Saba/ ZZPS / debt - claim.com small claims court action quoting bylaws ?

andrewgarner

Anybody with any advice on claiming cost 🤣

Coupon-mad

It's already in the NEWBIES thread (a worked example is there) and may well be worth a punt if you are prepared to ask for a costs hearing and explain to the Judge the unreasonableness of pretending an out of time 'statute-barred' penalty notice (enforced only by the Mags Court) could be reinvented as if it was a charge 'owed' years later, to a third party private firm under contract law.

And sought by a legal firm 'instructed by ZZPS' who are a (two stages removed) third party debt collector, and are neither the TOC, the PPC, or the creditor. Madness on their part. Not just hopeless litigation but an abuse of the civil courts and an abuse of the sole purpose that the DVLA data was obtained for (a Penalty Notice).

I'd love it if you try for costs.

Grizebeck

Give it a whizz. They may not allow it without a formal application but you have nothing to lose by emailing 
As CM it may get reinstated but hopefully not (don't let that stop you doing the costs )

andrewgarner

@Coupon-mad not sure anyone from Saba was going to attend, from what I can tell it's all being run from a debt-claims in Coventry.

I was dealing with a trainee solicitor there.

The witness statement was written by him and pretty sure he was to be the attendee giving evidence.



.

Coupon-mad

Neither SABA nor the solicitor would have attended. They'd have sent a rep. 

kryten3000

This is great news and shows that this was a speculative attempt to get a default judgment.

Saves me a trip to Northampton anyway

andrewgarner

@kryten3000 absolutely, and glad you didn't have to be inconvenienced.

It is however the thought that counts and your offer and support was brilliant.

Thanks.

Snackum

I'm in the middle of this right now. They failed to pay the fee for me and then claimed to have the case heard which they won, sent a local solicitor to attend court. I've now had the full pack again !!! with a hearing in January. Surely that means they will attend the hearing and I need some help ? 

Coupon-mad

Snackum said:

I'm in the middle of this right now. They failed to pay the fee for me and then claimed to have the case heard which they won, sent a local solicitor to attend court. I've now had the full pack again !!! with a hearing in January. Surely that means they will attend the hearing and I need some help ? 

Answered here:

https://forums.moneysavingexpert.com/discussion/comment/81025861/#Comment_81025861

Please start a new thread with a copy of your defence and the court/Askews letters (redacted of your data & claim number).

kryten3000

I'm updating this thread because the Defendant in the other SABA case I assisted with deleted their profile.  This case was concluded today:

The hearing was actually an application to allow amended Particulars of Claim which expanded on the woeful text on the Money Claim form (which didn't even specify the dates of the parking events).  The amended Particulars made it absolutely clear that the charges were Penalty Notices issued under Railway Byelaw 14.

The DJ refused the application on the grounds that there was no realistic chance of success at a hearing and that they would mean that the court would be asked to decide on a criminal matter which was an abuse of process.

Initially the DJ was going to send the case to a final hearing because the Claimant wouldn't back down but after a brief adjournment and acting on the overriding objective, struck the claim out entirely for the above reasons.

No costs, but an expensive outcome for Askews as they had paid for an N244 and the usual hired representative.

The best part was when the DJ started reading from this very forum