PCM / Moorside Legal are taking me to Small Claims Court

FluffySocks25

Apologies for the double message. I have just got this from online - Under Part 2 of the CPUTR, regulation 5 prohibits misleading actions. This includes practices that give false information, deceive consumers, or create confusion with competitors' products. Would it be enough to just reference it?

I would also like to add the below

CPR 44.11 - further costs

40.     I am appending with this bundle, a fully detailed costs assessment which also covers my proportionate but unavoidable further costs and I invite the court to consider making an award to include these, pursuant to the court's powers in relation to misconduct (CPR 44.11). Exhibit 9.   In support of that argument, I engaged with the Claimant at every step where possible. I also informed them that if they continue to write to me after I explained my case I would charge a per hourly cost of my current pay which was approximately £XX per hour. 

 

My fixed witness costs - ref PD 27, 7.3(1) and CPR 27.14

41.     As a litigant-in-person I have had to learn relevant law from the ground up and spent a considerable time researching the law online, processing and preparing my defence plus this witness statement.  I ask for my fixed witness costs.  I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave.

 

42.  The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing... a sum not exceeding £95 per day for each person.''

Could I add the above? Aside from the above, is the Witness statement OK to go? 

Coupon-mad

Yes to all of the above. 

And this case doesn't fall under the DMCC Act which only covers conduct after 6th April 2025. But it certainly falls under the CPUTRs which should be referenced.

FluffySocks25

Thank you @Coupon-mad. I honestly really appreciate the support you have provided so far!

Here section 11 updated - 1.     Potential Legal Standing – Misrepresentation (Misrepresentation Act 1967): PCM’s actions may amount to misrepresentation as they presented signage in their evidence that does not apply to the specific bay where I parked. PCM’s evidence is misleading and/or suggests I violated rules that were not posted in that parking bay. I believe PCM have intentionally misrepresenting facts to justify the charge. Legal Basis: Misrepresentation, even if accidental, can invalidate a contract or agreement. The evidence was misleading, and I believe it should be view has misrepresentation, invalidating PCM’s case. Under Part 2 of the CPUTR, regulation 5, it prohibits misleading actions. This includes practices that give false information, deceive consumers, or create confusion with competitors' products. This act by PCM should be seen as misleading conduct and /or misleading omission.

and this is my new section 39- 42

33.  CPR 44.11 - further costs

I am appending with this bundle, a fully detailed costs assessment which also covers my proportionate but unavoidable further costs and I invite the court to consider making an award to include these, pursuant to the court's powers in relation to misconduct (CPR 44.11). Exhibit 9.   In support of that argument, I engaged with the Claimant at every step where possible. I also informed them that if they continue to write to me after I explained my case I would charge a per hourly cost of my current pay which was approximately £XX per hour. 

34.  My fixed witness costs - ref PD 27, 7.3(1) and CPR 27.14

As a litigant-in-person I have had to learn relevant law from the ground up and spent a considerable time researching the law online, processing and preparing my defence plus this witness statement.  I ask for my fixed witness costs.  I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave.

35.  The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing... a sum not exceeding £95 per day for each person.''

Coupon-mad

That's good. Maybe put  Part 2 of the CPUTR, regulation 5 in bold, if the other laws are?

FluffySocks25

Hi All, just wanted to give an update. I have sent my witness statement via post to arrive today by the deadline and I pre-empted that the legal firm would complete a witness statement and share this with me also, but I have not received anything from them in the post. Am I right in thinking they are meant to send something to me?

Le_Kirk

They will probably have sent it by email; why did you not do the same - was the file bigger than their server permitted?

FluffySocks25

@Le_Kirk, I did both. I posted and emailed. The letter from the court said they will not accept email unless its 10 working days / 2 weeks before the court date but my court date is 5 months away which is a bit confusing, so I had to send it to the court by post

Please note, the Court will not accept any documents received via email unless you have a hearing within the next 10 working days. If your hearing is not within 10 working days, this must be submitted via Royal Mail / DX. Manually submitted documents must be deposited into the Court Post/Drop box. Under no circumstances are documents to be handed to Security or staff – this will be refused. No exceptions will be made.

I then thought I will also send to the law firm handling the case by post too. I have a video that I also need to send but its to large for me to do so. I have informed both the court and the claimant that I have a video that I am trying to shrink and send. I also put a not in my letter that I sent via post. 

If they have not sent their witness statement to me, by the deadline of today 4pm, what does this mean?

Coupon-mad

It either means they are late or that they might discontinue the claim. Wait and see.

FluffySocks25

Does them being late have any implications? If they discontinue, any cost I have incurred could I get this back?

FluffySocks25

Hi @Coupon-mad, just a heads up, I have received their witness statement, it came today.

They have said in the cover letter that the court should decide the outcome of the claim in the claimants absence in the interest of proportionality and to save on incurring cost, I believe they have stated that it would cost £200 for the claimant to attend.

They have provided a document which is called 'Authority to Operate' in the area. The company name is listed, but they are not the land owners they are the managing agent of the land. Is the 'Authority to Operate' still valid?. 

Also, they have provided again that I breached the T&C of 'No Parking in this area either wholly or partially at any time' but that was not the sign, wording or location of where I parked.

They have used a third party Paralegal, to do a the witness statement and it is clear they do not know the area as they would know where I parked does not correlate with the sign. They have also provided evidence that there are a number of different signs and wording around the square. Seems like there is 4 types, which can easily cause confusion. But the one they said I breached is noted above.

They have made reference to me using the forum in my defence. 

They made reference to an appeal that I made in March, which reads like I had received the initially letter from PCM and I was too ill to reply on time. I submitted my sicknote which is dated after the fact of the PCN which they have also supplied as evidence. However, I was referring to the the debt collection letter. In my Appeal, I have said I received a letter from PCM but it was PCM debt collection company, I did not recall the difference at the time. I went online to review the letter / images from PCM which the debt collection company told me to and that was what I was referring to. My Doctors letter is dated some weeks after the date of the PCN which further proves that I was referring to the debt collect letter as it covers this date. I have maintained that I had not received the initial letters PCM and also confirmed in other letters to the other legal firm dealing with this. There have been two legal firms involved in the process and a debt collection agency.

They have not provided evidence of the debt collection call where I mention the above and could hear I was ill. 

They have also shared some very private information about my health in their witness statement, I have not even shared it on mine. When sending my evidence of my ill health I told them I did not want this shared, I said I wanted the evidence destroyed after viewing, and they have now shared this as part of the WS. This is very disheartening, I can't even describe. Like how dare they as if they have the right to share this. And the way they have even formatted the information.