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Moorside legal - Wasted costs order - Anyone tried?
Hi everyone
I'm coming up to the final stages of a MCOL case with NCP/Moorside.
Mediation shortly which will likely lead to a hearing later on, with Moorside potentially pulling out, not turning up, or at most simply losing the case (i hope. my chances look pretty decent)
What i'm wondering is, has anybody managed to get a Wasted Costs Order against Moorside legal after they drop/lose the claim?
They hit bulls eye on every box tick required to award them. Points already listed in my defense that'd back it up are i believe standard in many Moorside related instances i looked at here
- Hopeless case (claiming keeper liability via POFA when railway byelaws apply. I never identified as the 'person in charge'),
- Improper conduct and misleading the courts (False labeling and lying about the value of the PCN to attempt double recovery on the sly. Plus the aforementioned attempt to use POFA when it does not apply)
- Filing a claim, possibly, without authority (NCP in administration and maybe no administrator's explicit authority)
- Not following due process (Letter before claim being a joke as posted here before by other people. Stonewalling any attempt to contact and resolve the issue before the claim is started and refusal to engage in dialogue or conversation. The later even more poignant as i can prove the parking charge was paid)
- More general abuse of process (Using the courts as an intimidation tactic and acting as a debt recovery agency instead of solicitors representing a client on a court claim)
Any views on the chances of that going through? And whether it's worth it to make it a part of my hand in mediation?
Thanks
Comments
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Yes, you have set it up nicely.
Yes, costs Orders have been achieved v parking firms and two examples (how to do that after discontinuance) are in the NEWBIES thread as links in post 2.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Everybody should claim costs. It states the defendant is owed should the hearing fee not be paid in everybody's court order.
99% of people don't because they're just "relieved it's all over" when the Notice of Discontinuance lands.
1 -
the will hopefully discontinue but which railway station was it to make you think byelaws applied at that site (at that time)
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