Car Wheel Clamped

[Bill_2000]

Hello Everyone,

I need your advise, my car was clamped in April 2012 (under duress I was forced to pay £475 for the release of my car) and after my appeal was rejected by the clamping company I have filed a claim in small claims court.

 

I have received a Notice from the court that a defence and counter claim (for £150, for time spent dealing with this case and also a day at the court) has been filed. I would like to defend the counter claim, can you please advise what options I have for defending the counter claim.

 

Thanks in advance.

 

Regards

Bill

[freakyleaky]

What a surprise. Appeal rejected by clamping company!!!

As far as I know once you have filed your claim the defendant can then counter claim and submit an intention to defend. I think it is then decided by the courts if it goes that far. They may well decide to settle before the hearing date.

 

I'll flag this for the legal eagles on the site team to have a scan at and hopefully get you some better advice.

[crem]

Have you filed your claim against both the clamping PPC and the landowner? If you haven't, whether you win or not, the PPC is unlikely to pay you any money back. By including the landowner you will be ore successful getting your money off them.

[Bill_2000]

Thank You for your response.

 

No, I have not filed my claim against the landowner, its only against the PPC. Is it possible for me to file/include the case against the landowner in my court case at this stage when the court hearing date has not been decided yet.

 

I also need your advise on how to file a defense case against counter claim?

[BASFORDLAD2]

You should have come here first.

 

You proberly won't see any money from the ppc

[MARTIN3030]

You would need to apply for an ammendment on form N244 asking for an order to add the further defendant to the claim.

You need to list first defendant as xxx and second defendant as yyy

 

Allocation stage would give you a chance to file draft orders etc.

You say they have counterclaimed which includes for a day in Court ?

Can you confirm that there has not been any days in Court ?

What they appear to be counterclaiming for is their costs and time for defending right?

[Bill_2000]

Please see my answers in red

 

You say they have counterclaimed which includes for a day in Court ?

Yes for a day in court and time spent to build a defence case.

Can you confirm that there has not been any days in Court ?

No there has not been any hearing yet.

 

What they appear to be counterclaiming for is their costs and time for defending right?

Yes

[dx100uk]

could you have not used chargeback if paid by card?

 

dx

[Bill_2000]

I used my card and later tried to chargeback. The bank however declined it as I had authorised the payment myself.

[dx100uk]

your payment was made under duress, they should chargeback.

 

dx

[Bill_2000]

I will certainly try for that then, lets see.

 

Can you please advise on the defense counterclaim, what should I mention in my defense letter against the counter claim.

[lamma]

It may not be the landowner that is needed as the second party. It should be whosoever ever contracted the PPC. It could be the occupier or tenant instead, and often is.