PPL PRS/Pannone - claimform - unpaid auto rolled music performance licence for online Zumba Classes that closed months before rollover.

[Beesnees]

The fee has been paid - £80.

Sorry, but it's a separate question on the MCOL form, so didn't think it was relevant as far as the defence was concerned. If I made a mistake in the format, hopefully the court can exercise some latitude as far as strict compliance is concerned. As I said, I'm not the AG after all. 

May be too late now, but I can post it here for your 'post-mortem' comments/observations if you wish? And I'm gratified to note that (contra dx100uk) you agree with the timing of my c/claim.

[Andyorch]

Yes please post a copy here for later reference.

[Beesnees]

Should I dedact/edit identifying details, such as invoice #'s, amounts, etc?

[Andyorch]

Just names...we need amounts dates.

[Beesnees]

The counterclaim is based on the following amounts: 

1. 50% of the Claimant's Invoice #SIN1603274 for the balance of the year (2021) when no protected music was played on my premises after the cessation of my online fitness classes on 30th June. 

CALCULATION: Gross Inv. value = £95.71 x 50% = £47.85 

2. 100% for paid Invoice #SIN1942647, on the grounds that no protected music was played on my premises for 2022 either. As already stated, my classes ceased altogether in June 2021.

CALCULATION: Gross Inv. value = £97.04

3. And finally, £1,000 is claimed for the stress, anxiety and loss of enjoyment of a peaceful life occasioned by the almost constant harassment I have received from the Claimant's debt collection agencies over a period of around 18 months, which included countless threatening letters, emails and 'phone calls.

SUMMARY OF COUNTERCLAIM

      £

    47.85_____________ 50% of Invoice #SIN1603274

    97.04 _____________ 100% of Invoice #SIN1942647

1,000.00 _____________ Consequential stress and anxiety, etc.

---------------

1,144.89 __________ Total of counterclaim

=======

[Andyorch]

Okay thanks lets see what transpires now they have your defence/cc. If they wish to proceed. if they don't wish to proceed you can proceed on your Part 20 claim as a separate issue.

[Beesnees]

Did I botch the c/claim?

[Andyorch]

I would of drafted it in a way its compliant but its alright lets see what response you get......dont do anything else without posting here first.

[Beesnees]

Phew. 

Noted, & thanks.

[Beesnees]

OK, just received a 'package' from the court consisting of:

1. Notice of Transfer of Proceedings (not my first choice)
2. Notice of Proposed Allocation to the Small Claims Track, and
3. Directions Questionnaire (Small Claims Track)
4. EX730 - Would you like to settle your case without going to a court hearing?

Would appreciate some guidance on completion of #3 [the DQ], namely:

• Q A1. Do you agree to mediation?
• Q B. Requests contact details. Mine or hers?
• Q D. Do you consider that this claim is suitable for determination without a hearing, ie by a judge reading and considering the case papers, witness statements, etc etc.

I have also received an e-mail from the claimant that had the following attachments:

• A letter to the defendant
• Their completed DQ, and 
• Their defence to the counterclaim.

If you need sight of any/all of these before you can advise, plse let me know. 

Many thanks.

 

 

 

[dx100uk]

you mean the n180.

 

dx

 

[dx100uk]

ideally you should be reading up in the downtimes

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[Beesnees]

Quote

1 wit you

???

[honeybee13]

dx is telling you how to fill in the N180, albeit in shorthand.

Which bits are you stuck on please?

HB

[dx100uk]

witness

[Beesnees]

@honeybee13

Quote

dx is telling you how to fill in the N180, albeit in shorthand.

Yep, dx's reply clarified that much.

Quote

Which bits are you stuck on please?

Well, since you ask. I want to submit around a dozen or so Trustpilot reviews of PPL-PRS in which ppl recount their personal experiences of this company. I would like the court to consider them, in effect, as witness statements in lieu of personal attendance as witnesses.

1. Would I be permitted to use their 'testimony' in support of our defence and counterclaim?
2. Do I count them in the number of witnesses?

[Andyorch]

1 hour ago, Beesnees said:

• Would I be permitted to use their 'testimony' in support of our defence and counterclaim?
• Do I count them in the number of witnesses?

 

No you introduce it as hearsay in your statement...1 witness your daughter.

[Beesnees]

[Beesnees]

@Andyorch Could do with a bit more help re:
 

Quote

"Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge
reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?"

Dunno if I have sufficient grounds for declining (ie answering NO) - especially since the claimant has ticked the YES box. Won't that make me look like the villain here? I'm not quite sure why a judge cannot make a determination here based on a simple presentation of the disputed fact.

If you still insist the answer should/must be NO, what grounds should I give to justify my answer without appearing unnecessarily vexatious, etc.

[dx100uk]

????

 

just follow the guide i put up earlier.

KISS

dx

[Beesnees]

Done!

KISS???

I'd rather get to know you a bit better first.

[dx100uk]

Keep It Simple Stupid.

 

dx

 

[Beesnees]

Just had a call from Pannone.

"As a gesture of goodwill", they are willing to withdraw their client's claim - if we withdraw our counterclaim. [What a surprise!]. Their claim is based on:

1. Their T&C's clearly state that theirs is a rolling subscription/contract that can only be cancelled by giving 28 days' notice in writing, quoting the licence number. It does not lapse simply because the licence holder (ie the defendant) stops using copyright-protected music mid "contract."

2. The defendant failed to comply with their T&C's, and failure to comply because, for example, she was not aware of them or did not read them, is not a defence at law.

I said I would put their offer to the defendant for her consideration and get back to them. 

Do we settle? 

[Andyorch]

I would, we have achieved the desired outcome...with regards to the monies lost paid for a service they could no longer provide...well they have been found out and didn't expect a defence to the claim.

But its your choice

 

 

.

[Beesnees]

Ultimately, I'm leaving that decision to my d'r. She's already indicated to me her wish to avoid the stress & time commitment involved in a court appearance. 

But before she makes the final decision, doesn't their June '21 e-mail (quoted at post # 10), as follows:

 

Quote

 

Hi Xxxxx

We are disappointed to learn that PRS for Music will not be continuing the online fitness music licence. This means original artist and copyright music will no longer be allowed for online workouts from 30th June 2021.

EMD UK and The Chartered Institute for the Management of Sport and Physical Activity have been in discussions with PRS Music, MPA and the UK government to find a long-term resolution and will continue to challenge the decision. We are also continuing to push for other forms of support for instructors, to help them recover from the impact of the last 18 months.

Although this will come as a disappointment to many, we would like to alert instructors to offers that our supplier partners have put forward:

WSHQ: Workout Music ........ etc etc.

 

 

... shoot down their defence about an alleged contractual breach of their T&C's in flames? If you agree, doesn't that virtually guarantee a trivial win for her c/claim?