So I'm going to court...

Jhpt · 22 August 2017 at 7:58PM

Quite right Coupon-mad, thanks for clarification.

I'm collating the evidence I require if this precedes to court - i've managed to sort a great deal, however I now ask for helping with the following;

1 20th September 2016 another relevant private parking charge claim by Gladstones was struck out by District Judge Cross of St Albans County Court without a hearing due to their ‘robo-claim’ particulars being incoherent, failing to comply with CPR. 16.4 and‘ providing no facts that could give rise to any apparent claim in law.

2 On the 19th August 2016 DJ Anson sitting at Preston County Court ruled that the very similar parking charge particulars of claim were deficient and failing to meet CPR 16.4 and PD 16 paragraphs 7.3 - 7.5. He ordered the Claimant in that case to file new particulars which they failed to do, and the court confirmed the claim will now be struck out.

3 In C3GF84Y (Mason, Plymouth County Court), the judge struck out the claim brought by KBT Cornwall Ltd as Gladstones Solicitors had not submitted proper Particulars of Claim

Can anybody help give me some sort of reference for these? Or am I OK not to do so?

Coupon-mad · 22 August 2017 at 11:42PM

No need, they do all come from the Prankster though I think.

Google search the claim number and 'parking prankster' and you should find them blogged. Judges have seen PP blogs in defendants' bundles before!

Jhpt · 23 August 2017 at 2:56PM

Thanks Coupon-mad.. you've been a fantastic help! I'm all there now - I've submitted my defence to court via email and will post by registered mail too. The man I spoke to on the phone said the court would submit directly to the Claimant - should I send them my Defence directly too?

Having a great chuckle reading through PP's blog!

nosferatu1001 · 23 August 2017 at 3:18PM

Not registered / recored. FIrst class, freee proof of posting. Deemed served two days later. Done.

No, as you have been told, and as the form told you, you only submit to the court. After this point you will be sendnig both to claimant and the court.

Jhpt · 24 August 2017 at 11:14AM

Thank you nosferatu1001!

In that case - feet up and let's see!

I've drafted my Witness Statement, Skeleton Arguement and have the answers for DQ ready - so I think I've done all I can at this point!

Thanks everybody for the advice. I will keep this updated!

nosferatu1001 · 24 August 2017 at 11:19AM

Make sure your WS is factual statements ONLY. It should not be that long either - concise is good, and a difficult art.

Skeleton - youll need to adapt to point out all the screw ups in their bundle. Common failings include - getting dates, times and places wrong. Stating items not in the "Witness"'es knowledge, such as stating the Defendant is the driver when theyre chasing the Keeper and have no idea who the driver is. Trying to claim that there is an obligation o n the keeper to name the deriver, and that not doing so is being unreasonable. and so on.

The_Deep · 24 August 2017 at 11:33AM

1) I haven't yet spoken to the RA - underway, but these guys are notoriously bad at returning calls from tenants.

That is because RAs should not have contact with tenants. Tenants should deal with these matters through their landlord/letting agent.

Whatever your lease says about parking should mirror what the leases says. If the lease does not mention a permit being required to park in your allotted space, the PPC are Friar Tucked.

Jhpt · 24 August 2017 at 1:52PM

Thanks both.

My understanding is ;

WS: Factual statements only i.e. Car parked @ X on date X, letters recieved X/XX/XXXX etc. Do I point to factual reasons during the WS that I believe influences my case i.e. Claim form recieved on XX/XX/XXXX with failings on CoP 16.4 etc.?

Do I also point out in WS the fact that I felt intimidated by them including X. Y, Z etc?

Skeleton;
I seem to understand that this is an expansion of both my WS and Defence - explaining each point etc?

Thanks!

In terms of RA - RA are the persons who have appointed the PPC and therefore the people with direct contact with RA and should be able to confirm/deny any contract and what that contract includes (i.e. right to take legal action) in my mind - is this correct?

The lease indeed makes no reference to third party OR permit :beer:

masani · 24 August 2017 at 1:57PM

GUYS - QUICK QUESTION as I CAN'T get answer in my thread

I am going to send my defence over to the County Court today. I will do it via email, can you please at least advice if I have to print it, sign it, scan it and send it?? It's needed to be signed by hand or I can just send it with signature made in the WORD??

THANK YOU
Emily

Jhpt · 24 August 2017 at 2:04PM

Hi Emily,

Hope I can help as I sent mine across yesterday.

I sent mine electronically via email (file as PDF rather than word) and also by recorded delivery.

My electronic copy I printed, signed by hand then scanned back in (saved as PDF) and sent that way. I imagine it needs a real signature as opposed to an electronic one.

So I'm going to court...

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