ES Enforcement County Court Claim

Coupon-mad · 3 March 2017 at 2:22PM

Go for it, NW IT Consultant!

Dot2101 · 3 March 2017 at 8:28PM

Thanks so much for your help,

Court date due on 11th April and my papers say that I need to send the witness statement to all parties no later than 14 days before, it doesn't state business days so I am thinking I have until the 28th March. They have to pay the fee by the 14th, so far they haven't paid this but I know they are notorious for paying late.

Can I ask how much you are now due to pay? Happy if you would prefer to tell me by PM. Our growing concern now is the money that it will cost us if we are an unlucky one, I know it's wrong but it's causing us and our family a lot of distress that it makes us want to try negotiate something (as much as I would hate to)

Did you take anyone with you? The fine is registered to my partner but I have asked if I can go as a witness (as I was the one coming out of the shop with goods) can a witness speak much in terms of the arguements- I know I will be much better than my partner as I have been the one researching. If it does actually have to be him then I need to get training him!

I've got pictures of the signs (before these were changed to the new company) , where the vehicle is stopped on the double yellows (you can see my partner in the car, we have about 6 images sent to us) there are no signs to say no stopping but they are saying it is because we are not parked on the confines of a parking space... well no because we weren't Parking! Do you have anything that you used which lists the font size that they can use etc? I have the Beavis sign which I will include?

Did you get anywhere with contacting the landowner of the spittalfields site? I am back and forth with the current landowner but she has said she doesn't have a contact at ES anymore as they no longer work there, I have helpfully given her email addresses of people that do work there and she has said she will email. As she was a client at the time I am hoping they will have to be held accountable or that she will have some kind of power to get a case dropped - coupon mad have you heard of this happening much in these situations where new companies now manage the site?

I will begin my witness statement over the weekend, northwest- would you be ok to look over this and see what you think?

Thank you again for coming to here after your unlucky case to help us that are still suffering under these disgusting people, it is really appreciated

Coupon-mad · 3 March 2017 at 11:39PM

Did you take anyone with you? The fine is registered to my partner but I have asked if I can go as a witness (as I was the one coming out of the shop with goods) can a witness speak much in terms of the arguements- I know I will be much better than my partner as I have been the one researching. If it does actually have to be him then I need to get training him!

You can only speak if you act as 'lay rep' (which you can, but some Judges don't know that). I am NOT talking about a 'Mackenzie friend'.

Read these threads where women acted as lay reps, armed with the Lay Reps Right of Audience legislative proof that you CAN speak in court, and also (of course) accompanied by the defendant, who must still go:

http://forums.moneysavingexpert.com/showthread.php?t=5485487

http://forums.moneysavingexpert.com/showthread.php?t=5533125

Can I ask how much you are now due to pay?

Read his thread for yourself:

http://forums.pepipoo.com/index.php?showtopic=112089&st=0

... there are NO huge costs, the above poster (who is fighting back admirably, by staying on both forums to help others) paid just £200. No risk of a CCJ and losers are given 30 days to pay (winners can claim their lost leave/wages but not for you as lay rep).

Losing is rare and sometimes just down to the lottery of a bad Judge.

NorthWestITConsultant · 6 March 2017 at 5:30PM

Dot2101 wrote: »

Thanks so much for your help,

Court date due on 11th April and my papers say that I need to send the witness statement to all parties no later than 14 days before, it doesn't state business days so I am thinking I have until the 28th March. They have to pay the fee by the 14th, so far they haven't paid this but I know they are notorious for paying late.
I'd assume they will be paying and you need to turn up to court. Get the witness statement in ASAP.

Can I ask how much you are now due to pay? Happy if you would prefer to tell me by PM. Our growing concern now is the money that it will cost us if we are an unlucky one, I know it's wrong but it's causing us and our family a lot of distress that it makes us want to try negotiate something (as much as I would hate to)
I am due to pay £200 now. It's not a big deal as far as I am concerned, it was more the principle and the wish to teach them a lesson that kept me on! I didn't do the best job defending myself to be honest, I highly doubt you will have a problem if you get your defence in good shape and cross examine him properly

Did you take anyone with you? The fine is registered to my partner but I have asked if I can go as a witness (as I was the one coming out of the shop with goods) can a witness speak much in terms of the arguements- I know I will be much better than my partner as I have been the one researching. If it does actually have to be him then I need to get training him!
Nope I just went myself, not sure if there is an issue with you both going? When I was at court there were several couples battling these scumbags.

I've got pictures of the signs (before these were changed to the new company) , where the vehicle is stopped on the double yellows (you can see my partner in the car, we have about 6 images sent to us) there are no signs to say no stopping but they are saying it is because we are not parked on the confines of a parking space... well no because we weren't Parking! Do you have anything that you used which lists the font size that they can use etc? I have the Beavis sign which I will include?
You should have a very strong point on the contract not being enforceable as it requires you to get out of the car to read the sign and that would mean breaching the contract. I'll send you more details on this privately closer to the time.

Did you get anywhere with contacting the landowner of the spittalfields site? I am back and forth with the current landowner but she has said she doesn't have a contact at ES anymore as they no longer work there, I have helpfully given her email addresses of people that do work there and she has said she will email. As she was a client at the time I am hoping they will have to be held accountable or that she will have some kind of power to get a case dropped - coupon mad have you heard of this happening much in these situations where new companies now manage the site?
Nope I didn't bother in this case. They are all clearly scumbags and not really looking to enforce sensible parking restrictions.

I will begin my witness statement over the weekend, northwest- would you be ok to look over this and see what you think?
Absolutely. I'll also send you mine and highlight the important points to battle out.

Thank you again for coming to here after your unlucky case to help us that are still suffering under these disgusting people, it is really appreciated
No worries, I'm going to use it to motivate me to help lot's of others in beating them

Hi Dot,

Apologies for replying late on this, I had set up a subscription to this thread and didn't get anything through so assumed there was no activity on it. I'll check more regularly from now on.

I've answered each of the above as best as I can.

Chelone_Owner · 9 March 2017 at 2:04PM

I just wanted to say good luck, my court cast isn't till June, 10 months after the parking ticket was issued! Keep us up to date too! I'm sure common sense will prevail.

Dot2101 · 9 March 2017 at 8:14PM

Thank you, mine is 9 months later! Papers due in a couple of weeks. What I would say is try every method possible to complain: if it's by a shop, complain to the shop and their customer services (I also emailed the director of next), if you can find the landowners details, complain to them too.
It's taken me a long time but Next are finally getting in touch with the landowner to discuss it with them so I am hoping that this might help. I am due an update from next tomorrow so I will keep you up to date. Make sure you take the advice from all the great people on this site that dedicate time to help us, id have struggled without them but now I feel like I'm very confident about the case and am doing all I can to avoid paying these disgraceful people!

Dot2101 · 10 March 2017 at 7:45PM

Found out today that the court fee has now been paid.
The landowner has been trying to get in touch with E S but hasn't had any responses from them, issue is they don't have a contract with E S anymore so I'm not sure how much influence they will be able to have anymore, any ideas?
She responded and commented

I have chased them several times but to no avail I have also spoken to Next. It may be that you are indeed correct that the double yellow lines are not enforceable as they were not put in by the local authority they were put there as a deterrent to keep the shop fronts clear and free access at all times.

I have asked her if she can continue trying to contact and if she can provide a letter with This information as she is seeming to suggest that she knows that the local authority didn't put these lines down so I am presuming that she did. If she won't write an email what are the rules about using an email as evidence or is it not worth putting in the WS?

Thanks

Redx · 10 March 2017 at 8:03PM

get the landowner to write a witness statement on your behalf , backing up the fact that they wanted it to be cancelled and tried unsuccessfully to do so

this will be submitted along with your own witness statement at the appropriate time

Dot2101 · 10 March 2017 at 9:55PM

I will ask her if she can do this for us. Any clever pointers of the time of thing I should ask her to say or is it just as basic as she wanted to get it cancelled but couldn't get in touch
Thanks for your reply and support

pappa_golf · 10 March 2017 at 10:03PM

perhaps a statement hinting that the reason there contract was terminated was because they were not acting on what the landowner wanted , and when asked to cancel charges for valid people they refused

ES Enforcement County Court Claim

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