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ES Enforcement County Court Claim
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Its good that the landowner agrees that this shold be cancelled( if im reading this right)
However you need something concrete off them to show this to a judge.
If you have such a thing then you can claim that the parking company is acting unreasonably by allowing this to continue, this could mean you can claim all of your costs ( in excess of the usual capped amount)
you could request that the person who is/was trying to get this cancelled with ES attend court, and tell them that they will face questioning in front of a judge about their relationship with ES parking, and possibly other matters, or ask them to sign a letter, something along the lines of....
name of landowner/car park owner__________ ___ Re Parking charge notice number/ref_______ issued by ES parking in our car park and being pursued in the County court by ES parking/Gladstone solicitor.
We (name of landowner/car park owner) employed ES parking to act as our agents in our car park at the time/date of the above parking charge being issued
Despite our best efforts to contact our agents in resolving this issue and cancelling the parking charge notice as well as instructing ES parking that we do not support this matter being pursued through the courts and wasting the courts valuable time, they are continuing to pursue this matter via the court system.
We as principal do not authorise ES parking to pursue this matter in court, against (defendant)___________________ and as such they have no authority, to continue with this unreasonable behaviour.
The above is a statement of truth
Signed ( by or on behalf of the landowner/retail park)____________ date_________
it may need a bit of adjustment, dont send it as is, however once youve got firm evidence that the landowner ( principal) does not want this to proceed then that puts Will Hurley and John Davies and coat Gladstones, as well as ES parking decidedly on the back foot.
As well as claiming for unreasonable behaviour. It may also be possible to issue a counter claimFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
She's not said in as many words but once I had sent her the images of the vehicle showing the short time frame she said she would get in touch with the company, when I chased for an update that was her response above... to me it suggests that she agrees that it cannot be legally enforceable. I will send her a similar copy to that letter to see if she's happy to sign this off, all my fingers crossed that she will agree!
Thank you for sending the draft, haven't spotted anything like this elsewhere so really useful, thanks!0 -
She's not said in as many words but once I had sent her the images of the vehicle showing the short time frame she said she would get in touch with the company, when I chased for an update that was her response above... to me it suggests that she agrees that it cannot be legally enforceable. I will send her a similar copy to that letter to see if she's happy to sign this off, all my fingers crossed that she will agree!
Thank you for sending the draft, haven't spotted anything like this elsewhere so really useful, thanks!0 -
I would stay clear of the not legally enforceable route, as it can case confusion, and aim at the we do not support this matter being pursued through the court, which will give a much clearer message, be easier for the principal to deal with and understand, as well as pulling the rug from under the feet of the likes of Gladstones/ES, sitting landowner/principal authority any court action should be stuffed.From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
Hi I have not made much progress with the landowner today so in the meantime I am preparing the witness statement.
I am struggling to stop myself from adding a lot of detail. If I produce my first draft please can I ask that someone could check this over? - I think I am blurring the lines of the skeleton arguement and the witness statement, does this matter too much if it is more of a combination between the 2 - I have read mixed opinions on Pepipoo.
I am in the middle of reading through the newbies stickee to help me at this stage
i was directed to this but post #15 which i think is a copy of the WS is not able to be downloaded here: hxxp://forums.pepipoo.com/index.php?showtopic=106957&st=0&p=1239147&#entry12 39147
Thanks again for your support0 -
I think I am blurring the lines of the skeleton argument and the witness statement, does this matter too much if it is more of a combination between the 2 - I have read mixed opinions on Pepipoo.
The general consensus - and bargepole's view - is it is OK in small claims. So I go along with that.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
A lot does depend on the judge. I'd make your witness statement to the point and elaborate more in court with your own notes.0
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Great thank you.
I spent a lot of time last night thinking about arguements - the main one in the defense is that the vehicle was stopped rather than parked to collect me coming out of next. I have scanned back to my iPhone steps and it as good as correlates time wise of me walking to come out of the store to the images they have of me coming out and heading to the vehicle. I thought this might help show the situation a little better that at xx time I was walking out of the store and my steps on my iPhone show the times that I was moving then I didn't move for another 15 minutes as by then I was sat in the car and on our way. Do you know if this kind of evidence has been used before and if it would help at all, or am I making things more complex than they need to be?0 -
Great thank you.
I spent a lot of time last night thinking about arguements - the main one in the defense is that the vehicle was stopped rather than parked to collect me coming out of next. I have scanned back to my iPhone steps and it as good as correlates time wise of me walking to come out of the store to the images they have of me coming out and heading to the vehicle. I thought this might help show the situation a little better that at xx time I was walking out of the store and my steps on my iPhone show the times that I was moving then I didn't move for another 15 minutes as by then I was sat in the car and on our way. Do you know if this kind of evidence has been used before and if it would help at all, or am I making things more complex than they need to be?
I think for general guidance it's good to put stuff up on here. But I'm sure Mr Hargreaves and co will be on here scanning through to prepare their arguments. I'm thinking maybe use PMs for more specific stuff.0 -
Agree with you that I would rather not share everything on here but I know a lot of users prefer not to have PMs sent to them so it's a bit of a catch 22!
Received your email though however and it's all really useful thank you0
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