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Court Case - Millennium/Galdstones
Comments
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No-one is doing it to be unfair. No perhaps about that too. Am now deleting any distracting posts and moving any relevant posts to my own thread.0
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Did Mr G turn up at your hearing btw? If he doesn't turn up at the next hearing make a big song and dance. Witnesses HAVE to attend for cross examination. So if he doesn't you can invite the court to disregard his evidence. If a witness can't come you are supposed to serve a Civil Evidence Act Notice. Challenging a witness's evidence is a fundamental right.
Another gem, Loads. See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part330 -
Thanks all for help given. Witness statement sent in and Gladstones/Millennium responded that they were discontinuing their claim.0
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Now that's interesting. They discontinued mine too. Previously their policy seemed to be to continue with all claims regardless of there being a good defence.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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Loadsofchildren123 wrote: »Now that's interesting. They discontinued mine too. Previously their policy seemed to be to continue with all claims regardless of there being a good defence.
I wonder if they're starting to get cold feet on the DPA breach front and discontinuing those where a DPA claim would leave them struggling for breath?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Well they were certainly anxious for me to forego the counterclaim (even though I hadn't made one, I'd specifically reserved the Defendant's position on that). I know that some PPCs regularly withdraw or don't turn up, but to date Millennium hasn't been one of them.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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I didn't make a DPA counterclaim, although I probably could have.0
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... and probably still can. Send them an invoice anyway, it will cost them time and money to deal with it.You never know how far you can go until you go too far.0
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I didn't make a DPA counterclaim, although I probably could have.
You still can - you have 6 years to do so. And it could be lucrative, up to £750.
Fighting back on this front is a pretty new strategy and the forums are still planning their approaches, with court claims being worked on imminently.
So keep coming back to the forum (and/or The Parking Prankster blog), because if this potential timebomb explodes, you'll be seeing the next PPI-style tsunami.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
check that they actually have discontinued - phone the court to ask. Unless and until you receive a formal Notice of Discontinuance from the court you can't assume it has been. PPCs have been known to say they are discontinuing and then they don't.
In my case Gladstones discontinued on the proviso that I didn't make a counterclaim. Like the OP, I was happy not to proceed with a counterclaim. I put so much research into the defence of the pcn that I didn't have the will to start researching DPA. However, by the same token I do think that if everyone starts making counterclaims/issuing their own claims then this would be a strong offputting factor for the PPCs.
Perhaps once you've had formal notice of the discontinuance you should send them your own Letter Before Claim and a without prejudice offer saying you'll settle for £x?Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
This discussion has been closed.
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