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my draft defence Gladstones - PCM Court action
Comments
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Loadsofchildren123 wrote: »
Did anyone turn up from Gladstones/the PPC?
No & they don't send any letterLoadsofchildren123 wrote: »When were they ordered to pay by? 28 days?
Thanks v much0 -
OK, if you don't get payment on day 14 write to them and tell them you will apply for a Warrant of Control within 7 days unless you receive payment by return. Then come here for help - it's an easy process though.
What court was it and did you catch the judge's name?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 -
Hoots of laughter ... Gladstones and PCM ... WHAT A JOKE0
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Can you post your full costs order here - what did you ask for and can you report on what the DJ said in relation to awarding all your costs ... this is a unusually high amount to be awarded so very well done indeed.0
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Loadsofchildren123 wrote: »OK, if you don't get payment on day 14 write to them and tell them you will apply for a Warrant of Control within 7 days unless you receive payment by return. Then come here for help - it's an easy process though.
What court was it and did you catch the judge's name?
I would suggest for that amount, it should be a Writ of Control via the High Court.
Then we might see PCM featured on Can't Pay? We'll Take It Away.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
I bow to you bargepole..... the only time I've ever done this myself was when a client was on the receiving end and it was quite a bit of money, I thought it was a warrant, but perhaps it was a writ.
Anyway, it'll be fun!!!!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 -
Loadsofchildren123 wrote: »I bow to you bargepole..... the only time I've ever done this myself was when a client was on the receiving end and it was quite a bit of money, I thought it was a warrant, but perhaps it was a writ.
Anyway, it'll be fun!!!!
If you use the County Court bailiffs, it's a warrant.
If it's escalated to the High Court, which companies such as DCBL can do on your behalf, it's a Writ of Control. Any amount over £600 can be enforced using this method.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Nice result Sassii, well done you. :TPlease 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 -
Loadsofchildren123 wrote: »
What court was it and did you catch the judge's name?
Romford County court dismissed my set aside case but it was different judge. Sorry I didn't catch his name0 -
Can you post your full costs order here
Time spent on documents
Reading:
1. Statement of Claim form: 30 minutes. 0.5 hour
2. C's Directions Questionnaire: 30 minutes . 0.5 hour
3. Court order (allocation and timetable): 30 minutes . 0.5 hour
4. IPC Code of Practice: 3 hours
5. BPA Code of Practice: 3 hours
6. Plot no. xxx on the xxxxx
Land Registry no. xxxxx. 2 hours
7. 4 letters from the Claimant: 30 minutes 0.5 hour
8. 6 letters from Claimant’s solicitors, Gladstone solicitors,: 30 minutes . 0.5 hour
9. 6 letters from Claimant’s debit recovery agent, TRACE,: 30 minutes. 0.5 hour
10. Schedule 4 of Protection of Freedom Act 2012: 3 hours
11. Contract - with particular reference to unfair contract terms: 3 hrs
12. Tort – In relation to trespass: 3hours
13. Occupiers Liability – both in statute and tort: 3 hours
14. Data Protection: 3hours
15. Consumer Protection and Disability Discrimination: 3 hours
16. Civil Procedure Rules Part 27: 3 hours
17. Practice Direction 27: 3 hours
18. Civil Procedure Rules Part 31: 3 hours
19. Court cases:
a. ParkingEye Limited v Beavis [2015] UKSC 67. 2 hours
b. PCM V Bull & 2 other [2016] B4GF26K6. 1 hour
c. Jopson v Homeguard [2016] 9GF0A9E. 1 hour
d. Link Parking v Ms P C7GF50J7 [2016]. 1 hour
e. Pace v Mr N [2016] C6GF14F0 [2016]. 1 hour
f. Saeed v Plustrade Ltd [2001] EWCA Civ 2011. 1 hour
g. UKPC v Masterson [2016] B6QZ4H3R 1 hour
Total: 46 hours
Drafting:
1. Acknowledgment of Service Form: 30 minutes. 0.5 hour
2. Statement of Defence: 6.5 hours
3. Directions Questionnaire: 30 minutes. 0.5 hour
4. Witness Statement. 9 hours
5. Other work done on documents like Printing, Scanning & organising: 3 hours
Total: 19.5 hours
Correspondence
1. 4 letters to Claimant: 2.5 hours
2. 5 letters to Claimant's solicitors: 3 hours
3. 1 letters to court dated 03/10/2017. 4 hours
Total: 9.5 hours
Other
1. 4 calls to court 4x15 minutes. 1 hour
2. Time spent to post 6 letters to Claimant’s Solicitor, Gladstones Solicitor,. 1.5 hour
3. Time spent to post Statement of defence and 1 letter to court to court. 1 hour
4. Site visit to take photographs, Videos and collect evidence 1.5 hour
Total hours costs, from the above: 80 hours at £19 per hour = £ 1520
Printing of statement of defence. Estimate £25.
Postage: £9.37 +estimated £2.4 = £11.77
1. Printing of Witness Statement (estimated) = £75
2. Time spent to post Witness Statement to court, 0.25 hour x £19 = £4.75
3. Time spent to write this letter / application, 5 hours x £19 = £95
4. Loss of earning to attend court hearing at xxxx = £95
5. Car park to attend court hearing at xxx (estimated) = £5
6. Postage:
a. Post Witness Statement & evidences to court, £11 +£1.8 = £11.77
b. Post letters to Gladstones Solicitor , £1.74+£1.74+£1.74+£1.75= £6.97
c. Post to Northampton County Court Business Centre, £2.4 = £2.40
This discussion has been closed.
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