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my draft defence Gladstones - PCM Court action

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  • Sassii
    Sassii Posts: 251
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    Did anyone turn up from Gladstones/the PPC?

    No & they don't send any letter
    When were they ordered to pay by? 28 days?
    14 days

    Thanks v much
  • 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.
  • beamerguy
    beamerguy Posts: 17,587
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    Hoots of laughter ... Gladstones and PCM ... WHAT A JOKE
  • safarmuk
    safarmuk Posts: 648 Forumite
    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.
  • bargepole
    bargepole Posts: 3,231
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    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.
  • 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.
  • bargepole
    bargepole Posts: 3,231
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    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.
  • Umkomaas
    Umkomaas Posts: 41,251
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    Nice result Sassii, well done you. :T
    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 Street
  • Sassii
    Sassii Posts: 251
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    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 name
  • Sassii
    Sassii Posts: 251
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    safarmuk wrote: »
    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 = £2.4
This discussion has been closed.
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