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  • FIRST POST
    • claxtome
    • By claxtome 27th Apr 17, 2:25 PM
    • 336Posts
    • 337Thanks
    claxtome
    1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued
    • #1
    • 27th Apr 17, 2:25 PM
    1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued 27th Apr 17 at 2:25 PM
    Backgound
    1 big car park 2 landowners - local council and private (ESxxx) which is AOS member and should follow IPC guidelines)
    2 entrances from highway to ES part and 1 entrance from highway to Council part.
    Bought valid parking ticket in council part; drove to private part and parked.
    Didn't realise the car park covered 2 areas of land ownership.
    No signage at change of land ownership against IPC CoP guidelines
    No boundary fence on the day
    Came back later in day with 'Notice to Driver' parking charge with words "council tickets not valid in this part of car park"
    Have produced a DVD showing how it is possible to drive round the car park without going back onto a highway

    NTK came back 39 days later. I ignored and didn't appeal

    Further letters and sent my response appeal
    Received reply stating too late to appeal and continuing with chasing letters.

    Received LBC from Gladstones which I replied

    Received MCOL court claim letter from Northampton early April


    Defence, WS and Skeleton have now been submitted and court date is very soon

    My defence, WS, evidence etc. are in this folder->
    https://www.dropbox.com/sh/r1mszyesx5cxpoa/AACVSwFWvw_nXMN0soZAO964a?dl=0

    Claimant's WS and evidence are in this fo!der->
    https://www.dropbox.com/sh/im119eaq9etiyo8/AADm3lCyIuUpeg7itMoGtrq_a?dl=0

    Thanks for reading.
    Last edited by claxtome; 11-10-2017 at 2:11 PM.
Page 7
    • claxtome
    • By claxtome 2nd Oct 17, 12:12 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    Thank you Jonersh for helping with the wording. I can't write it for her but wanted to help where I can->
    The final para merely needs to say on [date] judge XXX dismissed the claim by X parking company holding that the signage was inadequate to form a contract with me, given the route I drove into the car park. (oh and make sure that this is the same entry point as you - or delete this reference)
    Kezza15 The route I took can be seen by looking at the map in the Evidence doc - link below to folder. I can't imagine you didn't take the same route as me from what you have said in your thread->
    https://db.tt/cE8UQOqCyE


    LoadsofChildren123 thanks for replying too. I am 99% sure that Kezza15 didn't submit a formal witness statement and just showed some photos and documents on the day to the Judge as no one turned up at her hearing from Claimant's side. I take it she could refer to her defence statement instead and use an amended version of your post?
    Last edited by claxtome; 02-10-2017 at 12:27 PM.
    • Loadsofchildren123
    • By Loadsofchildren123 2nd Oct 17, 12:18 PM
    • 1,756 Posts
    • 2,870 Thanks
    Loadsofchildren123
    yes if no WS then the defence and the photos/plans she produced on the day. Kezza's thread does say in 2 places that she filed evidence - post 35 says judge read their evidence then hers, but perhaps she just meant defence. The defence is good enough anyway I think because it refers to the 2 car park issue/no signs or demarcation.


    I've sent you a message - I think you should send that drop hands offer today, and iin the letter just refer to kezza's case and say you will be relying on her defence/evidence, and they will already know exactly what that was because it was served by her weeks ago and it's the same Claimant and they were also acting. Then send the statement in an open letter as soon as you can.
    • Loadsofchildren123
    • By Loadsofchildren123 2nd Oct 17, 12:19 PM
    • 1,756 Posts
    • 2,870 Thanks
    Loadsofchildren123
    If Kezza can confirm in the WS that the two of you took the same/very similar route, that would be good.
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 12:26 PM
    • 51,766 Posts
    • 65,409 Thanks
    Coupon-mad
    I've sent you a message - I think you should send that drop hands offer today, and iin the letter just refer to kezza's case and say you will be relying on her defence/evidence, and they will already know exactly what that was because it was served by her weeks ago and it's the same Claimant and they were also acting. Then send the statement in an open letter as soon as you can.
    claxtome, do send them separately, I agree, you don't want the WS from Kezza to be attached to a letter marked 'withhout prejudice' because it stops the comms being used in court (which is OK for the drop hands offer but not for the WS from Kezza).

    Both LoadsofChildren123 and Johnersh are solicitors so take their forum advice on this important stage.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • claxtome
    • By claxtome 2nd Oct 17, 12:56 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    If Kezza can confirm in the WS that the two of you took the same/very similar route, that would be good.
    From what Kezza15 has said to me previously about the fence and rubble she must have followed a very similar route to me. (She sent me a message saying she is too busy to reply)

    Also in her message she has confirmed she did send a witness statement and photos. Sorry for confusion.
    Last edited by claxtome; 02-10-2017 at 12:59 PM.
    • claxtome
    • By claxtome 2nd Oct 17, 1:13 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    My final version of 'drop hands' offer is now worded as follows, any comments before I send it this afternoon around 4pm?

    Without prejudice save as to costs
    To whom it may concern

    I am writing in regards to Claim Number XXXXXX which goes to court on Thursday XXXX October.

    I am aware that your client lost a claim in respect of the exact same car park, in the same court, last week on [date], and that the successful Defendant relied on all the same facts as me (inadequate signage, no barrier/demarcation between the two parts of the car park) – Claim number XXXX”

    I put you on notice that I will rely on that case in support of my defence and I will be relying on the defence and witness evidence produced by the Defendant in that case. You and your client are already familiar with the contents of that defence and witness evidence, given that you acted and it is the same Claimant.

    In the circumstances, the Claimant is invited to withdraw his claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 7 days from the date of this letter.

    The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

    If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27
    Last edited by claxtome; 02-10-2017 at 1:17 PM. Reason: formatting
    • Johnersh
    • By Johnersh 2nd Oct 17, 2:03 PM
    • 744 Posts
    • 1,380 Thanks
    Johnersh
    Just post it. If Kezza15 is super busy follow the LoC123 approach outlined above, to exhibit the statement (if you can get it) to a further statement from you. It has all the merits of not, in fact, being "new" evidence at all.

    Nothing should however delay your drop hands offer.
    • Jay boydzy
    • By Jay boydzy 2nd Oct 17, 2:56 PM
    • 2 Posts
    • 0 Thanks
    Jay boydzy
    Sos! Could someone please advise.
    I was issued a parking charge notice dated the 27th of September from parking eye, but the offence took place on the 6th of may. Do they really have the right to delay such a penalty?
    Jay ��
    • DoaM
    • By DoaM 2nd Oct 17, 2:58 PM
    • 3,582 Posts
    • 3,625 Thanks
    DoaM
    Please start your own new thread ... your case is entirely unrelated to this thread. As such you will not get help on this thread.

    One case - one thread ... that's how we work here, to avoid confusion.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 3:14 PM
    • 51,766 Posts
    • 65,409 Thanks
    Coupon-mad
    My final version of 'drop hands' offer is now worded as follows, any comments before I send it this afternoon around 4pm?

    Without prejudice save as to costs
    To whom it may concern

    I am writing in regards to Claim Number XXXXXX which goes to court on Thursday XXXX October.

    I am aware that your client lost a claim in respect of the exact same car park, in the same court, last week on [date], and that the successful Defendant relied on all the same facts as me (inadequate signage, no barrier/demarcation between the two parts of the car park) – Claim number XXXX”

    I put you on notice that I will rely on that case in support of my defence and I will be relying on the defence and witness evidence produced by the Defendant in that case. You and your client are already familiar with the contents of that defence and witness evidence, given that you acted and it is the same Claimant.

    In the circumstances, the Claimant is invited to withdraw his claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 7 days from the date of this letter.

    The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

    If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27
    Originally posted by claxtome
    Just get that posted/emailed first!

    Then the WS from Kezza follows, like a nail to the coffin...
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • claxtome
    • By claxtome 2nd Oct 17, 8:31 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    Drop Hands offer sent via email to administration email address at gladstones (administration@gladstonesolicitors.co.uk).
    (I didn't use enquiries@gladstonesolicitors.co.uk but upon reflection could have done).
    Is there another email address at gladstones I should send it to?
    Last edited by claxtome; 06-10-2017 at 7:51 AM.
    • Loadsofchildren123
    • By Loadsofchildren123 4th Oct 17, 2:55 PM
    • 1,756 Posts
    • 2,870 Thanks
    Loadsofchildren123
    I had emails from them from this address


    litigation@gladstonessolicitors.co.uk
    • claxtome
    • By claxtome 4th Oct 17, 4:42 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    Thank you LoC will forward to that email address and will include both when emailing them in future.

    I filed Kezza15's new witness statement by post (and the WS she used in her case) as evidence in my case to the court today.

    Also posted the same 'drop hands' offer to Claimant's solicitor incase they didn't receive email as suggested by CM. (just cost first class stamp)

    Going to 'serve' tonight, send via email, to Claimant's solicitor the same Kezza15's new witness statement (and the WS she used in her case) I filed with the court today. I will include the FOI request/reply that I only got back after I sent my original WS. Will include a further 'suggestion' to dismiss claim.
    Last edited by claxtome; 04-10-2017 at 5:04 PM.
    • claxtome
    • By claxtome 4th Oct 17, 5:10 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    A quick question to forum if I may.
    Can I use MCOL system to see what the current state of my court case is?
    • Loadsofchildren123
    • By Loadsofchildren123 4th Oct 17, 6:23 PM
    • 1,756 Posts
    • 2,870 Thanks
    Loadsofchildren123
    Wouldn’t have thought you can once it’s been transferred to your local court.
    • claxtome
    • By claxtome 4th Oct 17, 6:42 PM
    • 336 Posts
    • 337 Thanks
    claxtome
    So how do you know / how can you tell the current state of a court case?
    (Do you have to phone up)
    How do you find out if a case is being discontinued ?
    • Lamilad
    • By Lamilad 4th Oct 17, 7:00 PM
    • 1,198 Posts
    • 2,376 Thanks
    Lamilad
    How do you find out if a case is being discontinued ?
    Originally posted by claxtome
    LoC is correct, MCOL has no further connection with your case once it is allocated. The only way you know if it has been discontinued is if the NoD arrives in the post

    how can you tell the current state of a court case?
    (Do you have to phone up)
    Originally posted by claxtome
    You will always know the status of your case as, if anything changes you be notified. You can ring the court to discuss you case but only the allocated court - not CCBC or MCOL.

    However you'll be surprised by how little they can tell you
    • Loadsofchildren123
    • By Loadsofchildren123 5th Oct 17, 9:03 AM
    • 1,756 Posts
    • 2,870 Thanks
    Loadsofchildren123
    some people phone up and ask if the hearing fee's been paid - when were they supposed to pay yours by?
    If they haven't paid, the court should technically issue an order that the claim be struck out, but often they don't realise the fee hasn't been paid (until you make that call). Often they pay the fee late and get away with it.


    It's worth phoning the court to ask if the fee's been paid and if it hasn't ask for the claim to be struck out (the directions order usually sys fee to be paid by x date and if not paid claim to be struck out).


    The status of your case is "live" and going ahead until you are notified otherwise.
    • claxtome
    • By claxtome 5th Oct 17, 10:05 AM
    • 336 Posts
    • 337 Thanks
    claxtome
    I am sure it was mentioned on the second page about paying costs by a certain date. Checked - it was mid September so will phone up tomorrow to check they paid it.
    Thanks for the heads up.
    Last edited by claxtome; 05-10-2017 at 5:57 PM.
    • claxtome
    • By claxtome 6th Oct 17, 10:02 AM
    • 336 Posts
    • 337 Thanks
    claxtome
    Phoned court today.
    Yes they have paid the court fee and case is still currently going ahead.
    Last edited by claxtome; 06-10-2017 at 10:19 AM.
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