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Help with PE County Court Claim Form

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  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I have sent a request to crabman. My case is a typical overstay. Defence submitted using well rehearsed arguments. I have googled Directions Hearing to try to understand what its all about. Does the PPN pay to have this hearing and what is overall impact of these costs on the claim as a whole. If I win, am I able to add this hearing towards costs etc.
    Do I need to take my defence bundle with me - and what should this include? Thanks.

    Include the PE letter I referred to above. This could help many other people if the judge accepts the point.

    Your bundle should include all correspondence and your skeleton defence which will major on appeal points recommended on here.
  • Guys_Dad wrote: »
    Following on from Daisy.'s post, I didn't think to look at other threads.

    Can I suggest you take a copy of the letter linked here https://forums.moneysavingexpert.com/discussion/comment/63687448#Comment_63687448 on post #52.

    In court judges don't always accept GPEOL. However if you take a copy of a PE letter where they actually specify their costs as £53 then this could blow a hole in their claim that £100 is a genuine pre estimate.

    Dont let them argue that the £100 is a contractual amount though.

    I have read Jean Raffio's post and his link at http://imgur.com/a/vzLDq.

    What I now need are strong rebuttals to PE's arguments. Is there a sticky or link where I can counter argue each and every point of theirs. Plus I need details of Judgements/cases PE have lost to counter the string of judgements they allege to have won.

    This is crunch time and I need all the help I can get. If you wish please PM me. This is my preferred option as I do not want to alert PE of my arguments.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ... In my defence I quoted lots of courts cases/judgements, do I need the transcripts for these as well. I will need to prepare a court bundle, so any help in what is required for that would be helpful.

    No you don't need a court bundle with transcripts. This is not the hearing of the claim, so any arguments about GPEOL etc won't be aired at this hearing.

    It's simply a procedural step for the Judge to give notice to everybody to serve the correct documents in time for the main hearing, which will be a few weeks 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.
  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I have sent a request to crabman.

    I've merged your threads together, thanks for letting me know :)
  • Thanks to crabman for merging my threads,
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Do they, by any chance, include a witness statement like this https://forums.moneysavingexpert.com/discussion/4688485 Post #39?

    If so, please indicate the name of the person who signed it and get in touch with the Parking Prankster who has a current thread on page 1 or 2 as he may be able to help further. See his blogspot too http://parking-prankster.blogspot.co.uk/

    You will need to challenge the validity of the witness statement if they have included it. There is absolutely no proof that this person works for the landowner, that they have ever seen the contract in question or even understand it. Demand that a copy of the relevant paragraphs of the contract are made available to the court.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    As someone else has said, a Directions hearing is simply an interlocutory hearing (ie a short hearing during the run up to the full hearing that deals with one point only). In the case of the Directions hearing, it is to deal with procedural issues -how many witnesses, any dates when the parties are unavailable for the full hearing, exchange of witness statements, documents, etc, so everyone comes to the full hearing properly prepared (well that's the theory anyway).

    More interestingly though, this hardly ever happens at small claims court -usually the court just sends out a standard notice by post stating what the parties must do and when.

    Which court is this, please?
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Coupon-mad
    Coupon-mad Posts: 151,849 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 November 2013 at 8:12PM
    Presumably you've still been on the forum here regularly, following the recent PE losses in court and the withdrawn case with the irregularities...shown here among all the small claims wins I could think of and keep up to date here, which is linked to the 'Welcome' sticky thread:

    http://forums.moneysavingexpert.com/showpost.php?p=62971894&postcount=65

    I would be sending a letter to Rachel Ledson to rattle PE's cage that you know about all these recent cases and will cite them and will require the actual contract, which you believe actually states PE's takings from the contract as 'revenue' (just as was the basis of the cause of action in the ParkingEye v Somerfield case...they sued for lost 'revenue' in free Supermarket car parks...).

    By the way when it comes to your actual hearing (if it takes place and PE don't drop the case earlier) that's when you need everything to hand in an alphabetical/organised folder so you can whip out evidence if the judge asks about an aspect of your defence.

    Be word-perfect familiar with it all at hearing stage and don't be waylaid in the court corridor by PE's hired hand law graduate (fresh off the train where he's been reading the paperwork for the first time) trying to convince you to fold/pay something, or trying to serve late evidence at you (refuse and object to the judge).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    ^^^^^^^ +1 ^^^^^^^
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Coupon-mad wrote: »
    ... Be word-perfect familiar with it all at hearing stage and don't be waylaid in the court corridor by PE's hired hand barrister (fresh off the train where he's been reading the paperwork for the first time) trying to convince you to fold/pay something, or trying to serve late evidence at you (refuse and object to the judge).
    Back to pedantic mode - they don't send a barrister, you wouldn't get one of those for the £200-£300 that LPC Law charge, you'd be looking at adding an extra zero.

    They will send a not very experienced solicitor, and if you've done your homework properly you should be able to run rings round them.

    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.
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