Parking eye. County Court Claim

Coupon-mad

Game on!

gertysingh

Gurty - just in case the judge decides he/she wants to hear the case, you might want to do some prep so that you are not doing a panic when letters arrive requesting you do stuff!

1. Have a schedule of costs ready (loss of earnings, travel costs) for when you win (can be used in your claim)
2. Get yrself a lever arch folder and start to look at collating a bundle of documents that you might want to bring to court, that is this would consist of anything that you want to use in court such as:
- POFA
- Beavis case
- Photograph of Signage
- The Department of Transport Act

(you can also use all of these in your Popla appeal if that is where it went to)

3. And whilst you're at preparation stage - read up on Contract Law and Parking Prankster's guide. He has cited court cases on his site http://www.parking-prankster.com/court-claim.html

Gurty

Thanks again.
Have purchased parking prankster's guide already and in process of reading through it.
I will get that evidence pack on the go now.
Do I need a copy of all example case's stated in defence?

gertysingh

Yes - everything that you will be throwing at PE must be included in your evidence pack. The judge will read the case from both sides beforehand and might make a decision based on the evidence pack.....that is before you've set foot inside the small claims room (it's like a class room setting). So it is important that the evidence pack is as robust as possible.

Will be interesting to see PE's reply to defence.

Gurty

I have just received a notice of proposed allocation to the small claims track. But I have not had any actual response from PE to my defence.
should I just wait for PE to reply before I respond to the notice? or respond to the notice regardless?

gertysingh

PE do not have to reply to your defence. However PE can still provide a "reply to defence" (RTD) when they respond to the directions questionaire. They must also send you a copy if they do file a RTD.

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.

So you could wait a little to see what happens. Just make sure you return your directions questionaire to ensure the court is moved to your local court.

Have you also figured out your counter claim?

Coupon-mad

Gurty wrote: »

I have just received a notice of proposed allocation to the small claims track. But I have not had any actual response from PE to my defence.
should I just wait for PE to reply before I respond to the notice? or respond to the notice regardless?

What to do and when is already covered in the Newbies thread here:

http://forums.moneysavingexpert.com/showpost.php?p=64350600&postcount=5

If the court says jump, you jump.

Gurty

it is a pretty bulky reply to defence from them.
Don't really know if my defence is strong enough to win.
Not to positive at this stage.

gertysingh

It is probably both their reply to defence and their evidence pack. You need to go thru it and create you own evidence pack. You can add to theirs and rebut all their half or no truths. Plus have you followed up on post #11 of your thread?

Parking-Prankster

Gurty wrote: »

it is a pretty bulky reply to defence from them.
Don't really know if my defence is strong enough to win.
Not to positive at this stage.

I got one today too. 107 pages of guff.


The first few pages are a standard template. However, they are all wrong because most points don't apply to the specific situation I am dealing with. And they forget to mention Beavis is being appealed. And they incorrectly apply PE v Somerfield.


Then comes a specific reply to the defence points. These contain some outright provable lies.


Then comes a copy of correspondence. Strangely, crucial items seem to be missing.


Then comes copies of PE v Beavis and PE v Somerfield (strangely missing out the bit that said PE were liars)


Then comes copies of the contract with the landowner. Luckily for me they forgot to redact the bits they usually try to hide. (Actually they did redact these bits, but forgot to redact other references which makes it plain what is happening)


Then comes copies of the signage plan. Although they make the bold statement that signage is 'adequately visible', the plan strangely shows a dearth of actual signage, and a Prankster site visit confirms this.


They bravely assert that the signage conforms with BPA requirements, even though it doesn't, and even though all this really means is that the signs are 'quite big'.


In all then, you should not be intimidated by the size of their package. It's not how big it is. It's what you do with it that counts.


Read through it, find the inconsistencies, then get ready to create your witness statement and skeleton argument.