Going to Court

Marktheshark

Add mitigation of loss, if you were seen to leave the car park, why did they not advise you it would cause them a loss equivalent to the parking charge and thus mitigate the loss.
Instead they waited whilst you were eating inside the pub and ran out with a ticket.
Where a loss can be mitigated but was neglected from mitigation is also a very strong point.
You will need No Locus standi, entity bringing claim has no proprietary interest in the land so can not seek damages for trespass.

ask who is at court and ask the judge to verify in what capacity they are conducting legal proceedings and on behalf of who under the legal services act.
If they do not send a solicitor the judge has to ask is "everyone happy to proceed" you can object as the representative has no right of audience under legal services act unless they are a solicitor at very least.

If they do pay for a brief, ask who has employed them, who is the client paying them, is it the claimant, is the claimant the land owner.
Ask the judge to establish right of Locus Standi of the person bringing the claim.

You can get a fair few slung out before they open their folders with a few awkward questions.

HO87

I'm guessing that the original ticket came from the Cubbin/Hotchkiss stable - CPMS? They have been barrel-scraping and "selling" outstanding debts to MIL. MIL's approach to court fails to follow the Practice Direction on pre-action protocols.

I suggest that you do not file a defence in any detail at this stage and that you simply go online (long on details shown on the front of the Particulars of Claim although you will need to create a Government Gateway ID first) and select the Acknowledge Service option only. Once that is done you have a total of 28 days in which to file your defence. When it comes to that I suggest that a holding defence only is filed - we have no idea what MIL are claiming in any detail at the moment.

PM me for further guidance.

The_Deep

Not worried about tripadvisor, that's not important to me.


It may well be if others have been similarly treated.

Colincbayley

HO87 wrote: »

I'm guessing that the original ticket came from the Cubbin/Hotchkiss stable - CPMS? They have been barrel-scraping and "selling" outstanding debts to MIL. MIL's approach to court fails to follow the Practice Direction on pre-action protocols.

I suggest that you do not file a defence in any detail at this stage and that you simply go online (long on details shown on the front of the Particulars of Claim although you will need to create a Government Gateway ID first) and select the Acknowledge Service option only. Once that is done you have a total of 28 days in which to file your defence. When it comes to that I suggest that a holding defence only is filed - we have no idea what MIL are claiming in any detail at the moment.

PM me for further guidance.

Yes it was CPMS, I remember that now.
I have already just filed the defence, pretty much as I have said in my original post. I will also obtain the witness statements and have asked one of my office staff to pop down and take photos of any parking signs.


Guess I now await a court date!

ManxRed

You've filed the defence, or acknowledged the claim???

Colincbayley

ManxRed wrote: »

You've filed the defence, or acknowledged the claim???

Defence.


Just told them the truth of what happened.

ManxRed

Stating what happened is merely a Statement of Truth.

Your defence needs to rubbish their claim and demonstrate why it's nonsense, and needs to contain stuff like:

1. Failure to mitigate loss.
2. The fact that CPMS didn't legally exist at the time of the incident, so weren't party to any implied debt that MIL might have bought.
3. Denial that any debt even exists
4. The debt was not properly assigned as you did not receive any notice of assignment in accordance with the Law of Property Act 1925 S.136
5. Has not received a proper Letter Before Claim, or access to any ADR prior to a court claim being issued

And much more, the above is just an example, and needs verifying subject to the facts of your particular case.

Does anyone know if the OP can amend the defence after it's been submitted?

Had you submitted it prior to posting this thread?

Half_way

In addition to the advice above you could try this....
While it may seem like !!!!ing in the wind, you could try the pub/landlord again.
They can call off their agents at any time upto the day of the court hearing.
If they refuse then you could have him/her/them joined to you court case, and (jointly ) liable for your costs, even more so if you can claim that the PPC/landlord has acted unreasonably in bringing/allowing this to proceed to court.
It may also be worth pointing out to the landlord all the facts as detailed above ( failure to mitigate loss etc) and handing him/hew a copy of this http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

if this doenst work then try the ibotoson case here
https://www.google.co.uk/search?q=Wicks%2Bparking~%2Bmiss+coastes%2Btoothbrush&ie=utf-8&oe=utf-8&gws_rd=cr&ei=Lk3wVc2xDIv9UqnGkzg
Ibotson vs VCS (AKA don't forget your toothbrush)

Colincbayley

Little bit more info now I am back from Holiday.


The date of the PCN was 5.8.13 and was issued by a company called Combined Parking Solutions ( Ltd )




I took the advise posted on here and left a report on Trip Advisor, the landlord of the Pub/Hotel has now contacted me and I will be meeting up with them Wednesday.

DandelionPatrol

Colincbayley wrote: »

Little bit more info now I am back from Holiday.


The date of the PCN was 5.8.13 and was issued by a company called Combined Parking Solutions ( Ltd )




I took the advise posted on here and left a report on Trip Advisor, the landlord of the Pub/Hotel has now contacted me and I will be meeting up with them Wednesday.

Play it cool. Turn up a bit late. Go to the cash point first. See if he sticks another ticket on you [entrapment].