Proceedings issued, NTK invalid, Gladstones/Millennium refusing to respond

Kind_Of_Irritated

The BBC Wales X-Ray programme re a certain PPC (Millennium Events) is on at 19:30 - just over half an hour from now.

Rachel Treadaway-Williams visits a new housing estate in Swansea where a private parking company has dished out dozens of tickets to unhappy residents for parking outside their own homes.

Loadsofchildren123

I went to Copper Quarter today. Every single sign is gone. I did report them for not having planning but I suspect it's because they got chucked off the site.

Umkomaas

Instead of sitting in court today, I went and had my nails done and out to lunch.

Do you know what LoC - I've assumed all along that you were male. Not that some males don't have their nails done, but not that many Swansea Jacks! :rotfl:

And most newbies assume that CM is a male too - stereotypical assumptions writ large, how wrong can one be?

Loadsofchildren123

Umkomaas, I talk too much to be a man

Coupon-mad

Me too...

JackBasta

Crazy to go through all that work and not get your day in court. Still, well done LoC. Amazing work.

Just wondering whether I should've put something in my WS about a possible DPA breach. After all, in my case POFA didn't even exist at the time. From what you've said, it's possibly that bit that frightened them off?

Loadsofchildren123

They were clearly concerned by the counterclaim, which hadn't actually been made (but reference had been made to a DPA breach and the Defendant had reserved his position on making a counterclaim).


I think they were put off for various reasons:
- the data protection issue
- the paperwork was quite lengthy and their advocate would probably have wanted to charge more than the norm.
- the planning permission point re the signage - they could see I meant business (and I did make a complaint to the council)
- my MPS/MDES point - they wouldn't want to lose on that because it would make all their tickets potentially unenforceable if a judge held that the contracting party was MPS and not MDES (MPS is not a legal entity and would have no right to sue).
- the contractual point, that they were only authorised by the contract with the landowner to ticket vehicles reported to them by the landowner - if this wording is in their contacts for other sites it rather stuffs them because it means they're only entitled to ticket vehicles that are reported to them and I doubt any such reports are made.
- I kept asking them who their representative was going to be at the hearing, so perhaps they could see a rights of audience fight coming their way and they could see the Defendant was well-prepared and well-informed.
- throughout I was quoting the rules and their refusal to follow them. In relation to the pre-action breaches, I also quoted case law which I've never seen anyone else quoting (I think other posters fighting charges should be quoting the same, we should be making much more of the pre-action breaches and if the court is given clear case law that says offenders should be punished then District Judges will find it hard to ignore - without case law they won't do anything).
- I think I'd put together quite a convincing costs argument under R27.14(2)(g)


I just think they thought all in all this case was trouble.

Loadsofchildren123

I said I'd post my final Skeleton.


Parts of this won't apply to others, but a lot of it will. I am going to scan and post in my dropbox the consumer law and the planning law for others who might find it useful. Also my precedents to save others searching for those. I found all of them online. I couldn't find the Ebbw Vale case, but found another which quoted from it which was the next best thing.


The costs argument at the end is a useful precedent for anyone as well.


I'd done a document setting out all CoP breaches and all POFA breaches and the links to those are below as well.


https://www.dropbox.com/s/xsm0514z54762wm/SKELETON%20final%20anon.docx?dl=0


https://www.dropbox.com/s/244fnwb9pzr7xoa/BREACHES%20OF%20THE%20BPA%20CODE%20OF%20PRACTICE.docx?dl=0


https://www.dropbox.com/s/k5djmx5o1et4xc3/POFA%20REBUTTAL.docx?dl=0

Coupon-mad

Great stuff - you are an asset to this forum!

Loadsofchildren123

Jackbasta please note the summary of planning law in my Skeleton is English. Welsh is the same endcresult but different regulations. If you want to rely on it (or anyone else) I will change that part of it for you.