Court Claim Form - Advice on how best to proceed - interesting situation!

Loadsofchildren123

I’ll have a look at this for you on Monday

Loadsofchildren123

at d and e at the end of the counterclaim you've asked for an injunction and you've asked for such other relief as the court considers appropriate.


So at a push you could say that e includes a declaration that any other tickets issued to you in the space are unenforceable (and they are further trespasses so you could theoretically increase the damages - however I think £750 was quite high for trespass). You haven't specifically asked for damages in respect of the harassment, but you could say that this is included in the global £750 sought in respect of the Data Protection breach I suppose.


I think now that it's been transferred you must write to the court to point out that no order has been made on your part 20 application, for which you paid a fee and asking them to make an order about this urgently (which may necessitate the February hearing being changed). In the meantime, write to the MC and put them on notice of the omission and send them a copy of your letter to the court (presumably you have already made them aware and they have already seen all the documents?), and tell the court you've sent them a copy of your letter.


If you haven't already made the MC aware, you'd better tell the court that other than a letter before claim, the MC isn't aware that you've applied to make it a party, you were waiting for the court to join it and then serve it with the claim and defence.


The hearing in Feb can't go ahead without the MC being joined, pursuant to your application.


When you do your WS, put in there about the new tickets, and exhibit the letter you hopefully wrote as I advised in post #67 and say you've had no response. Say that you want the court to make a declaration that no further tickets, including these and any future tickets, are enforceable against you in respect of your use of your space. Your WS will also need to give chapter and verse about your parking rights and the fact that they agreed not to apply any of their parking terms to your space.

Loadsofchildren123

You should use the new tickets to back up your trespass claim of £750 - say you are seeking aggravated damages because in spite of being on notice of the trespass claim, and in spite of having agreed not to apply their regulations to your space, they are continuing to ignore both and to continue with their acts of trespass.

Acidmonkey

Loadsofchildren123 wrote: »

at d and e at the end of the counterclaim you've asked for an injunction and you've asked for such other relief as the court considers appropriate.


So at a push you could say that e includes a declaration that any other tickets issued to you in the space are unenforceable (and they are further trespasses so you could theoretically increase the damages - however I think £750 was quite high for trespass). You haven't specifically asked for damages in respect of the harassment, but you could say that this is included in the global £750 sought in respect of the Data Protection breach I suppose.


I think now that it's been transferred you must write to the court to point out that no order has been made on your part 20 application, for which you paid a fee and asking them to make an order about this urgently (which may necessitate the February hearing being changed). In the meantime, write to the MC and put them on notice of the omission and send them a copy of your letter to the court (presumably you have already made them aware and they have already seen all the documents?), and tell the court you've sent them a copy of your letter.


If you haven't already made the MC aware, you'd better tell the court that other than a letter before claim, the MC isn't aware that you've applied to make it a party, you were waiting for the court to join it and then serve it with the claim and defence.


The hearing in Feb can't go ahead without the MC being joined, pursuant to your application.


When you do your WS, put in there about the new tickets, and exhibit the letter you hopefully wrote as I advised in post #67 and say you've had no response. Say that you want the court to make a declaration that no further tickets, including these and any future tickets, are enforceable against you in respect of your use of your space. Your WS will also need to give chapter and verse about your parking rights and the fact that they agreed not to apply any of their parking terms to your space.

The MC were sent an LBC on 27th February 2017. Gladstones/UKCPM were written to on 22/12/17 letting them know that I will be looking to apply for a declaration / seek aggravated damages unless all PCN's are withdrawn, as per your advice in post #67.

Should I write to the MC, and let them know that they have been added as a second defendant, however due to a clerical error they have not been included? Should the court be doing this? I've not yet sent any of the parties my evidence/WS pack - but I need to get this all together by the 16th.

Really appreciate your advice here - would you happen to know someone in the legal field who will be willing to take this case on, of course at a cost? It's getting a little much to manage! Please PM if you are able to refer.

Newborn arrival has seriously limited my time in dealing with this!

Thanks!

Loadsofchildren123

You need to persuade the court to deal with it. If there is no order joining the MC the court has to issue one and serve the claim on them.

Try emailing BMPA to see if someone might help you.

Fergie76

Has this been settled yet? What happened? It's like reading a book and then realising the last chapter has been torn out.

Quentin

Don't be too disappointed


That's how the majority of threads end here!


If you want to see a denoument best to look at the last page of any thread you are interested in to see if the OP bothered to write one!

Acidmonkey

Quentin wrote: »

Don't be too disappointed


That's how the majority of threads end here!


If you want to see a denoument best to look at the last page of any thread you are interested in to see if the OP bothered to write one!

Fergie76 wrote: »

Has this been settled yet? What happened? It's like reading a book and then realising the last chapter has been torn out.

To cut a long story short, the court threw out Gladstones case, but also my counterclaim due to a technicality in the way the counterclaim and part 20 forms were (or not) submitted.

Hasn't stopped Gladstones writing to me for subsequent tickets....

safarmuk

To cut a long story short, the court threw out Gladstones case, but also my counterclaim due to a technicality in the way the counterclaim and part 20 forms were (or not) submitted.

That is a shame, following your thread since the beginning, I had hoped you would get to land a heavy blow on the PPC and MA ... what was the technicality you fell foul of? As a LiP I would have thought you might get some leeway, it seems Gladstones are given it often enough.

Acidmonkey

I had hoped so too, however the part 20 paperwork to include the Managing agent was not completed correctly (there was a form/questionnaire that had to be returned to the court that I was not aware of)

The technicality was that I was bringing a counterclaim for trespass, distress etc when my partner is the only person whose name is on the lease. Therefore a third party cannot bring a claim for trespass.

There'll be a round two though They keep ticketing, and it won't be long before we end up in court again - however this time I'll be more prepared - I didn't really want to drag the wife into this!

I had excellent help from Bargepole who was also with me at court. I can give you the case ID via PM if you're interested.