CCJ and my Credit Score- All correspondence sent to address from 2013

zebrarose

zebrarose wrote: »

Do I submit the photos and video with the WS? What is an acceptable form of video I.e cd, USB or on your phone at the hearing?

zebrarose wrote: »

Could anyone please proof read the WS?

DoaM wrote: »

The skeleton is submitted ideally a few days before the hearing, but you can sometimes get away with just taking it on the day.

The point of the skeleton is to give a "Noddy's Guide" through your own Defence and Witness Statement.

What needs to be submitted when is covered in the Court section of the NEWBIES FAQ - post #2. Surely you've bookmarked the NEWBIES FAQ for ready-reference?

Thank you for your message... I cannot for the life of me find that info on the Newbies sticky about what needs to go with the witness statement and what doesn't. I have honestly been reading everything and anything for this for the past ages and am overwhelmed with information and a million tabs open everyday
;(

Molts

http://forums.moneysavingexpert.com/showthread.php?p=72244727#post72244727
http://forums.moneysavingexpert.com/showthread.php?t=5546325
http://forums.moneysavingexpert.com/showthread.php?p=71228944#post71228944

I'll probably get told off for this but all the above should prove useful and all readily available on Newbies sticky - which can be found here along with a plethora of other useful information...

http://forums.moneysavingexpert.com/showthread.php?t=4816822#2

A simple search such as "gladstones witness statement" should bring up a number of examples you can use to base your WS on. Choose a recent one - last few months or so.

My advice would be to open up a new word document and copy/paste in all relevant info as you go - or at least the links to the info as you come across it - it can be impossible to relocate that golden nugget of info sometimes. You can then edit all the relevant info into your own WS.

zebrarose

Molts wrote: »

http://forums.moneysavingexpert.com/showthread.php?p=72244727#post72244727
http://forums.moneysavingexpert.com/showthread.php?t=5546325
http://forums.moneysavingexpert.com/showthread.php?p=71228944#post71228944

I'll probably get told off for this but all the above should prove useful and all readily available on Newbies sticky - which can be found here along with a plethora of other useful information...

http://forums.moneysavingexpert.com/showthread.php?t=4816822#2

A simple search such as "gladstones witness statement" should bring up a number of examples you can use to base your WS on. Choose a recent one - last few months or so.

My advice would be to open up a new word document and copy/paste in all relevant info as you go - or at least the links to the info as you come across it - it can be impossible to relocate that golden nugget of info sometimes. You can then edit all the relevant info into your own WS.

So from my understanding/research/posters:
Send the N244 with:
-Draft order
-Witness Statement (?with documents mentioned in the WS e.g. case law, tenancy agreement?)
- Schedule of costs
- PoFa schedule 4
- Part 27 of the Small Claims Track
- Annual 2015 Greenway understanding keeper liability
- Beavis case signage
- ?Case Law that is mentioned in WS?
- Copy of my Tenancy agreement
- Photographic evidence of the site and the signage
- Video evidence of the site and the signage
- Copies of each of my drivers licence's at every address I've lived at as a gesture of compliance


The court then serves the Claimant
The Claimant responds and submits a defence
The cases is assigned to my Local County Court and a date set
A directions questionnaire is filled out
My defence and skeleton along with any supporting evidence sent
Then it is the hearing
At the hearing challenge Right of Audience and submit Preliminary Matters (or is that submitted with the defence?)

This is my WS so far
https://1drv.ms/w/s!Apr4KxqM2VPBmQPbNrOIeve2fBmQ

Molts

This is my WS so far
https://1drv.ms/w/s!Apr4KxqM2VPBmQPbNrOIeve2fBmQ

Looks great to my untrained eye but wait for one of the "big guns" to come along and cast their steely eyes over it!

They will be delighted with the effort you have made with the 1st draft.

Coupon-mad

I like that details statement in support of the set aside. Much of it is legal argument but this is small claims, so anything goes and it's relevant.

Re this bit, I would add (your section is in navy, my suggested wording added under that):

Data protection

3.32. For many other reasons (set out above) the parking charge which is the subject of these proceedings is invalid. The Claimant therefore had no right to request the keeper’s details from the DVLA and to use them, and has breached the Defendant’s rights under the Data Protection Act by doing both. Vidal-Hall v Google Inc [2014] EWHC 13 (QB) is authority that misuse of personal data is a tort. Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 is authority that a reasonable sum of compensation would be £750.

The Defendant reserves his rights in respect of these matters.


Counterclaim

If the Court does not use its discretion to immediately award the £175 and £255 that I am already out of pocket by, due to this serial litigant's vexatious and unreasonable conduct, I put the court on notice that my defence will include a counter-claim.

I will be claiming for those sums (£175 and £255) and my wasted costs/loss of leave in attending hearings, as well as a sum reflecting a breach of the Data Protection Act. Significant distress has been caused as a direct result of this unwarranted data processing, as well as loss of time and costs for defending and applying for a set aside, in this matter.

By pursuing the Defendant for monies which it was not entitled to recover, the Claimant has unlawfully infringed the Defendant's right to privacy and has misused the Defendant's private information. There was no 'reasonable cause' to obtain and process my data, as required by the DVLA. The claimant is undoubtedly a 'data controller' in this matter which will be set out in detail in my counter-claim.

The Claimant is a member of the Trade Body known as the British Parking Association. In accordance with the Code of Practice as laid down by the BPA (such rules being held by the Supreme Court Judges in ParkingEye Ltd v Beavis [2015] UKSC 67 as 'effectively regulatory') a parking operator ''shall comply'' with the statutory provisions of the DPA 1998. In this case, the Claimant has failed to comply with that statute, and is therefore operating in breach of the BPA Code of Practice.

In consequence of the processing the Claimant has suffered damage and distress. Pursuant to s13 of the DPA, “Compensation for failure to comply with certain requirements”, the Act states at 13(1) that “An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage”.

I will set out my counter-claim in more detail once the CCJ is set aside, if the sums of £175 and £255 are not immediately ordered (using the court's discretion for punitive costs) to be paid by this claimant. I therefore ask for the Judge's Directions regarding filing my counter claim.

zebrarose

Coupon-mad wrote: »

I like that details statement in support of the set aside. Much of it is legal argument but this is small claims, so anything goes and it's relevant.

Re this bit, I would add (your section is in navy, my suggested wording added under that):

Thank you for that awesome knock out ending to the witness statement Coupon-Mad!


I am going to compile all of the documents I have (as mentioned above), put in a ring binder with an index and drop it in to the court this week. I will also email Gladstones and send a hard copy with proof of postage. Then cross my fingers and hope for the best!


Shout out to:
Coupon-Mad
Lordgreenelf
Loadsofchildren
keepswimming
Newbies Sticky
and every poster I have poached information from and every poster who have posted on my thread


For anybody that needs assistance, these links are very helpful:

http://forums.moneysavingexpert.com/showthread.php?t=5576099&page=7#topofpage


https://www.dropbox.com/sh/s9opthnsea00k6r/AAAgECQ5LVJhwKsTfRAzMKhGa?dl=0


One last question.... Do Gladstones really need me to send them the hard copies of the case law and should i include a copy of the PCN?

DoaM

zebrarose wrote: »

http://forums.moneysavingexpert.com/showthread.php?t=5576099&page=7#topofpage

Which post number does this direct to? (I have my forum view set to 40 posts per page rather than 20, so I only see 4 pages in that thread not 7).

Fruitcake

From memory, the latest version of the IPC CoP now makes mention that scammers must check the current address for court claims is correct if the alleged event occurred more than 12 months before the date of issue of the claim.
Consequently the IPC has obviously realised there is a problem with claims being made for "old" alleged parking events where parking scammers were not performing due diligence.

Mrs May also promised to stamp out this very sort of behaviour from the likes of these unregulated parking companies yet it is still happening. It is obviously an industry wide problem that still needs to be addressed.

zebrarose

zebrarose wrote: »

Thank you for that awesome knock out ending to the witness statement Coupon-Mad!


I am going to compile all of the documents I have (as mentioned above), put in a ring binder with an index and drop it in to the court this week. I will also email Gladstones and send a hard copy with proof of postage. Then cross my fingers and hope for the best!


Shout out to:
Coupon-Mad
Lordgreenelf
Loadsofchildren
keepswimming
Newbies Sticky
and every poster I have poached information from and every poster who have posted on my thread


For anybody that needs assistance, these links are very helpful:

http://forums.moneysavingexpert.com/showthread.php?t=5576099&page=7#topofpage


https://www.dropbox.com/sh/s9opthnsea00k6r/AAAgECQ5LVJhwKsTfRAzMKhGa?dl=0


One last question.... Do Gladstones really need me to send them the hard copies of the case law and should i include a copy of the PCN?

DoaM wrote: »

Which post number does this direct to? (I have my forum view set to 40 posts per page rather than 20, so I only see 4 pages in that thread not 7).

Its the whole thread

zebrarose

zebrarose wrote: »

Thank you for that awesome knock out ending to the witness statement Coupon-Mad!


I am going to compile all of the documents I have (as mentioned above), put in a ring binder with an index and drop it in to the court this week. I will also email Gladstones and send a hard copy with proof of postage. Then cross my fingers and hope for the best!


Shout out to:
Coupon-Mad
Lordgreenelf
Loadsofchildren
keepswimming
Newbies Sticky
and every poster I have poached information from and every poster who have posted on my thread


For anybody that needs assistance, these links are very helpful:

http://forums.moneysavingexpert.com/showthread.php?t=5576099&page=7#topofpage


https://www.dropbox.com/sh/s9opthnsea00k6r/AAAgECQ5LVJhwKsTfRAzMKhGa?dl=0


One last question.... Do Gladstones really need me to send them the hard copies of the case law and should i include a copy of the PCN?

I think that's everything...

TAB

DOCUMENT

A
Draft Order

A

Schedule of Costs

A

Exhibit 1- Part 27 Small Claims Track- Unreasonable Behaviour

A

Witness Statement

B

Exhibit 2- Drivers Licences

C

Exhibit 3- Protection of Freedoms Act 2012– Schedule 4

D

Exhibit 4- Application for Parking Permit

D

Exhibit 5- Parking Permit Application

E

Exhibit 6- POPLA Annual Report 2015- Henry Greenslade- Understanding Keeper Liability

F

Exhibit 7- Parking Charge Notice

G

Exhibit 8- IPC Code of Practice

H

Exhibit 9- Excel v Lamoureux- Keeper Liability

H

Exhibit 10- Site Entry Point Signage

H

Exhibit 11- Areal view of site sign

H

Exhibit 12- PIC

H

Exhibit 13- PIC

H

Exhibit 14- PIC

H

Exhibit 15- PIC

H

Exhibit 16- PIC

H

Exhibit 17- PIC

H

Exhibit 18- PIC

H

Exhibit 19- PIC

H

Exhibit 20- PIC

IJ

Exhibit 21- ParkingEye Sign (re: Beavis Case)

IJ

Exhibit 22 Extract from ParkingEye v Beavis

IJ

Exhibit 23 Published Article by Mr Cutts (Plain Language Commission- ‘Phoney fines and dodgy signs take drivers for a ride’)

K

Exhibit 24- Elliot v Loake

L

Exhibit 25- Tenancy Agreement

L

Exhibit 26- Link Parking Ltd v J. Parkinson (No 3rd Party Lease Variation. Cannot amend terms of tenancy to display a permit)

L

Exhibit 27- Saeed v Plustrade Ltd (tenancy trumps signage)

L

Exhibit 28- Jopson v Homeguard (tenancy trumps signage)

L

Exhibit 29- Pace Recovery v Mr N (tenancy trumps signage)

L

Exhibit 30- Pace Recovery v Lengyel (no contract with landowner/driver. Signage creates trespass)

L

Exhibit 31- Article about Residential Parking

M

Exhibit 32- Excel v Cutts (Signage)

N

Exhibit 33- Vidal-Hall v Google (Data Protection Breach)

N

Exhibit 34- Halliday v Creation Consumer Finance Ltd (Data Protection Breach)
Exhibit 35
Exhibit 36