Are the number of court cases tailing off?

Loadsofchildren123

And my understanding is there are a further 200 or so PCNs in respect of which they are waiting to issue proceedings.

Umkomaas

07/07/17

31/5

Looks like India Beavan will be spending her day at Swanse CC - 5 cases today. Hasn't she any work to do?

Loadsofchildren123

I know about 2 of these, which are both tenant cases. Both were adjourned at the last hearings:


1. so that the original lease could be produced - the C had produced a "sample lease" which the tenant said was not the same as the landlord's lease she'd seen. DJ Evans adjourned for the right lease to be produced - he also lambasted the Defendant saying that a clause in the sample lease basically allowed the freeholder to introduce any new rules and regulations it saw fit (which is plain wrong) - and in another case where he found for the C (and D was considering an appeal - the thread was on pepipoo) he proceeded to complain that his daughter had lived at Copper Quarter and had terrible difficulties with her parking and parking controls were clearly needed.


2. So that more evidence could be produced about Millennium's authority under the landowner contract (and possibly also further evidence re the lease) - he gave his preliminary view as being that the part of the landowner contract which says that Millennium may only ticket cars on days agreed between the parties and even then only cars reported as unauthorised basically meant nothing and that Millennium had clearly been given carte blanche to ticket every day and any car - and he said this with no evidence before him at all.


DJ Bingo at its worst.


Since then a different DJ has found in favour of a leaseholder, but I'm not sure how much attention today's DJ will pay to that.


On case number 2 the delightful new piece of evidence about landowner authority is that all they can produce is the freeholder saying that residents wanted ticketing only on match days (the development is near the football stadium) and the parking company responded that they wanted to ticket 365 days a year. They cannot produce any agreement to that effect. And the even more delightful new piece of evidence that the D has obtained is that her part of Copper Quarter was not even owned by the "landowner" who entered into the parking contract, either at the date of the contract or the date of the PCN. So her part of the development CANNOT have formed part of the contract (the contract says it has a plan/map attached defining the land but of course this has never been produced).


So case number 2 should be a slam dunk today.


Interestingly, yesterday Millennium served a Notice of Acting in Person. Since they do all their own court work and only use Gladstones to produce those appalling Claim Forms I wonder if they have just decided to ditch Gladstones altogether.

Umkomaas

Interestingly, yesterday Millennium served a Notice of Acting in Person. Since they do all their own court work and only use Gladstones to produce those appalling Claim Forms I wonder if they have just decided to ditch Gladstones altogether.

India must be getting confident! Mind you, she's spending so much time at the CC, she'll be well on her way to becoming a top lawyer!

India Beavan QC has a bit of a 'ring' to it.

bargepole

The five Millennium cases in Swansea today are in a back to back block listing, to be heard by either DJ Taylor, or DDJ Osborne.

Not sure whether that's good or bad.

Loadsofchildren123

No idea about Osborne.


Taylor: a mixed bag -
- she found in the case of another forum user that as the tenancy agreement contained no reference to parking then the rights under the lease had not been passed by landlord to tenant - not a Copper Quarter case.
- helpfully when it came to the small vague wording about "additional charges" for non payment, she found that these are contained in the non-discounted element of the charge that gets added back in (so £100 ticket, £60 discounted rate, back to £100 if not paid - the extra £40 IS the extra charge).
- in another case I had before her (not parking related) and where the pleadings were completely rubbish she just said "oh well, we see lots of bad pleadings here, I'm sure the Claimant will correct that in her WS"... Really she should have shot a rocket up the Claimant's backside (and if she had the case, which it transpired in the WS ad oral evidence was embarrassingly hopeless, would never have gone all the way to a 4-day trial, costing each party in excess of £30k )

Loadsofchildren123

For the record, Osborne seemed reasonable.
In spite of previous adjournments by other DJs and other "opinions" expressed by them, he went back to the start and made findings that there was no chain showing landowner authority. This is Copper Quarter in Swansea so helpful to many other owner/tenant victims there.

hoohoo

Loadsofchildren123 wrote: »

And my understanding is there are a further 200 or so PCNs in respect of which they are waiting to issue proceedings.

I heard 100,000.

No doubt we will know the true figure after the hearing.

Coupon-mad

hoohoo wrote: »

I heard 100,000.

I heard differently! 100,000 wasn't correct, I understand.

Don't believe everything you are told, hoohoo...take it ALL with a pinch of salt, in fact a huge pile of it, and then some.

Umkomaas

10/07/17

1/0

Wow - just one single case today:

Eastbourne - Civil Enforcement Ltd. No doubt a default case.