UKPC County Court Defence

Coupon-mad

Yes but please see what I said about your costs proof (have a wage slip or similar with you if you win, claim you lost time/leave) and what IamEmanresu told you about the issues to focus on.

He said:

Put it to the judge that he adjourn and have UKPC produce evidence that the authority UKPC have presented is genuine,

Which might be your best bet because you could then wallop in a WS and evidence in readiness for the second hearing. If the Judge feels neither party has fielded the info they should have done to win the claim either way, maybe he/she will adjourn and give you both an order to comply with.

If so, we can then help you.

bargepole

Jamran wrote: »

I've had a lot of personal issues going on and tbh completely forgot about the WS. Come last week I realised and then started researching around. I read on BMPA that for small claims it is not mandatory to present a WS 14 days prior. So that's why I didn't write one up and send it. I will take all my evidences etc tomorrow and present it to the judge. I know I this isn't ideal but considering my situation that's the best I can do tbh.

I believe your case number is D5HW20GZ, listed at 12:00pm at Clerkenwell & Shoreditch tomorrow.

There are 4 Judges sitting on the 2nd/3rd floor with back-to-back listings. As usual, they have packed the lists with more cases than they can deal with if everyone turns up - 19 cases listed for 10:00am, all either 2 hrs or 90 mins, then another 11 cases at 12:00pm.

The chances of any of the 12:00 cases starting before lunch are minuscule, and you will most likely be told to go away and come back at 2pm after lunch. As yours is the last one on the list, you'll be lucky to get in front of a Judge before 3:30pm.

There's a reason why this court is known as Clerkenhell.

Jamran

bargepole wrote: »

I believe your case number is D5HW20GZ, listed at 12:00pm at Clerkenwell & Shoreditch tomorrow.

There are 4 Judges sitting on the 2nd/3rd floor with back-to-back listings. As usual, they have packed the lists with more cases than they can deal with if everyone turns up - 19 cases listed for 10:00am, all either 2 hrs or 90 mins, then another 11 cases at 12:00pm.

The chances of any of the 12:00 cases starting before lunch are minuscule, and you will most likely be told to go away and come back at 2pm after lunch. As yours is the last one on the list, you'll be lucky to get in front of a Judge before 3:30pm.

There's a reason why this court is known as Clerkenhell.

I hope judge Desai isn't hearing my case. Went in with my uncle for a set aside for a claim from UKCPM and she basically started making her own rules up. I showed that the contract agreement was clearly with them and leaseholder and not the Landowner and she just said it's sufficient. Everything I threw at her she used Beavis case. She turned it into an actual hearing making her judgement. She even scoffed at the fact that I went online and sought help from forums.

Coupon-mad

Even more reason to press for an adjournment due to UKPC's lack of evidence, if it's her - then hope the rearranged hearing is with another Judge...

Fingers crossed you get DJ Skelly, print this out and refer to it even if you get DJ Desai:

In case number D7GF307F - UKCPM v Mr D - before Deputy District Judge Skelly on 1st February 2018 at Clerkenwell, a similar thin excuse of an argument from this same private parking firm inflicting a nuisance on residents was dismissed. When not sitting as a Judge, DDJ Skelly is a barrister specialising in property law.

The managing agents were named as a party to the lease, and there was a clause which said that they could make regulations for the 'comfort and convenience' of lessees. However, this could not excuse a change as intrusive and onerous as to override the grant of free resident parking, effectively restricting and charging for a right previously enjoyed, without the required consensus and deed of variation.

The Judge remarked that this would be like the agents suddenly stipulating that residents had to hang a Union Jack out of the window whenever they were at home.

You also need that lease. And to read it and highlight anything giving him rights to park/right of way, or even just rights to peaceful enjoyment of his property.

You said it was your brother's case so you do know he MUST attend (you can go with him).

bargepole

Jamran wrote: »

I hope judge Desai isn't hearing my case. Went in with my uncle for a set aside for a claim from UKCPM and she basically started making her own rules up. I showed that the contract agreement was clearly with them and leaseholder and not the Landowner and she just said it's sufficient. Everything I threw at her she used Beavis case. She turned it into an actual hearing making her judgement. She even scoffed at the fact that I went online and sought help from forums.

The four for tomorrow are DDJs Lynds, Lawrence, Tomlinson, and Zimmels. There are five other parking cases in addition to yours, so by the time you get in there, they will have heard it all.

Jamran

Just got hold of the tenancy agreement. There is infact a section about parking and roadways. Doesn't look good

https://www.dropbox.com/s/grsmmzun4vgy8ry/rentalagreement.jpg?dl=0

Jamran

bargepole wrote: »

I believe your case number is D5HW20GZ, listed at 12:00pm at Clerkenwell & Shoreditch tomorrow.

There are 4 Judges sitting on the 2nd/3rd floor with back-to-back listings. As usual, they have packed the lists with more cases than they can deal with if everyone turns up - 19 cases listed for 10:00am, all either 2 hrs or 90 mins, then another 11 cases at 12:00pm.

The chances of any of the 12:00 cases starting before lunch are minuscule, and you will most likely be told to go away and come back at 2pm after lunch. As yours is the last one on the list, you'll be lucky to get in front of a Judge before 3:30pm.

There's a reason why this court is known as Clerkenhell.

I've actually got work tomorrow. I was going to leave and come back to work. Do I still have to get there on time or can I call to see if it'll be heard on time?

bargepole

Jamran wrote: »

I've actually got work tomorrow. I was going to leave and come back to work. Do I still have to get there on time or can I call to see if it'll be heard on time?

If you aren't there at the scheduled time, they may let the other side go in as a one-sided hearing to be disposed of in 5 minutes, so Judgment for Claimant will automatically be given, plus probably their advocate's costs as well.

Trying to call them is virtually impossible, they don't have enough staff to answer the phone, which just rings and rings.

The advice is always to book the whole day off work, the timings are too unpredictable.

System

For 6 tickets, it is going to be very expensive not turning up.

Of course you do not need to turn up as it is your brother's case after all and he should be up to speed (hopefully)

Should add that judge's will often make a decision based on the defendant manner and whether they believe what they have been told. It is the custom though for solicitors always to be believed so the spotlight will be on your brother.

Jamran

Should I even bother adding the tenancy agreement seeing as it's not favourable for me?