Ppc off to court shortly, advice pls

SWEETPEAS

Apologises board i misposted this originally

So AM Parking Services are set to shortly take me to Court. Represented by Gladstones

For giving me a ticket on land that according to HMRC land registry they didnt control so obviously they wouldnt have had control to operate on.

Frustratingly i never counterclaimed for misuse of data by obtaining my Infomation without due cause.

However despite a clear land registry map being supplied in my defence they seem to still want their day in Court which is more or an inconvienence than anything.

They have failed to provide information at appropriate times ie to demonstrate any contract with the landowner until 9 days before the hearing (meant to be 14 days) and frankly the map which a saterlite image highlighted to suit themselves is somewhat of a joke, if not a deliberate attempt to mislead the courts.

The skeleton is in now basically stating they are operating outside the area they were instructed so therefore there can be no contract.

Appreciate i left it late however i based on the aforementioned reasons i never beleived they would want it to go to court.

I would welcome any tips as to represent myself best in court as im not legally trained in any way and am up against the same company many others have face Gladstones...

Many thanks

Coupon-mad

Please show us links to Gladstones WS and your defence and your recent WS and the evidence you filed this month (redacted of name/personal info, car VRN, address, etc of course) and we might then have more tips.

As your hearing is soon, when did you get your WS and evidence filed, in good time?

SWEETPEAS

Coupon mad

Will post up tomorrow as will need to open up laptop.
Suffice to say yes all in on time, given late info from Gladstones which i had been asking for months was only recently included in their bundle which as stated was late. I requested leave to demonstrate by including the HMRC land registry map as additional information the correct boundary title map. Sent recorded delivery to the courts.

Thanks for your input

Rgds

System

Is this Maidstone or one of the Kent courts. They are up to speed on AMP.

SWEETPEAS

Hi IamEmanresu

Kent court.

System

AFAIR one judge (at Maidstone?) went as far as to suggest the defendant apply for costs against AM. So get your costs schedule in to the court and to AM.

As well as the normal £100 add in extra for unreasonable costs under CPR 27.14 (2)(g) as they were made aware that they had no standing to continue with the case. They may initially have thought they did but if they have continued without checking their standing, you should be able to take them for a lot more.

Rule 27.14(2)(g) states that the court may summarily assess a party's costs and order them to be paid '..by a party who has behaved unreasonably'. You could add a couple of examples in support.

In Memon v TNT UK Ltd (2009) Judge Platt sitting at Romford County Court held on appeal that the District Judge was wrong to refuse the Defendant an unreasonable costs order, where the Claimant had attempted to claim 24 days car hire, but where the court subsequently held that there was no need for the Claimant to hire a car at all. The appeal was allowed.

In Clohessy v Homes (2003), District Judge Stuart-Brown, sitting in Bristol County Court granted the Defendants an unreasonable costs order, where he it was held that on any objective assessment, the claim was likely to have failed from the outset.

So fill your boots.

[Deleted User]

Read this:
https://www.lawgazette.co.uk/legal-updates/civil-procedure-unreasonable-conduct-and-costs/5061032.article
Read the court rule as referred to by Coupon above
AND prepare a detailed and itemised schedule of your costs broken down into hours spent. Examples are on the forum. That needs to be filed at court and served on the claimant no less than 24 hours prior to the hearing.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

SWEETPEAS

Thanks all for your help about to post relevant information, i have selected what i think is the key items, notably the Satellite image provided by AMP and the HMRC land registry map. along with the Contract they signed with the land owner, please note the wording "Parking Area of Watersmeet"

Also re costings when do i need to submit my breakdown of costs on the day or just before?

nosferatu1001

At least one day before

ORDINARY costs - half day off work or loss of leave, capped at £95, travel at 45p a mile and parking

Then your unreasonable costs pursuant to CPR27.14(2)(g) - whcih you need to read up on.

SWEETPEAS

anybody know the email or Fax details for Gladstones, seeing as they are coming up so regularly might be worth a sticky on the forum.

Rgds