Lbc for parking in my own bay

neeraj89

I have sent my WS to the court and Claimant's rep.

Today I received the Ws from the Claimant's rep. Please see links below

https://i.ibb.co/tHmvKcS/PAGE-1.jpg
https://i.ibb.co/9h73bMZ/PAGE-2.jpg
https://i.ibb.co/b6QtQVG/PAGE-3.jpg
https://i.ibb.co/L1cQDfd/PAGE-4.jpg
https://i.ibb.co/FY9zCrw/PAGE-5.jpg

I noticed that their WS states only 4 PCN's but I had received 6 PCN's and my WS states all 6. (does this go in my favor as ignorance from the claimant?

Below is the link of the contract they have sent for enforcing the parking restriction.

https://i.ibb.co/6Bv2Jfy/20190325161636932-0006.jpg

I noticed 2 points

1. It's dated 25/4/2018 (I received PCN's in Sept 2017)
2. It is signed by the Developer and not the management company. My lease allows only management company to enforce new regulations. This point I had mentioned in my defence and WS.


Let me know your comments.

Coupon-mad

'Head of Legal' - LOL, always makes me laugh, people who use that title are often arrogant ''look at me, I have a job title'' gits and not legally trained people.

The WS is the usual template trash seen on other Gladstones threads!

I noticed that their WS states only 4 PCN's but I had received 6 PCN's and my WS states all 6. (does this go in my favor as ignorance from the claimant?

Does the claim form talk about 4 or 6?

I noticed 2 points

1. It's dated 25/4/2018 (I received PCN's in Sept 2017)
2. It is signed by the Developer and not the management company. My lease allows only management company to enforce new regulations. This point I had mentioned in my defence and WS.

Very good.

neeraj89

Coupon-mad wrote: »

'

Does the claim form talk about 4 or 6?

The Claim form states all 6 PCN's also the letter before claim that I received states all 6 PCN'. The WS received from the claiman't rep also includes the letter before claim in the end which states all 6 PCN's but the 2nd page of the WS as links shared above mentions only 4 PCN's.

Now I need to prepare what I have to say in court. Any useful links I can read ? Pls share

Coupon-mad

Best if you just search 'another one bites the dust' to read all the recent court reports from people who won, and what they said and what the Judge said.

Some had an easier time than others but it's good prep for you to read their accounts.

neeraj89

I got a call yesterday saying that my case has been adjourned as there is no judge available.

I called the court back just to confirm the call was genuine and the court confirmed that the call was from the court.

Next week I am starting a new job and my probation is 6 months. I am not sure if I'll be able to take days off during my probation or rather don't like to take days off during probation.

Can I ask the court to keep the next date after 6 months ?? or that too much to ask?

Pls advise

Coupon-mad

You must be entitled to holiday during probation for a new job, or it would be illegal. And I doubt they will be able to put it off for six months but maybe you could ask for three, so you get bedded in well to the new job first?

Be warned NOT to ask for the case to be heard in your absence.

We've seen three posters in short succession do this (against our advice) and not only did they lose their cases but they were ALL clobbered for costs as well, paying between £250 and £400 (wrongly) for one PCN because they were not there to argue why that's not reasonable or recoverable.

All of them acted against forum advice. Always attend the hearing.

neeraj89

Coupon-mad wrote: »

You must be entitled to holiday during probation for a new job, or it would be illegal. And I doubt they will be able to put it off for six months but maybe you could ask for three, so you get bedded in well to the new job first?

Be warned NOT to ask for the case to be heard in your absence.

We've seen three posters in short succession do this (against our advice) and not only did they lose their cases but they were ALL clobbered for costs as well, paying between £250 and £400 (wrongly) for one PCN because they were not there to argue why that's not reasonable or recoverable.

All of them acted against forum advice. Always attend the hearing.

Thanks. Yes I am entitled to holidays but i have already prebooked some so didn't want to take more.
I agree with you, I'll ask for a hearing after 3 months. I will clearly mention in my request to NOT to proceed with the hearing in my absence.

Will confirm the new date as soon as I get it.

KeithP

Read this thread, started just half an hour ago:

Automatic CCJ?

neeraj89

Hey everyone,
Just want to update everyone on my case.
I had my hearing a few days back and the case was decided in my favour.
The judge dismissed the claim being entirely without merit.
He even asked me if i wanted to claim costs to which I said no as i didn't want more headache and just wanted to get over with it as it has been going on since 2 years


Most importantly - I would like to thank you all you have contributed towards my case. This wouldn't have been possible otherwise. I had no idea where to start but with your help and guidance I managed to fight these scumbags.

Thanks a lot everyone.

Coupon-mad

Brilliant news! ANOTHER ONE BITES THE DUST!

WELL DONE.

Which court, and which Judge, do you know his name?

Did he say it was without merit because of your primacy of contract, and have you made that known to the Managing Agents to exclude your bay from any enforcement at all, and warned the PPC not to go anywhere near your space again? That is, if you still live there.