Court Date Change

Glenprk

Umkomaas wrote: »

+1

They can only invoke KL if they have acquired the K's data from the DVLA. The fact that you might have provided your details via various communications after the issue of the NtD, but before they formally approached the DVLA, is immaterial, and PoFA is your friend. See PoFA Schedule 4, para 11.

11(1)The third condition is that:
(a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper's details in relation to the period of parking to which the unpaid parking charges relate;
(b)the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);
(c)the information sought by the application is provided by the *Secretary of State to the applicant.

*The DVLA on behalf of the 'Secretary of State'

I have incorporated it in my revised WS. Thanks

Loadsofchildren123

That's much better, it's clear what happened now.


Just two things -
para 8 you say "able" when I think you probably mean "unable".
why on earth did you get allocated a disabled space? You'd better explain this a bit further. Was it just out of the blue, so in essence you said "hang on, why have you given me a disabled space when you don't need one?" and they then said "you just have, it's too late to change it all now, that's your space"?


The correspondence with the management company is very helpful to you, where you specifically point out that you aren't obliged to use a permit.


Maybe explain at the start of where you are talking about all the letters/appeals, that you appealed as keeper and didn't name your brother in law as the driver, but only named him after all appeals had been exhausted. The reason you did it this way was because you thought that the charge would be cancelled once you'd made all the relevant points and you didn't dream for one second they'd be pursuing you in this manner.

Glenprk

Loadsofchildren123 wrote: »

That's much better, it's clear what happened now.


Just two things -
para 8 you say "able" when I think you probably mean "unable".
why on earth did you get allocated a disabled space? You'd better explain this a bit further. Was it just out of the blue, so in essence you said "hang on, why have you given me a disabled space when you don't need one?" and they then said "you just have, it's too late to change it all now, that's your space"?


The correspondence with the management company is very helpful to you, where you specifically point out that you aren't obliged to use a permit.


Maybe explain at the start of where you are talking about all the letters/appeals, that you appealed as keeper and didn't name your brother in law as the driver, but only named him after all appeals had been exhausted. The reason you did it this way was because you thought that the charge would be cancelled once you'd made all the relevant points and you didn't dream for one second they'd be pursuing you in this manner.

Thanks !!!8211;I'm very grateful for your assistance. I have added Para 15 and moved the rest down by 1.



15. I appealed as keeper and didn't name my brother in law as the driver, but only named him after all appeals had been exhausted. The reason I did it this way was because I thought that the charge would be cancelled once I'd made all the relevant points and I didn't dream for one second they'd be
pursuing me in this manner.



para 8 you say "able" when I think you probably mean "unable 2
Thanks for noting that. I was quoting verbatim what was in their email.


They purport that the allocation was random; though there is an "uncontrolled Visitors' Bay" which we reported has ever since been blocked by an ex Director of the Residential---- Management Company who moves 3 cars around and ensures one is always parked there. The UKCPM warden says he cannot do anything about it.We have had to park elsewhere when Blue Badge Holders park in "our allocated bay". Recently the UKCPM Warden was stopped short of ticketing a Blue Badge Holder in the bay by residents. In response to an email Property Management Ltd requested my spouse to give them the Reg Numbers of the cars, which was declined as the UKCPM warden would be in a better position to do so. Crabtree Property Management have always responded they are investigating the issue in response to our emails from 2012 to 2017.

nigelbb

The fact that they didn't obtain keeper details from the DVLA means that keeper liability cannot apply. This is logical too as it is the only proof that the PPC can have that you are the keeper rather than some random person claiming to be the keeper.

My interpretation of POFA 2012 is that the fact that the driver dies before being named means that the keeper is still liable. The keeper only passes liability back to the driver by naming them with an address for service prior to commencement of legal proceedings. If the driver has died it is impossible to provide an address for service ergo the keeper is liable.

Glenprk

Loadsofchildren123 wrote: »

If you wrote in and haven't had a response re another date, call the court and ask what is happening. I'd have expected a response by now and the hearing is soon.
I think a paper hearing is risky because you have no control over what the Claimant will tell the court.

I submitted my WS on Friday as planned. Initially I was told a date change would cost #255 then I was told the Court would call me on Monday (02/07) with an update.

I requested only for a date change. I strongly desire to attend for an Oral Hearing in person and will never let them have 'a decision on papers' after what I have gone through. Worst case scenario for me means that 2 family members will attend the Graduation and we can celebrate together later.

Glenprk

nigelbb wrote: »

The fact that they didn't obtain keeper details from the DVLA means that keeper liability cannot apply. This is logical too as it is the only proof that the PPC can have that you are the keeper rather than some random person claiming to be the keeper.

My interpretation of POFA 2012 is that the fact that the driver dies before being named means that the keeper is still liable. The keeper only passes liability back to the driver by naming them with an address for service prior to commencement of legal proceedings. If the driver has died it is impossible to provide an address for service ergo the keeper is liable.

That's re-assuring. Thanks

Glenprk

Dear All,


I have prepared a Costs Schedule which I was about to post to Gladstones and the Court.


Now less than 7 days before the Hearing Date, I have been given notice that Gladstones' Client will not be attending the hearing "in accordance with CPR27.9"


Just reading CPR 27.9 which states :


Non-attendance of parties at a final hearing

27.9
(1) If a party who does not attend a final hearing!!!8211;
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party!!!8217;s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not !!!8211;
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out(GL) the claim.
(3) If !!!8211;
(a) a defendant does not !!!8211;
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either !!!8211;
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.


Below is the full text.

Glenprk

Besides proceeding with my Costs Schedule, please advise on a response to the notice below:


Dear

---

UK Car Park Management Limited

-v-

---

Claim Number:

---

We act for the Claimant.

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the
hearing on ----July 2018.

Please note, our Client is unable to attend the above mentioned hearing and we have kindly
requested that their attendance be excused and the hearing conducted in their absence
pursuant to CPR 27.9.

We confirm the court has been informed and that we have asked the Court to decide the
claim in our Client's absence based on the evidence submitted.

Yours Sincerely

Gladstones Solicitors

System

See my post at #20

The first sentence is the key one.

Coupon-mad

So are you re-thinking turning up and want to request a paper hearing, in your absence too? Or are you going along, definitely? You need to decide in the morning and let the court know if you too will not be there.

G's sent theirs less than 7 days before the Hearing Date, so you can too if quick. And include your costs schedule in the same letter and hand deliver it to court before 2pm Friday (email to Gs).

Only if you are sure your case is strong and your filed papers are good enough to win it.