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Comments

  • 1505grandad
    1505grandad Posts: 3,992 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    para 6 - "International Parking (Company)" - should be Community
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    I've added this to para 15....

    15.2 That is not an isolated judgment striking a parking claim out for repeatedly adding sums they are not entitled to recover. In the Caernarfon Court in Case number FTQZ4W28 (Vehicle Control Services Ltd v Davies) on 4th September 2019, District Judge Jones-Evans stated:
    15.3 ''Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates [...] in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared [...] the claim is struck out and declared to be wholly without merit and an abuse of process.''

    And I've corrected the other points but didn't feel the need to post the whole defence again!

    Would you say I'm good to email a signed version off now?
  • Le_Kirk
    Le_Kirk Posts: 25,051 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Subject to edits by others, looks to have all the usual points plus those specific to your circumstances.
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Hi all, 
    I received my email (and letter a day later) from the county court stating my hearing will no longer go ahead as an attended hearing. I've been reading other threads and can see there is a rise in telephone hearings occurring due to the current health pandemic. I am sure all you experts are familiar with the wording on these letters by now but I just wanted to confirm my next steps with you guys before acting. 
    As the letter states, 'the parties are to liaise and seek to agree...' on 3 points, a, b and c. Do I wait for Gladstones to contact me in this instance, as if they don't, will it strike out the claim? Or do I act first and push them once again to drop this needless case? I have until 26th April before the 10 days given by the court is up. 
    Always grateful of your advice and hope you're all staying safe 👍
  • Umkomaas
    Umkomaas Posts: 43,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do I wait for Gladstones to contact me in this instance, as if they don't, will it strike out the claim? 
    Highly unlikely. 
    Or do I act first and push them once again to drop this needless case? I have until 26th April before the 10 days given by the court is up.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    KeithP said:
    You say you have been reading other threads. Was this one of them?...

    I honestly was reading the posts on this one but I was reading the later ones 🤦‍♂️ I have now read the start and opening posts and can see what I need to do as my next step, thank you for pointing me in the right direction @Umkomaas@KeithP
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 April 2020 at 12:06AM
    Do you know what, (warning - rant about the stupid, almost unworkable 'updated' forum follows...) I DETEST the way this 'new' forum takes people to the 'latest post' which is utterly useless for this board.  People follow a link to a useful thread and don't realise they are not on the first post either because there are no post numbers and unless they scroll up to the top they don't read the thread and first post we intend them to read.

    Who on earth though it was a good idea on a forum? 
    I know no other forum that does this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tank4228
    tank4228 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Glad I'm not the only one who has had an issue with this!
    I'm writing up my WS and schedule of costs but at this point, I don't yet know if my hearing will by via phone or postponed for an attended hearing. Should I still send my schedule of costs through with my WS or wait to find out what type of hearing it will be and then send it? 
    Reason I ask, there will be more costs incurred if I need to attend court rather than taking a call at home. I wouldn't want to be needlessly out of pocket. 
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