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Parking Eye Court Claim Form - Please help

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  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    hurtbuyer wrote: »
    I can't believe the Health Board chose to give the contract to Parking Eye.
    Maybe because they thought that PE would be much more ethical and understanding than their previous PPC, Indigo, who smashed their staff into costs running into tens of thousands.

    Or perhaps they prefer people are eaten by a hyena than a crocodile. :cool:
    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
  • hurtbuyer
    hurtbuyer Posts: 100 Forumite
    Tenth Anniversary 10 Posts
    edited 22 March 2019 at 2:34PM
    Ok, WS pack submitted at Cardiff Civil Court. For any one wanting to know about it in Cardiff

    1) It is at Park Street off Westgate Street near the Central Station
    2) Walk up to the mezzanine, go through the security door and walk up to the first floor (or lift)
    3) Go to the public counter (which is akin to a bank) and submit it - they give you a stamped receipt with claim number, names etc. to take away. So no need to take your own receipt to get stamped.

    The guy told me that we will need to go to the 2nd floor on the day of the hearing.

    That's it. Now to email PE. Single PDF with everything in I assume?
  • hurtbuyer
    hurtbuyer Posts: 100 Forumite
    Tenth Anniversary 10 Posts
    Court this afternoon - I have two copies of my witness statement, original pcn from PE, their response to Defence and witness statement with me. Any other tips for the session?

    Should the judge be addressed as 'Your Honour'?

    Whichever way it goes, I am immensely grateful to all in the forum who helped me through the process.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    hurtbuyer wrote: »
    Court this afternoon - I have two copies of my witness statement, original pcn from PE, their response to Defence and witness statement with me. Any other tips for the session?

    Should the judge be addressed as 'Your Honour'?

    Whichever way it goes, I am immensely grateful to all in the forum who helped me through the process.

    The Judge is addressed as Sir or Madam. Your Honour only applies if you go up to the next stage (appeal), when it will be heard by HHJ Somebody.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • hurtbuyer
    hurtbuyer Posts: 100 Forumite
    Tenth Anniversary 10 Posts
    bargepole wrote: »
    The Judge is addressed as Sir or Madam. Your Honour only applies if you go up to the next stage (appeal), when it will be heard by HHJ Somebody.

    Thank you @bargepole.

    As you are someone who does this regularly, may I take the liberty of asking a few questions?

    Is making one's points done as opportunities are given by the judge in an orderly way or does it tend to get countering each other's points in an argumentative fashion. Will the PE solicitor be able to directly cut us out as we make our statements. I am slightly nervous as I have never ever been to court.
    With my wife being there as driver on the day, is it a matter of either of us speaking or is there an accepted order in which it will need to be done.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    hurtbuyer wrote: »
    Court this afternoon - I have two copies of my witness statement, original pcn from PE, their response to Defence and witness statement with me. Any other tips for the session?

    Should the judge be addressed as 'Your Honour'?

    Whichever way it goes, I am immensely grateful to all in the forum who helped me through the process.

    Get there in good time - do your logistics (travel, parking, finding the court, getting through security, introducing yourself to the usher, then sitting down quietly) half an hour before your allocated appointment time.

    You may be introduced to the legal rep conducting the PE case. Be polite, shake their hand, but don’t accept any paperwork from them. Politely refuse to discuss the merits of the case. Be prepared for the possibility of them looking to settle for a lower amount before entering the Judge’s room (doesn’t always happen, and when it does, it’s often only a few quid off what they are seeking anyway).

    Address the Judge as ‘Sir’ or ‘Madam’ (make sure you get those the right way round! :D).

    Go neatly dressed. Leave the Primark jogging bottoms, unmatched shoes and Rab C Nesbitt string vest for visits to Wetherspoon!

    The very best of luck.
    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
  • hurtbuyer
    hurtbuyer Posts: 100 Forumite
    Tenth Anniversary 10 Posts
    Umkomaas wrote: »
    Get there in good time - do your logistics (travel, parking, finding the court, getting through security, introducing yourself to the usher, then sitting down quietly) half an hour before your allocated appointment time.

    You may be introduced to the legal rep conducting the PE case. Be polite, shake their hand, but don’t accept any paperwork from them. Politely refuse to discuss the merits of the case. Be prepared for the possibility of them looking to settle for a lower amount before entering the Judge’s room (doesn’t always happen, and when it does, it’s often only a few quid off what they are seeking anyway).

    Address the Judge as ‘Sir’ or ‘Madam’ (make sure you get those the right way round! :D).

    Go neatly dressed. Leave the Primark jogging bottoms, unmatched shoes and Rab C Nesbitt string vest for visits to Wetherspoon!

    The very best of luck.

    Thank you very much. That is useful advice to not deal with PE's legal rep. Should be ok on the attire front - going straight from work :D!

    Will report back on how it goes.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    hurtbuyer wrote: »
    Thank you @bargepole.

    As you are someone who does this regularly, may I take the liberty of asking a few questions?

    Is making one's points done as opportunities are given by the judge in an orderly way or does it tend to get countering each other's points in an argumentative fashion. Will the PE solicitor be able to directly cut us out as we make our statements. I am slightly nervous as I have never ever been to court.
    With my wife being there as driver on the day, is it a matter of either of us speaking or is there an accepted order in which it will need to be done.

    The usual format is that the Claimant goes first, and states the basis of their case. If the Claimant's witness is present (unlikely for PE) the Defendant can ask questions about their statement.

    If you disagree with anything the Claimant's rep says, make a note and raise those points with the Judge afterwards - do not interrupt.

    Then it's the Defendant's turn, and you must state the reasons why you are not liable to pay the sum claimed. You may also be asked questions afterwards by the Claimant's rep.

    The Judge may interrupt either party at any point, and ask questions. If you hear the Judge say at any point "You may have some difficulty with this" to the Claimant's rep, that means they have lost. If he says it to you, bad luck.

    You do not get into arguments with the other side, and should only address remarks to the Judge. Keep everything polite and professional, and if you can sense that the Judge is against you on one particular line of argument, don't keep digging, move on to the next one.

    When the Judge has heard everything he needs to, he will then start to deliver a Judgment. This is like the final boardroom in The Apprentice, "I don't want to hear any more", so don't interrupt, just write it all down.

    If the claim is dismissed, don't forget to apply for your costs.

    Your notes taken will then form the basis of a comprehensive and detailed report to be posted on here afterwards.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I see your case is listed before District Judge Claire Coates, who was the Judge in the infamous Indigo/UHW case. So no pressure, then:

    Yng Nghanolfan Cyfiawnder Sifil a Theuluol Caerdydd / In The Cardiff Civil & Family Justice Centre Dydd Gwener 3ydd Mai 2019 / Friday 3rd May 2019
    Barnwr Rhanbarth C Coates / District Judge C Coates
    Ystafell Llys 9 / Courtroom 9

    14:00
    E9FC63HJ
    PARKINGEYE LTD V S*****
    Treial - (Hawliadau
    bychain) /
    Trial (Small Claim)

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • hurtbuyer
    hurtbuyer Posts: 100 Forumite
    Tenth Anniversary 10 Posts
    bargepole wrote: »
    The usual format is that the Claimant goes first, and states the basis of their case. If the Claimant's witness is present (unlikely for PE) the Defendant can ask questions about their statement.

    If you disagree with anything the Claimant's rep says, make a note and raise those points with the Judge afterwards - do not interrupt.

    Then it's the Defendant's turn, and you must state the reasons why you are not liable to pay the sum claimed. You may also be asked questions afterwards by the Claimant's rep.

    The Judge may interrupt either party at any point, and ask questions. If you hear the Judge say at any point "You may have some difficulty with this" to the Claimant's rep, that means they have lost. If he says it to you, bad luck.

    You do not get into arguments with the other side, and should only address remarks to the Judge. Keep everything polite and professional, and if you can sense that the Judge is against you on one particular line of argument, don't keep digging, move on to the next one.

    When the Judge has heard everything he needs to, he will then start to deliver a Judgment. This is like the final boardroom in The Apprentice, "I don't want to hear any more", so don't interrupt, just write it all down.

    If the claim is dismissed, don't forget to apply for your costs.

    Your notes taken will then form the basis of a comprehensive and detailed report to be posted on here afterwards.

    That is wonderful advice - thank you very much :T!

    I will definitely post back a detailed report.
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