UK Car Park Management Court Claim!!

KeithP

Kazaa wrote: »

Question which remains opened is if the costs of schedule is also sent to the Claimant? Or just the court?

At this stage, everything, absolutely everything, that you send to the court must also be sent to the claimant.

Kazaa

Ok will send it all, thank you for the responses. I will keep you updated on the next stage.

So i will print off the cover page along with relevant pages from Vine vs Waltham Forest and Section E from the IPC code of conduct.

Kazaa

Ok guys, the date is next week. I have gathered my defence / WS / Evidence into a bundle and will bring a spare for the DJ if needed.

Any other tips will be appreciated.

Thanks guys

nosferatu1001

So you sent
1) Your full bundle to the claiant via post
2) Your full bundle was hand delivered to the court?
You didnt confirm this.

Kazaa

Yes confirm that has been done :-)

nosferatu1001

Did you file a costs schedule, listing normal costs plus, if applicable, costs for unreasonable behaviour?

Coupon-mad

Kazaa wrote: »

Ok guys, the date is next week. I have gathered my defence / WS / Evidence into a bundle and will bring a spare for the DJ if needed.

Any other tips will be appreciated.

Read CEC16's thread! It's near the top right now. Read the court report from 11th.

And file & serve a skeleton argument as explained here:

https://forums.moneysavingexpert.com/discussion/6002374/civil-enforcement-county-claim&page=2

You must do this as it can win the claim and will make the Judge think about the added costs and the sign.

Kazaa

Court Update: -

Hello guys,

First of all a big thanks to those who helped me so far, I attended court today and did NOT submit a skeleton argument or what “coupon-mad” suggested regarding CRA 2015 to fight the fake £60. However I did print this off and planned to ambush today if needed.
I arrived 20 mins before the time allocated at 10.00am, I was surprised to see it so busy, I put my name down with the Usher and took a seat near the hearing room. At 9.50am a lady approached and called my name and she introduced herself as the solicitor for UK car park management, she said she had received my witness statement and the case I mentioned (AC7) had been appealed and the judge made a poor decision and shouldn’t of been struck out. I simply nodded and said ok, she then proceeded to talk to me about the sign stating its in the right place and wanted to know if my pictures which I provided are recent , I said yes they are ( as the sign faced a different way now). She said she had nothing else to discuss and said she was being courteous and I simply thanked her. At 10:05 I got nervous and wondered why I wasn’t called in, this is normal process and can be delays upto 30mins but always best to check with the Usher.

Hearing time
So the Usher called us in and we sat down, the DJ sits considerably higher than you ( can be intimidating), I made my way and simply said Hello to the DJ and the solicitor said “Good Morning Sir”. At this stage I organised my documents and waited for DJ to speak, DJ asked the Claimant Solicitor to proceed, she spoke for roughly 5 minutes saying that I had parked my car and there were adequate signs, referring to her WS and evidence. ( She spoke loud and clear), she also stated that my case mentioned in AC7 cannot be relied on due to blah blah. The DJ then asked me if I want to say anything I said that “I had parked my car on the road and went to Tescos to get water as my car had overheating issues and did not see any entrance signs”. The DJ pointed out you parked? I then said I had stopped and referred to my evidence, the DJ said he did not have my WS, I said I had handed it in, he asked when and I said I have a copy, again he asked when and I said in October. I had a copy and handed it to him, he spent a few minutes reading it. Then the following dialogue or something similar occurred :-

DJ : - The sign looks clear to me, I can see you have turned you card around to park behind another car and doesn’t look like your car was broken down.
Me: - It wasn’t broken down It started to over heat, I was there literally for 7 minutes seen in Claimants evidence
DJ : - Do you have proof you was there 7 minutes
Me : - No, but there is no double yellow lines to indicate you cannot stop and recently there have put in refer to my evidence ( recent pictures)
DJ: - Private road does not need to have double yellow lines, you can see the sign from you car when you drove in.
Me: - Sign is inadequate refer to IPC, writing is very small and is placed on a pole which is on the entrance to the church so I thought I didn’t apply to me.
DJ : - Oh so you saw the sign
Me :- Yes I did when I got out of my car, but assumed it to be for church parking
DJ : - To claimants solicitor, this sign is unacceptable, you need to do better than that, its on a church, writing is very small ( DJ went on to bash the sign) and dismissed the case.
Me : - Sat there listening and nodding my head
Me : - Thank you sir, what about my schedule of costs
DJ:- No I will not grant them
Me : - What about the standard costs like parking, mileage and taking time off work
DJ then asked what I did, I replied and then said I could off taken half a day off work but I said that I took a full day as I wasn’t sure how long it would last. DJ said you should be happy with the result, nodded his head up and down and said its been dismissed but I sat there thinking what is this, I was more interested in my costs tbh.

Key Points :-
Simply listen to other sides solicitor before hearing and DO NOT ACCEPT any documents or PRESENT YOUR CASE.
Upon entering the chambers greet DJ with “Good morning/afternoon Sir/Madam”
The first 5 minutes of what you say count, stick to the facts literally.
Anyway overall im not sure what I could of done better ( apart from speak with confidence and not whimper) to make sure I at least get some costs. Any advice guys, I have another case next week.

nosferatu1001

WELL DONE on the win

You should have pushed on costs - they must be allowed as they are ordinary costs. DId you take proof of loss of leave and a wage slip?

Kazaa

Yes i did say these are standard costs, but the DJ was not interested. DJ did not even ask for a proof of loss of leave or wage slip. But i didnt have that to hand, i just expected i would get the £95 as standard. A bit disappointed i didnt.