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Ukcpm gladstoned

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Hi,
Never posted before but read lots and lots.

Submitted
1) Concise chronological Witness Statement (mainly relating to communication/non communication from DRP & Gladstone’s)
2) Concise Skeleton Argument, highlighting relevant points of law and examples where cases dismissed.
3) Images in support of SA.
4) Letters and e mails in support of SA.
5) List of rules regulations breached by Claimant and their Agents. Cost application.

Unprepared solicitor, experience friendly judge. A few pertinent questions. Case dismissed on signage alone.

Breakdown of costs with opening paragraph/list of reasons about when costs for unreasonable behaviour may be considered (all of which applied) . Over £700 costs awarded. Result.

Yes it’s stressful and time consuming, but it’s a matter of principle. If you have a case in law (and you more than likely will have at least one) go for it. Keep it to facts not emotion and easy for the Judge to see the salient points.

Special thanks to Coupon mad and Bargepole. You rock.

FYI
Have complained to the DVLA re releasing my data without due cause. Awaiting reply.

Have e mailed Sir Greg Knight re being a member of a trade association that has no checks, takes no action against members who breach Code of Practice and actually seen to encourage such behaviour, should not be given access to DVLA data.

Seriously considering suing UKCPM for obtaining my data without due cause.

:rotfl:
«13

Comments

  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    who's car park was it?
    who was allowing the parking to operate on that land?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Justica
    Justica Posts: 6 Forumite
    Industrial Estate
    Security firm using UKCPM online self ticketing.
  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    who's car park was it?
    who was allowing the parking to operate on that land?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Justica ... WELL DONE :T

    THE INCOMPETENT GLADSTONES screw it up again:rotfl::rotfl:
  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    let's see if they cough up the £700.
    the reason for asking about the car park owner, is that in most cases they will be the principal, and the parking company their agents.
    this means that the principal is jointly liable for the actions of its agents.
    depending upon who the cat park owner is there could be some millage there, as most PPCs sell them selves to land owners as being zero risk.
    A big corporate body should have systems in place to ensure that there contractors are all above board.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 151,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Breakdown of costs with opening paragraph/list of reasons about when costs for unreasonable behaviour may be considered (all of which applied) . Over £700 costs awarded. Result.
    Fantastic!

    ANOTHER ONE BITES THE DUST!

    Can you show that opening paragraph here so we can signpost people to it, I am fed up telling people to argue about unreasonableness and them then not managing it!

    Which court & Judge?

    Which car park, and was it held that the signs were incapable of a contract?

    Was this a set aside then (you said 'SA') and they contested it & the whole claim was struck out at a set aside hearing, plus your £255 ordered back and other costs too?
    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
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Its certainly worth issuing a claim against them !
    Will cost you very little
  • Justica
    Justica Posts: 6 Forumite
    Given that the special costs rules of the small claims track are arguably its raison d’être, the Defendant can understand why the Court may be reluctant to order costs for unreasonable behaviour, but I believe that there are a number of features that when present together might mean that such an order is attainable.

    Those being:
    1a) A consistent failure to respond to correspondence.
    1b) The failure to supply information that has been requested or give reason for not doing so.
    1c) A failure to properly set out a case in respect of liability pre-litigation.
    1d) An unwillingness to discuss the case and narrow issue.
    1e) A claim that is unreasonably made and without merit.
    1f) Dishonesty (fabricating evidence)
    1g) A failure to follow the standard Small Claims track directions (See Conduct Annex)

    Any denial of bad practice and unreasonable behaviour by the Claimant is just that, not fact as I have evidenced to the court. Based on the above the Defendant will be seeking their costs (CPR Rule 27.14(2g) on an indemnity basis due to the unreasonable and vexatious stance of a UK CPM Ltd. Please see below a breakdown of costs.
  • Coupon-mad
    Coupon-mad Posts: 151,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for that we will point people to that as a shining example of unreasonableness costs.

    :)
    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
  • Justica
    Justica Posts: 6 Forumite
    Which court & Judge?
    Worcester - Parry

    Which car park, and was it held that the signs were incapable of a contract?
    Signs not fixed, A board sign placed next to vehicle once parked for purposes of a photograph.
    Not now applicable. New fixed/entry and repeater signs installed since Jan 2019.

    Was this a set aside then (you said 'SA') and they contested it & the whole claim was struck out at a set aside hearing, plus your £255 ordered back and other costs too?

    Acronyms? SA Skeleton Argument. Case heard and dismissed. Costs for unreasonable behaviour.
This discussion has been closed.
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