Civil Enforcement - County Claim

Coupon-mad

Remove this question, as there is no law allowing it:

According to which practice/law is this allowed to be added?

Kazaa

Yes i can upload AC1, but i did not mention AC3 in my skeleton as this is a Sign.

Kazaa

AC1 confirms the land controller is Ab Salute Gym ltd -- https://ibb.co/YXrZvJb

Kazaa

Thanks Coupon, i have removed that bit. Happy with the rest to go, i aim to post this on Thursday to CEL and hand it in to the court.

Kazaa

Guys i have a question on the costs allowed is it :-
1) Pursuant to CPR 27.14 3 (c),
or
2) Pursuant to CPR 27.14 2 (e)

As i will print this off and take it to court, currently it shows as 27.14 2 (e)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

But this one says 27.14 3 (c)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

KeithP

Why not just say "Pursuant to CPR 27.14"?


Just a reminder... this is a parking forum.
If you are looking for specific legal advice, perhaps try somewhere like LegalBeagles.

Kazaa

Thanks Keith, just wondering what the difference is.
Ok guys so reviewing the WS of CEL their main point is i did not obtain a permit as my reg wasnt entered in the keypad.

My 3 main points are :-

1) I did enter the reg into the keypad and the system must of failed to register it.
2) Abuse of process as they are applying a fake £60 charge
3) If the land controller ( AB Salute Gym) wishes to cancel the charge, the agent ( CEL) should comply.

Regarding point 3, i unfortunately dont have written evidence in my contract that im allowed to park in the gym.
My question is how else can i strengthen the 3rd point?

Thanks

Kazaa

bump anyone can advice ?

Coupon-mad

Get an email saying the Gym want the charge cancelled. Not sure what else you want us to say, this is your evidence to build and we can't provide it!

Kazaa

Ok guys, had my court case today and won easily. I sat there whilst the claimants solictor tried to use new evidence lol, DJ asked me if i opposed and i said of course.
DJ could not believe how such a case made it to court as the car park is owned by the Gym and they are willing to cancel ( i had proof of an email).
DJ also stated even if i didnt put my registration into the keypad, such a mistake doesn't warrant a court action and CEL should be more understanding, DJ dismissed the case and then came my turn.
I pushed for the ordinary costs and got them and then pushed further for unreasonable behavior, the DJ wasnt familiar with unreasonable behavior costs and asked the claimants solicitor who stated that if legally CEL behaved in unreasonable fashion costs can be awarded but CEL did not behave reasonably. I shouted out i disagree " got an evil look from the solicitor" DJ told me to wait my turn.
Then i simply stated i appealed twice, got a letter from the gym and still CEL hounded me with letters and took me to court. DJ agreed with me and won unreasonable behavior costs too, so a total of £250ish. Well worth going to court, am still grinning and test levels through the roof.
Appreciate the help guys!!!!