ES Parking Enforcement - Gladstones LBC

Le_Kirk

These were the instructions given by @Coupon-mad: -

 Copy this one, change the court/claim no./dates, head it DRAFT ORDER:

When you copy it, change the dates and claim number it becomes a DRAFT order ready for the judge to complete.

Coupon-mad

You create a draft order...!

ryou4me

https://www.gov.uk/government/publications/form-n24-general-form-of-judgment-or-order
I did find this Form N24 on the attached link - i didn't use that but its not ideal anyway as PDF fillable forms, some of the fields are not big enough

my draft order as below:-

In the County Court at Manchester
Claim Number: XXXXXXXX
DATE       1 JULY 2020

ES PARKING ENFORCEMENT LIMITED (1STClaimant)

Ref xxxx

XXXX (1STDefendant)

DRAFT ORDER

Before Deputy District Judge Iyer sitting at the County Court at Manchester, Civic Justice Centre,  1 Bridge St West, Manchester, M60 9DJ.

Upon reading the court file and an email from the Defendant and having applied the court's duty in the Consumer Rights Act 2015, s71 'test of fairness' against the information provided by both parties

IT IS ORDERED THAT

1               The claim is struck out as an abuse of process.

2               This order has been made by the court of its own initiative without a hearing pursuant to Rule 3.3(4) of the Civil Procedure Rules 1998 and a party affected by the order may apply to the court to have it set aside, varied or stayed not more than 7 days after the date the order was served upon that party.

REASON

(a) The claim contains a substantial charge additional to the parking charge which it is alleged the driver was contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012 Schedule 4 nor with reference to the binding Supreme Court judgement, which expressly approved the parking charge because it included costs of administration (ParkingEye Ltd v Beavis [2015] UKSC67 - paragraphs 98,193 and 198).  Additionally, s71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term/notice, and the inclusion of additional charges falls into examples 6, 10, 14 and 18 of the indicative list of unfair terms in Schedule 2 of the Act. It is an abuse of process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. 

XXXXXXXXXXXXXXXXXXXXXXXX

Dated: xx.xx.2020

I am attaching the above in a editable word doc in my email, and attaching the claimants bundle, all of my bundle, and will send a copy to gladstones to their email  enquiries@gladstonessolicitors.co.uk and mark as urgent as hearing date is set within the next 14 days.

haven't had any luck getting through to them on the phone and as it stands, i don't know if i am to be go in, or will be having a phone or Skype hearing, 

heres hoping it does struck out

thank you all

Coupon-mad

It will be a remote hearing, not in person.  
Have you done your summary costs assessment and filed & served that, too?

ryou4me

not filed that, will do tomorrow in that case - is that ok
anything other than below i should add?
ive estimated cost of printing and stationary except my postage which i know the exact amount for.

In the County Court at Manchester

Claim Number: xxxx

Hearing Date: 7 July 2020 at xxxx

DEFENDANT'S SCHEDULE OF COSTS

Ordinary Costs

Loss of earnings/leave, incurred through attendance at Court 7 July 2020 £95.00

Return mileage from home address to Court (19 miles x £0.45) £8.55

Parking near Court £9.00

Sub-total £112.55

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule

27.14(2)(g)

Research, preparation and drafting of documents (16 hours at Litigant in Person rate of £19 per

hour) £304

Stationery, printing, photocopying and postage: £10

Sub-total £314

£ TOTAL COSTS CLAIMED £426.55

Signed

[REDACTED]

1 July 2020

Coupon-mad

Loss of earnings/leave, incurred through attendance at Court (or by phone) 7 July 2020 £95.00 (due to taking a day off work - wage slip attached - in fact I earn £xxx per day and have had to miss a whole day)

Provisional costs if a face to face hearing takes place:

Return mileage from home address to Court (19 miles x £0.45) £8.55

Parking near Court £9.00

nosferatu1001

The loss of leave or pay is for a half day, capped at £95
SO you need to earn more than £190 a day. 

ryou4me

people people people!!

i have just spent an age this afternoon calling the court and they have advised me that a notice of discontinuance was served to them on the 24th June!
I haven't received it yet (might be in the post who knows) but the court has confirmed the hearing has been vacated!!

Whoo hoo!!

now, can i still ask for costs or no?

Anything else remaining for me to do now?

Report them to the SRA?

Le_Kirk

You can write to the judge (if you know who it was to have been) and ask for your costs in line with your summary costs assessment as already filed.  BUT as you didn't actually have to go to court, you didn't have to take a day off work or travel or pay to park near the court.  If you want costs for unreasonable behaviour you have a high bar to jump.  Search the forum for unreasonable behaviour.
BTW, well done, put that down as a win!

Coupon-mad

You can but try, and say you were not served with the NoD (see the NEWBIES thread example by @bluetoffee1878 ).

Well done - ANOTHER ES PARKING/GLADSTONES ONE BITES THE DUST!