County Court Claim Form Gladstones/UKCPM

Le_Kirk

It seems to be a rare case of PE trying to recover more than the allowed £100: -

It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis.

Without going back over your whole thread, difficult to say where it came from but somebody must have suggested it!

ETA.  Did a search and found this from Coupon-mad (on a different thread) but still being used as case law: -

17.   As well as the 2015 Supreme Court decision, there is further binding case law in ParkingEye Ltd v Somerfield at paragraph 419.  Whilst ParkingEye succeeded in securing damages from the Store for ending the contract early, the High Court held that ParkingEye had committed the tort of deceit when misleading consumers in their letters and in addition, the parking firm could not add a punitive £60 to the advertised 'parking charge':
 ''It seems to me that, in the.......................

brentmeister2k

OK so they are referenced in the draft order I'm providing judge - I will therefore add to my trial bundle as 3 additional pages, referenece in the contents page and refer to them in my covering email.

Assume that makes sense unless anyone can point out any issues with that?

Coupon-mad

They are not mentioned in my WS or defence 

Surely you have abuse of process and an objection to adding £60 in your defence or WS?

You can attach them to the email with a document headed 'skeleton argument regarding abuse of process/exaggerated quantum'.

brentmeister2k

I have added to my bundle pdf at the end an additional  4 pages and in the contents page I have put a subheading referring to them as documents refernced in the draft order and /or supporting the abuse of process argument.

Sound OK?

Coupon-mad

Yes, and they are case law and statute law anyway so it's fine to adduce them at a hearing and not put them in with your WS earlier.

brentmeister2k

Great, thanks again - email sent. 

brentmeister2k

I've still not received an electronic bundle from the solicitors and it will very soon be within 48 hours, this is despite the instruction to provide to court and other party.
If it goes within 48 hours should I raise with court and is there any recommended text/wording for doing so?
Obviously I have previously received hard copies of the original witness statement and an electronic copy of a supplementary Ws but no collective bundle as requested in most recent court order. 

Umkomaas

If it goes within 48 hours should I raise with court

Obviously. 

is there any recommended text/wording for doing so?

We don't have wordings for every possible eventuality, but if you draft your own and want a second opinion, post it here and you're likely to get one (or more). 

Johnersh

If you've got everything as a pdf, to include your materials, you could just email that across and invite the court to use yours, the claimant having failed to prepare a bundle or to agree it with you. 

brentmeister2k

OK, Here is my attempt at draft wording, please let me know your thoughts.


Dear DJ

As requested in the court order dated 9th May, I have yesterday provided my witness statement and evidence bundle in the requested pdf format by email along with contents page.
This was copied to the claimant as requested in the court order and this should be visible from my email.
I have not been provided with an electronic bundle by the claimant despite the clear instruction directed in the court order and we are now within 48 hours of the hearing. I am unclear if the claimant has provided the requested bundle to the court.
I feel I am being disadvantaged by the defendant's failure to provide a suitable electronic copy of this evidence and therefore invite the judge to either use my bundle provided in the requested format as the sole evidence for this case or to strike the matter out.

Kind regards,

XXX