Court form received help requested

Snakes_Belly

Le_Kirk said:

I agree there is no "right of way" issue especially as @sadwithoutmynelson owns the apartment and the parking space whereas the case you cited seems to be a council issue where, presumably it is council owned property with parking privileges.  Elliot v Loake is often used (erroneously) as that was a criminal case and forensic evidence was used to prove who the driver was.

It is their land but there are different rules about parking on a pavement in London than in the rest of the UK which is how the charge came about.  This land is referred to as a pavement. It would have been a wide pavement and possibly could have been required for road widening in the future. It's hard to visualise what the area in question is like but the judge in the High Court overturned the adjudicator's decision. 

My family home had a patch of land at the front that belonged to my parents but could have been required for road widening at some stage in the future.

Snakes_Belly

This is the full judgment.
https://www.judiciary.uk/wp-content/uploads/2020/04/Pereira-Approved-Judgment-for-Hand-Down-3rd-April-1.pdf

sadwithoutmynelson

The claimants solicitor has sent me a bundle today asking can they send this as an agreed bundle for court for the costs hearing. 

I asked them are they willing to settle and pay what I am owed.  They have replied saying the claimant will be having representation at the hearing and making submissions against my court costs. 

Should I accept their bundle ?.

I will need to add half a days leave to the costs for the costs hearing next week. 

Jenni_D

The court order was that they prepare the hearing bundle and file with the court - yes?

You need to read through it and make sure both your and their documents match what was filed with the court and served on each other. Particularly check that they've not altered your WS or Exhibits in any way (e.g. changing colour exhibits to black and white; printing then scanning images to degrade their quality; etc.) - doesn't often happen but has been known to.

If all seems OK then let them know that you agree to that bundle being filed as the agreed bundle.

sadwithoutmynelson

The court asked for an agreed bundle to be sent. I will have a good read and compare in that case. Thankyou 

Jenni_D

sadwithoutmynelson said:

The court asked for an agreed bundle to be sent.

Did it not also say who was to prepare and send that bundle? (Regardless, the default expectation is that the legally-represented party does this anyway).

sadwithoutmynelson

No just that a jointly agreed bundle was to be sent 

Coupon-mad

OK so double check that all your documents and exhibits and statements are included and that they haven’t sneaked in any extra letters that never happened (I’ve seen a fake ‘offer to settle/drop hands’ letter sneaked into a bundle once, a letter that was never received  and most likely never existed).

And when you reply to them you can give them your updated costs assessment.  Don’t be surprised if they  ‘raise you’ and retaliate with a scary higher one!

sadwithoutmynelson

UPDATE : - so I had my court costs hearing which was somewhat interesting.  

I was told by Gladstones they will be using representation.  

On the hearing ,I was made aware that the solicitors for the claimant were using a represntative not employed by them. 

Sadly for the claimant the representative had to apologise as he/she had been told this was a hearing and not a costs hearing. The representative was completely baffled and could only apologise as there was little to nothing the representative could say. The DJ made it clear this was simply costs.  

Unfortunately I was unable to claim £95 for half a day anls £95 in law is apparently max amount that can be claimed for the full day . 

DJ said the claimant acted unreasonable in not going ahead with the claim on the morning of the last hearing . DJ also stated it was an abuse of process the claimant having 2 cases on me for the same thing. 

As a result I was awarded my set aside fee back and three half a days at £47 so just under £400 as opposed to the £625 I tried to claim on the premise of £95 for the half day 

DJ wouldn't take into account any prep time as apparently that's not considered by the courts. 

DJ also stated that I have not left off legally anything else I could have claimed for. So that was something. 

DJ said this brings a matter to a close and also took note of the harassment from claimant. 

So overall I'm glad this is over but with now the other permit issue starting, I'm feeling a little like found a pound and lost 20p 😄. 

I have appealed that pcn but when looking at the ticketing site,it seems my permit was upside down for some reason,be it the driver was in a rush or I really don't know. I did contact the MA who said they would reply but haven't. I once again mentioned the white list and harassment of these vultures not that they care.  

I stand by the fact nonetheless that I was parked outside my property in my freehold space so if need be will go through the motions again.  Just waiting for a response from them before next steps  . 

Overall I'm glad the last 1.5 years is over from them processes and pcns and hearings . I just wish I was awarded something to reflect the many hours of work or stress, but at the same time I feel no amount really would have made a difference. All just to park peacefull outside my own house. 

Thanks everyone for your ongoing support.  

Snakes_Belly

Pleased to hear that is one monkey off your back even though you did not get all the costs that you wanted. 

Hopefully you will be able to bat the next claim off.

The real villain is the management company. Hopefully the new CoP will help people like yourself by making it mandatory for  management companies to produce a white list.

Please tell your story by commenting on the new consulatation even if you do not comment on every section. The management company will have to produce a white list if they are required to by law.