Fluttering parking ticket

Janetx

Thank you Coupon-mad your above message regarding the draft order .......has been amended by my daughter......Thank you Also I pm'd................  as you suggested but so far I've had no reply. I did google the Judge and she has a background in Commercial Law.... and if she is the  judge, she also sits in Port Talbot sometimes and this may be her posted below...
Millennium v 'JackBasta' Port Talbot C2GF3V4A 31/05/2017. DJ Bennett.
I think that we may quote this case as well when we submit....   

Janetx

Wednesday, 31 May 2017

Millennium lose in Port Talbot

Millennium v 'JackBasta' Port Talbot C2GF3V4A 31/05/2017. DJ Bennett.

This thread on MSE contains the full story.

Millennium were resurrecting an old parking charge dating back to the summer of 2012.

The motorist represented themselves. Millennium were represented by their employee, India Beavan. The claim was filed by those well-known incompetents, Gladstones Solicitors, with the factually challenged Helen Cook signing the claim.

At which point the Judge said "You've pretty much fallen on your own sword here. I'm dismissing the claim."

Coupon-mad

Remove this from the end, to get it all on a single Word page and leave the dates blank for the Judge to fill in:

There are sufficient grounds for the court to decide to strike this claim out without a hearing.
As a result of the Claimant’s unreasonable behaviour the Court is respectfully invited to order the Claimants to pay the Defendant’s costs on an indemnity basis and such as are allowable, pursuant to Civil Procedure Rule 27.14(2)(g).
Dated 21.04.2020

Lose a line here by bringing up 'it is ordered that' and add an extra line about costs, and if you have to, close some gaps further up, to keep this to one single page Order:

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. The test in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 is met and pursuant to Civil Procedure Rule 27.14(2)(g), the Claimant is to pay the Defendant's fully pleaded costs in the sum of £xxx.xx within 14 days of service of this order.

3. 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

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. 

Janetx

Thank you so much Coupon-mad....... my daughter will amend it...... 

Coupon-mad

Make sure she puts the costs figure in to match your final total (that you wish the court to consider awarding on the indemnity basis) in your signed & dated 'summary costs assessment' so it's been properly broken down and pleaded/assessed by you.

I feel most people won't get their costs at this early (pre-hearing) stage but you can but ask!  And strike outs will be good if we can get some...let's hope DJ Bennett gets where you are coming from.

Janetx

Well the draft order has been submitted along with supplementary WS and a few cases for the Judge to refer to. I compressed the folder, but the Court replied saying they couldn't open it so had to send separate email to include all the files. I will let you know what reply I receive from the Court. Fingers crossed it is positive news and the Judge has the sense to strike it out. Thanks everyone for the help you have given, I know you all work tirelessly to help us to try and beat the scammers. 

Janetx

From the 6 April 2020 a statement of truth must now be in the following form (depending on the document being verified):

“I believe that the facts stated in [these/this] [Particulars of Claim/Witness Statement] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”
For those yet to submit docs to the Court the above has changed.

Coupon-mad

That's good to have that noted here, as I am pointing people to read your thread & copy/adapt what you submitted!

Janetx

I have complained by email to my MP for Swansea, Geriant Davies and the Welsh Assembly AM Julie James, regarding what has happened to my Daughter, the Welsh Assembly are the Landowners (Land Registry Title number CYM337242)  of this car park SA14B,  which is just off the big roundabout as you enter the SA1 Waterfront,  Langdon Road, Old Swansea Docks.
However, as shown in Excel Parking Ltd, particulars of claim and the alleged agreement/contract they have the wrong address and post codes.
The car park  address they refer to in their particulars of claim and the alleged agreement/contract is  car park A14 Kings Road Swansea SA18PL  The post code and address for the actual car park that my daughter parked in is  A14B, Langdon Road, Prince of Wales Dock, Swansea SA1 8AL............. and not SA1 8PL or  SA1 8QY or SA1 8AG as quoted by Excel Parking Ltd!
I really do hope that this important distinction of wrong addresses and post codes  and the Land registry title number helps  everyone else who is subjected to their fraudulent actions at this car park in Swansea SA1!

My daughter has already submitted to the court by email, for the attention of DJ Bennett, the draft order, kindly exampled for us by Coupon-mad, a supplementary witness statement, further Land Registry, exhibits/evidence and the relevant court cases recommended  by Coupon-mad  and revised costs order. She has also sent copies to Excel Parking Ltd  by email. We await the Judges decision on a strike out/abuse of process. Thank you Coupon-mad,thank you all.

Janetx

Mon, 11 May 2020 9:42
Geraint Davies Geraint.davies.mp@parliament.uk

Thank you for contacting me. I am writing to inform you that I have written to Minister for Transport on your behalf to raise your concerns. 
 
I will write to you again when I have a reply. In the meantime, if there is anything else I can do for you, please do not hesitate to contact me.

Regards,
Geraint Davies MP
Member of Parliament for Swansea West

House of Commons
London, SW1A 0AA

32 Walter Road, 
Swansea,
SA1 5NW

Tel/Ffon: (01792) 475943