County Court Papers / Smart Parking

Beechy74

Hi guys,
Little update. The SAR has been received and it includes the photo's of the alleged contravention. Times, dates etc. 
There is something that i wondered about. The date the the registration was clocked was 19/10/2018. The date of issue was 29/10/2018 but the date at the top of the letter is 16/11/2018. I'm assuming thats when they sent it out. So obviously it would have been received after 16/11/2018. Therefore thats more than 28 days from the original contravention. Am i clutching here or is there something in that which could work in our favour? I thought they had to send it within 28 days...

Cheers, Dave 

Coupon-mad

How does the timeline make any difference when you already know this is a non-POFA NTK anyway?    I never understand this, why do people posting here count the days when they know and have been told that this is not a POFA NTK and that the keeper can't be held liable by it, regardless of the date it was sent?

That's a good thing, BTW. 

Read your replies from January again, you already knew the dates don't matter because it's non POFA anyway, regardless of date posted - and the keeper is the Defendant and there's no evidence of the driver - haha!

nosferatu1001

what you do is state
- its a non POFA NtK which the claimant has confirmed
- even if they later switch and try to claim they can use POFA, it fails because....

Beechy74

Good evening. An update on this came today. It was due to go to court on June 6th but the court has sent instructions out which hopefully ive attached...Any advice would be greatly appreciated

Beechy74

There is also another page that has the following ;-
3. Upon receipt of the filled in forms the Court will notify the parties whether the final hearing will still take place on the date and time already supplied (and if not when) and if it is still going ahead, the court will will also give directions about how the hearing will still take place.

4. The order has been made on the courts own initiative, and any party affectedmay apply to have the order set aside, varied or stayed, by making an application within 7 days of this order being served upon them. There will not be an application fee for making such an application.

Coupon-mad

The options 1, 2 & 3 only give you 2 bad options. Not three!  Phone or 'on the papers'.

You must comply with the order by liaising with Smart Parking so take the initiative and read the TELEPHONE HEARINGS thread and make this your priority this week.  No-one here is telling you to 'agree' to pay anything but you have to liaise and talk about a draft order.

This Judge sounds like she wants to get rid of cases - very unfair against a LiP who is fighting a dodgy PPC.

Beechy74

Thankyou,
There is another page to follow on from 'courthome2' pdf posted above. You probably guessed that but i've attached it anyway...
Ive had a good read of the thread(s) you suggested and i'll start by posting a rough draft order, originally  posted by nuremberger06.  Would this be ok to send once ive filled in the xxxxxxx etc?

Draft Order                                                                            In the County Court at XXX

Claim Number: XXXXX

Date: XXXXX

 

 

 

 

SMART PARKING (Claimant)

XXXXX (Defendant)

 

Before Her Honour Judge xxxxxxxxxxx sitting at the County Court at xxxxx, xxxxx,xxxxx on xxxxx xxxxx.

Upon reading the court file

 

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

The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant is contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2014 Schedule 4 nor with reference to the judgement in Parking Eye v Beavis, which expressly approved the parking charge because it included costs of administration. Additionally, s71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision additional charges falls into examples 6, 10 and 14 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.

 

Dated xx xxx xxxx

nosferatu1001

You need to work out yuor reasins for why option 3 is the  best one. 

Le_Kirk

Beechy74 said:

KeithP said:

Doesn't the second list in my 21 January at 7:42PM post go some way towards addressing this?

Hi KeithP, thanks, I've downloaded the questionnaire but the link to bargepoles post 'what happens when' post doesn't work but found it via the search tool.
Questionnaire filled in. I have a few daft sounding questions ;- Is it best to print off and sign by hand, then rescan and send? Or is just typing the defendants name in the signature box ok?  
Do i also send the questionnaire to Smart Parking or Gladstones?
Thanks again,

KeithP said:

Hi KeithP, thanks, ive downloaded the questionnaire but the link to bargepoles post 'what happens when' post doesn't work but found it via the search tool.

Yes, sorry that link doesn't work. It's the new forum software that's messed it up.

The link does work BUT it takes you to the last post in the thread, it needs changing to: -
https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

Beechy74

nosferatu1001 said:

You need to work out yuor reasins for why option 3 is the  best one. 

Thankyou,
We havent a lot of reasons really.  I'm the defendants representative. Obviously with C-19, we cant be in the same room for a phone hearing to take place. However, would the court simply tell me to also ring the number to connect to the hearing?
The defendant owns a little Taxi office and has to be there most days just to keep it running. Again, does it sound a bit lame?