Court Papers received - draft abuse of process defence

Castle

Umkomaas said:

beamerguy said:

nosferatu1001 said:

As for the Ds employers costs? Not a cat in hells chance. 

I tend to agree but it's not a no go area.  Parking Eye v The Barrister says they can do it, if they want to

Nicholas Bowen QC (and a senior QC to boot). BBC Middle East Correspondent Jeremy Bowen's younger bruv. 

https://www.legalcheek.com/2017/08/parking-company-sues-top-qc-loses/

But I'm not sure the damages awarded to him were related to any losses his employer might have suffered. 

My best guess is that Mr Bowen QC was self employed.

MC12345

So back on point, after the amended Defence (thankyou) and 6 page Southampton document is sent off the Newbie thread talks about what happens next. Then at some point the witness statement is required, the newbie thread lists the items below the line

As her Defence is the standard one, are the only exhibits required that the witness statement refers to :

 item (i)  from the list below

and her exhibit of the parking payment taken from credit card ?

Sorry if that seems like a silly question. Just trying to get all the ducks in a row,

Below copied from newbie thread

_____________________________________________________________________________________________

Once allocated to your local court, you WILL be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours - YOU are the witness).
At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should at least include:

(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
(b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc.
(c) maybe a video of how it looks from a car? Get a passenger to hold a camera or phone and record the lack of signs in similar light conditions.
(d) if you are defending as keeper, not driver include a copy of Schedule 4 of the POFA - there is a link in post #1 above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.
(e) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
(f) case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted the right to park or unload, you need Jopson v Home Guard (appeal) and PACE v Mr N, etc.
(g) the IPC or BPA Code of practice, where it supports your case (e.g. grace periods) but be sure to use the RIGHT version for the date of parking.
(h) Pay & Display ticket, if the driver paid. DON'T argue 'no loss'!
(i) the Approved Judgment from Southampton, plus paras 98, 193 and 198 from Parking Eye v Beavis copied & pasted onto a single sheet.

Umkomaas

MC12345 said:

This is starting to fly far away from a simple private parking charge issue. If the OP wants to explore the outer echelons of case law on unreasonable behaviour, it would be best for him to take proper legal advice. Free initial advice from the LegalBeagles forum would be a good starting point.  

Hey, I'm just exploring the limits of how best to apply the boot to the firm

Barry Beavis tried to apply the boot to ParkingEye through various courts, even having pro bono QCs representing him, culminating in a groundbreaking case at The Supreme Court ..... which went badly wrong, contributing to the mess we are currently in and one of the main reasons why thousands upon thousands of motorists are now being sued, where previously it was only a small handful.  Just trying to help manage any expectations on how much of a 'boot' can be applied.  Think more fluffy bedroom slipper.

My advice about testing out the legal precedents in the context of 'unreasonable behaviour' through LegalBeagles forum still pertains. It is a forum focused on legal issues and is frequented by a number of legally qualified contributors. 

MC12345

Should Appendix B schedule 2 of Consumer contract terms (unfair terms) go in there also as ChefDave had in his supplemental witness statement Bundle ?

MC12345

Umkomaas said:

  Think more fluffy bedroom slipper.

Coupon-mad

MC12345 said:

Should Appendix B schedule 2 of Consumer contract terms (unfair terms) go in there also as ChefDave had in his supplemental witness statement Bundle ?

 Not at your stage now, but yes at WS stage; it's helpful to the Judge.  But you don't have to exhibit statute law. At Southampton in the Britannia v Crosby case,  I rocked up having never mentioned the CRA before.   DJ Grand reached for his book of statute laws with relish when I raised it, and the barrister for BW Legeal sunk in his chair and protested that he didn't have a copy.  I provided him with one.  He was silent.

MC12345

Upon receipt of the court papers an email was sent to the solicitors saying we hadn’t received PCN and a payment was made, this is their response that other half received today. I presume it changes nothing and carry on as normal, if anything it shows we have tried to resolve this out of court at the first opportunity we had available ? 

Good Afternoon,

 

In regards to your letter, the PCN was issued correctly as there was no payment registered for your vehicle. As per the signage on site, you must make payment either via the pay and display machines, or Parkonomy, within 10 minutes of entering the car park, and by entering the full and valid vehicle registration of the vehicle that is being parked.

 

On both the day of the contravention, and the following day, there is no record that matches your vehicle registration therefore the PCN was issued correctly.

 

All correspondence was sent to the address that was provided to us by the DVLA, for which we have a certificate of postage for each one. It is the responsibility of the keeper to ensure that the address held by the DVLA is up to date and correct.

 

If you wish to complain further, you can do so via our accredited trade association, The IPC (IPC link)

 

Kind regards

MC12345

sorry response above is from the parking firm (not solicitors). 

(Can you edit posts in this site ??)

Coupon-mad

(Can you edit posts in this site ??)

You can once you've been here a bit longer.  It's to stop newbies spamming on arrival and editing posts for their own ends.

That reply changes nothing at all.  Crack on with emailing that signed/dated defence and Sotoon case PDF to the CCBCAQ email addy.

MC12345

So the Defence was filed on the 1st July 2020, is showing as registered on the MCOL site. Today Defendant (my other half) has received an email from Gladstones stating,

Dear Miss xxxx

 We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

 You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

 Yours sincerely,

Someone on behalf of Gladstones (Litigation Assistant)

There is their completed N180 attached. Where they have selected they are prepared to mediate.

Do we just wait until we receive official N180 request from the court. Will this come through as an email request notification from MCOL ?

Sit tight and do nothing for now ?