Reply To Defence - E S Parking Enforcement - Manchester

Umkomaas

Cryptjitsuu said:

Update: 


"Dear Mr    We act for the Claimant.    In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing on 06/05/2021. We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.  

Regards"


So.... Do I win by default?

Absolutely not!  You have to defend it fully, including attending the hearing (probably telephone, but the court will determine the method). 

While the Claimant themselves won't be in attendance (very few PPCs risk exposing themselves to a Judge's questioning) they could well pay for a legal representative to attend and put forward their case. 

This is not over!

Redx

No , that is a typical follow up letter , a preamble , hors douvres

It is rare for a client to attend court

You only win if the claimant submits a discontinuance , or in Court , neither has happened

Cryptjitsuu

So very strange outcome here. 
Gladstones failed to submit evidence/witness statement. I apparently delivered mine a day late & I failed to deliver it to the claimant (because they hadn't submitted one to me) so to be fair the judge decided to delay things & appoint a new court date. 
This does however give me an opportunity to form a much better witness statement & supply better evidence. 
Gladstones/ES has supplied their witness statement to me already despite us yet receiving a second date so am looking to get cracking on mine promptly.
To fight it like for like I will upload their witness statement, is their any further information than MY personal information I need to redact or do I need to redact the claimants too?

Cryptjitsuu

Here is the evidence I intend to rely on for lack of clear signage which is the main brunt of my argument as to why this charge is null. Is there anything else I should try and get? A video maybe of me approaching in the dark with someone filming what it would look like?

hxxps://ibb.co/txbSzS2

hxxps://ibb.co/Lz3dFTx

hxxps://ibb.co/KsQg9Qx

D_P_Dance

Have you read this.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Cryptjitsuu

D_P_Dance said:

Have you read this.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Good read. IMO it's a pretty clear cut case with the sign being completely illegible both on entry to the land and especially if like me you end up parking directly in front of it. I just want to be certain that this goes in my favour as have already wasted enough time on this. 

One thing I am unsure about is what is eligible for evidence of "loss of earnings" on the day of the court date. I am a self-employed consultant so will be going for the maximum amount of cost's awarded possible but how can I actually give evidence of this? 

Umkomaas

One thing I am unsure about is what is eligible for evidence of "loss of earnings" on the day of the court date. I am a self-employed consultant so will be going for the maximum amount of cost's awarded possible but how can I actually give evidence of this? 

The most you're getting is £95.  Ordinarily, for an employed person, it would be a couple of wage slips showing wages/salary level. It's trickier for a self employed defendant, with some Judges refusing any loss of pay, especially if you do a lot of work from home, telling them to catch up in the evening ..... but don't take that as a foregone conclusion. I'd take a few invoices showing your day rate, or if all you do is supply your time to clients, you could take balance sheets and P&L accounts. Lot of faff for £95 perhaps?

Cryptjitsuu

At this point, it's the principle aha. Can easily supply invoices and billed hours to clients. 

Umkomaas

Cryptjitsuu said:

At this point, it's the principle aha. Can easily supply invoices and billed hours to clients. 

That's perfect, hopefully a Judge will agree ....... if it ever gets that far!  

I tell you what might be a good ploy, why not include in your Costs Schedule the Ordinary Costs of half a day's daily consultancy rate (half a day is all you're entitled to, and then only up to £95 - but leave it to the Judge to trim it down), then under Other Costs for Unreasonable Behaviour X days @ £Y = £Z.  You'll need to be sensible with the number of days 'consumed' and you'll need to itemise them and for what purpose - reading, research, consulting experts etc (a good consultant can easily knock out that sort of list .... and attach a daily rate to it! 😄).

While you're never going to get that amount awarded in a month of Sundays, it might just cast a doubt in ESPEL's mind that losing to you might cost them quite dear, and push them closer to a tipping point of discontinuation. There's no penalty for putting in exorbitant costs, it's never stopped a PPC in the past. 

Cryptjitsuu

Great idea @Umkomaas.