Assistance reviewing my defence to submit next week

Coupon-mad

zigg123 said:

Does anyone know if it is ok to submit an email to the parking firm?

And to the court.  No going there in person!

Not to the actual PPC if they are using a solicitor though.  Obviously it goes to the solicitor.  But maybe Excel filed the claim themselves?

You still have the word 'offense' in there and maybe penalty (both are wrong, it is neither).

I found the final line you added to your section about Excel v Smith confusing.  There is NEVER a possibility of agency agreements between family members using the family car to go shopping, otherwise if your wife or family member ran over a pedestrian on the eay home, you'd be liable under the law of agency.  Clearly not!

Also please refer to Excel v Smith as a 'persuasive appeal case' so the Judge realises it's not just another county court decision.

1505grandad

Para 13  -  reference to BPA CoP but the claimants are IPC AoS members (as stated in para 26)

zigg123

Coupon-mad said:

zigg123 said:

Does anyone know if it is ok to submit an email to the parking firm?

And to the court.  No going there in person!

Not to the actual PPC if they are using a solicitor though.  Obviously it goes to the solicitor.  But maybe Excel filed the claim themselves?

You still have the word 'offense' in there and maybe penalty (both are wrong, it is neither).

I found the final line you added to your section about Excel v Smith confusing.  There is NEVER a possibility of agency agreements between family members using the family car to go shopping, otherwise if your wife or family member ran over a pedestrian on the eay home, you'd be liable under the law of agency.  Clearly not!

Also please refer to Excel v Smith as a 'persuasive appeal case' so the Judge realises it's not just another county court decision.

Thanks for help with this.

I issued a hardcopy only it in person to the Birmingham Justice as required by the paperwork I got through in the post ie it only gave the hardcopy option.

Only security was there funnily enough at 15:10 day before Christmas Eve.........who figures

I emailed a copy and also sent a hardcopy to Excel who are handling the claim  (they changed from Elmslegal to Excel right after I submitted my defence).

Birmingham Justice security made me drop my Witness Statement into the dropbox.  I am thinking I should also notify by email that I dropped it off in time and also send an email copy of the Witness Statement. Do you think necessary? I have a picture of me dropping it into the dropbox and security said I could drop my mask and look into the camera to prove dropoff time.

Is the email address same as where submitted defence CCBCAQ@justice.gov.uk ?

Happy Christmas all and hope you have a great New Year.

zigg123

1505grandad said:

Para 13  -  reference to BPA CoP but the claimants are IPC AoS members (as stated in para 26)

Thanks much appreciate Happy Christmas

KeithP

zigg123 said:

Coupon-mad said:

zigg123 said:

Does anyone know if it is ok to submit an email to the parking firm?

And to the court.  No going there in person!

Not to the actual PPC if they are using a solicitor though.  Obviously it goes to the solicitor.  But maybe Excel filed the claim themselves?

You still have the word 'offense' in there and maybe penalty (both are wrong, it is neither).

I found the final line you added to your section about Excel v Smith confusing.  There is NEVER a possibility of agency agreements between family members using the family car to go shopping, otherwise if your wife or family member ran over a pedestrian on the eay home, you'd be liable under the law of agency.  Clearly not!

Also please refer to Excel v Smith as a 'persuasive appeal case' so the Judge realises it's not just another county court decision.

Is the email address same as where submitted defence CCBCAQ@justice.gov.uk ?

Definitely not.

Google courtfinder for your court's email address.

zigg123

Interesting I am being asked to attend in person today at Birmingham Justice. Will feed back on outcome thanks for all the assistance getting here

zigg123

I have just seen that this is "a dispute resolution hearing is a preliminary hearing with a full range of powers set out in the Civil Procedure Rule 27.6"

Is that normal for a parking event? Is there anything special I should do? I know in newbies section states I should reject claimant wanting to take me aside and pressure me to settle, but this is a dispute resolution hearing is that not the same thing?

Coupon-mad

it's similar, only with a Judge pressuring for settlement!  The Judge can also decide the case there and then but that's rarer.

Coupon-mad

zigg123 said:

I have just seen that this is "a dispute resolution hearing is a preliminary hearing with a full range of powers set out in the Civil Procedure Rule 27.6"

Is that normal for a parking event? Is there anything special I should do? I know in newbies section states I should reject claimant wanting to take me aside and pressure me to settle, but this is a dispute resolution hearing is that not the same thing?

What happened?

zigg123

Sorry for late reply been on site and did not see notification.

As you said the hearing was to see if we could come to an agreement.

Judge briefly went through my WS and we informally discussed the following:

Judge said that in her opinion the signs were clear (item 9-11). 

I noted that the Claimant had not complied with POFA (Item18) . Claimant agreed and then pointed out that I had said the driver was my partner. I did not remember actually saying this at the hearing and WS just stated we share a car. Surely this means they have to cancel this case and then sue my partner? I was not sure what to say here. Inwardly I wished I had prepared more for this hearing!

I noted I believe I had fully complied with the contract as per item 14 as I now had received !!!!!! of purchase from the bank (I had submitted the notification from the bank to the court the day before the hearing as was not available when submitted my WS). I noted the sign did not say anything about the validator and only a qualifying purchase was needed. I also stated there was no penalty noted for not using validator. Judge nodded which I took to be positive.

She seemed to side with me on item 42 regarding Excel vs Smith and Law of Agency

It became clear the claimant was not aware there were four separate shops and he did not know if the PDT showed the validators. I noted that I had asked for proof they were in fact operating and had not been given it. 

I noted as per item 37 & 38 that the contract statement of authority supplied  was not signed by the landowner but by an agent. I said this was not proof without the full contract showing the landowners signature. I noted I had provided a copy of the land registry deed showing who the landowner is. I also advised I could not find the company who had signed it at companies hours. Judge stated normally the contract statement of authority was sufficient and she would review based on balance of probabilities at hearing.

Judge asked if we would be willing to negotiate, claimant offered what they have always offered and I refused.

Next hearing is scheduled for a Wednesday 30th March.

I left there thinking I needed to do a summary document which tied my WS together so I can think coherently (too many words in my WS so did not know where I was) and I should actually read up on a lot more cases so I know what to say. I was unfortunately woefully unprepared I admit and will ensure I do some reading before the next hearing. Any suggestions would be welcome.

Anyway more work to do and with my limited time am wishing I was not having to attend again but it is what it is and am trying to treat it as a learning experience. Was thinking to myself that no wonder parking companies get away with rouge fines as it is a bit of a process and takes a lot of time to defend. I suppose this is what they count on.

I will also need some advise on what I can claim costs and what the claimant can claim. 

The claimant is claiming:

    £100 Parking Charge, initially this was £60 but increase to £100

    £60 Debt Recovery Fee

    £35 Issue Fee

    £25 Hearing Fee

    £50 Legal Representative Fee

    Total Amount £270

Surely I should challenge this?? First two are covered in my WS words. I did not think they could charge the legal fee?

I have submitted a schedule of costs for last hearing. below. Should I include both hearings and parking etc? What can I calim?

    Exhibit 22 - Defendants schedule of Costs

    Ordinary Costs

    Loss of earnings through attendance at court hearing 11/01/2021: £95.00

    Further costs for claimant’s misconduct, pursuant to civil procedure rule 44.11

    Research, preparation and drafting documents (5 hours at litigant in person rate of £19 per

    hour for 5 hours): £95

    Total costs claimed £190.00