LBCC - County Court Claim - Enterprise Parking Solutions

1505grandad

"I've tried to emphasise the machine log in paragraphs 9 and 10 and how they can't prove that that I didn't register/pay as they don't have any machine logs to prove it."

Of course they can prove that you did not register/pay because as I clearly stated (even highlighted) the fact that

YOU CLEARLY STATE ABOVE YOU ADMIT NEVER MAKING A PAYMENT. Both in the Defence and now presumably the filed and served WS signed under a Statement of Truth.

" Had the parking charge been clear to the defendant, the defendant would have willingly cooperated and paid for the service.)"

Para 9  -  should you be talking about machine logs not being provided by the claimant as you clearly state above the you admit never making a payment?"

happych4ppy

finally got their WS through, late. The deadline was 11th but they didn't deliver to till the 23rd. What can I expect to happen next? When I got to court do I need to explain myself or will the judge just make a decision. My argument is still that the signage was inadequate but will I still need to explain things such as the abuse of process etc? thanks

Le_Kirk

You need to ask the judge as a preliminary matter that the late delivered WS is not allowed and must be struck out.  Some judges seem to take a lenient view of lateness from claimants (even though they are supposed to be the professionals) and may well allow it!  If the judge asks you to say anything, just make sure you have gone through your defence and your WS and written yourself a crib sheet of the important points you want to raise.

happych4ppy

Le_Kirk said:

You need to ask the judge as a preliminary matter that the late delivered WS is not allowed and must be struck out.  Some judges seem to take a lenient view of lateness from claimants (even though they are supposed to be the professionals) and may well allow it!  If the judge asks you to say anything, just make sure you have gone through your defence and your WS and written yourself a crib sheet of the important points you want to raise.

Thanks, is this something I should do before the court date? or ask on the day?

I'm putting together my crib sheet but not sure I understand the abuse of process and the lack of land authority bits well enough to explain it. Is there a more simple explanation that will help me understand what i'm trying to argue?

thanks

Le_Kirk

You ask on the day of the hearing; raise it as a preliminary matter - use those words.  We don't use Abuse of Process any more (yours must be a non-recent defence) but call it "double recovery" and it relates to a PPC trying to get paid twice - once in the £100 PCN and once again using the now outlawed "debt admin" fees.  A PPC must have authority from the landowner to pursue motorists to court for alleged non-payment of parking charges.  In the WS that you eventually received from the claimant is there a copy of a contract between the PPC and the landowner?  That's usually a good starting point to see what the contract states.

Coupon-mad

To understand why a PPC cannot add fees they haven't incurred, read the DLUHC's Ministerial Foreword of the new Code of Practice.

happych4ppy

Le_Kirk said:

You ask on the day of the hearing; raise it as a preliminary matter - use those words.  We don't use Abuse of Process any more (yours must be a non-recent defence) but call it "double recovery" and it relates to a PPC trying to get paid twice - once in the £100 PCN and once again using the now outlawed "debt admin" fees.  A PPC must have authority from the landowner to pursue motorists to court for alleged non-payment of parking charges.  In the WS that you eventually received from the claimant is there a copy of a contract between the PPC and the landowner?  That's usually a good starting point to see what the contract states.

There are two pieces of paper in their WS that look related to a contract between Enterprise and the land owner 1) a page called "Enterprise Parking Solutions Contract Service Agreement with a bunch of terms, signed by Enterprise and the Client (although the client's name is redacted) and 2) another page also called "Enterprise Parking Solutions Contract Service Agreement" with a birds eye picture of the land, Site details, conditions and some other stuff. This second page is signed by the client but all other names/signatures looks like it has been redacted.

Is there anything in particular I should look for that would make this void?

Thanks again

Coupon-mad

Is it the landowner?  The named company, are they the actual landowners?

Le_Kirk

This is regularly posted by @Fruitcake: -

In the recent Court of Appeal case of Hancock v Promontoria (Chestnut) Limited [2020] EWCA Civ 907 the Court of Appeal are now clear that most redactions are improper where the Court  are being asked to interpret the contract.
The document must in all normal circumstances be placed before the court as a whole. Seldom, if ever, can it be appropriate for one party unilaterally to redact provisions in a contractual document which the court is being asked to construe, merely on grounds of confidentiality...confidentiality alone cannot be good reason for redacting an otherwise relevant provision...

Also look up sections 43 & 44 of the companies act regarding signatures because it is important that they are signed in accordance with that act.  Also are they contracts or service agreements?

happych4ppy

Coupon-mad said:

Is it the landowner?  The named company, are they the actual landowners?

It's the company but I can't discern if they own the land or not. Shall I post a copy here or is that not a good idea?