Equality Act and Private Land Parking issues

ally50

Fruitcake said:

Look up estoppel, cause of action estoppel, and Henderson v Henderson. Drip feeding cases goes against the requirements of the court pre action protocol, and wastes the courts' time. It is therefore unreasonable behaviour.

Plan A is still a complaint to the landowner and your MP, especially now you have a court win under your belt. You then need to go back through the whole rigmarole of defending the new claim(s), but this time ask for ordinary costs plus costs for unreasonable behaviour.
Mention estoppel in your defence and at every point and in all your complaints.

Hi, 
I had a hearing a month ago it was adjourned, cause of action estoppel was considered and final hearing is in two weeks time. I now need to submit a WS, how and how much should I ask for ordinary costs and plus costs for unreasonable behaviour? Many thanks

ally50

Hi, 
I had a hearing a month ago it was adjourned, cause of action estoppel was considered and final hearing is in two weeks time. I now need to submit a WS, how and how much should I ask for ordinary costs and plus costs for unreasonable behaviour? Many thanks

Coupon-mad

The usual costs rules apply.  Read the exact CPRs that you mentioned at the end of your defence (assuming you used our template which states those costs rules).

ally50

Coupon-mad said:

The usual costs rules apply.  Read the exact CPRs that you mentioned at the end of your defence (assuming you used our template which states those costs rules).

I did so under CPR 27.14(2)(g)such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

Coupon-mad

Yeah that's just one half of the rules (the costs you are least likely to get).

What about ordinary costs?

ally50

Coupon-mad said:

Yeah that's just one half of the rules (the costs you are least likely to get).

What about ordinary costs?

Once again, thank you so much for all advice and assistance to win. 

The judge strike out the claim, another win. Back to back three wins against the same greedy ppc  
but little disappointed that the judge did not talk about the costs !

Do you think I should make a new claim for "ordinary costs and / or unreasonable behaviour under CPR27.14?

At the end of the day it costs undue stress, money and time...

Coupon-mad

You won at a hearing? Hooray!  Did a legal rep turn up for the parking firm?

ANOTHER ONE BITES THE DUST!

Do you think I should make a new claim for "ordinary costs and / or unreasonable behaviour under CPR27.14?

No, not now. If you had a hearing, it was for you to ask for your costs at the end. Too late now but hey - 'three out of three' ain't bad.

ally50

Coupon-mad said:

You won at a hearing? Hooray!  Did a legal rep turn up for the parking firm?

ANOTHER ONE BITES THE DUST!

Do you think I should make a new claim for "ordinary costs and / or unreasonable behaviour under CPR27.14?

No, not now. If you had a hearing, it was for you to ask for your costs at the end. Too late now but hey - 'three out of three' ain't bad.

Yes, I won at the hearing. their legal rep did not turn up. 

ally50

I am going to challenge a penalty charge notice (PCN) for parking with the local council that issued it. it is first time that i have got a pcn from a local council. Do the same procedures apply ?

Basically  there was a signage for parking suspension in front of three shops door number 2-6-8. there was no signage for shop number 4 so I parked my car there for a few minutes only to load my shopping. I sent them photos evidence that my car was in front of door 4 where there was no suspension signage. however  they reject my representation  and sent me "notice of appeal" form.

Any help/advice is appreciated, many thanks

Fruitcake

ally50 said:

I am going to challenge a penalty charge notice (PCN) for parking with the local council that issued it. it is first time that i have got a pcn from a local council. Do the same procedures apply ?

Basically  there was a signage for parking suspension in front of three shops door number 2-6-8. there was no signage for shop number 4 so I parked my car there for a few minutes only to load my shopping. I sent them photos evidence that my car was in front of door 4 where there was no suspension signage. however  they reject my representation  and sent me "notice of appeal" form.

Any help/advice is appreciated, many thanks

The process for council tickets is different. Whilst a handful of regulars on this forum may be able to help, you would be better taking this over to our friends on the Free Traffic Legal Advice forum as they are the police and council motoring experts.

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