No 30 day extension requested too late.

Goldfinch_1997

OK I have a court date and received a WS from DCBL today but can't actually open it.  I was worried it was my device and tried to access via a second device but the PDF still didn't open - plus although in it's title it states that it's 78 pages long the doc size is 0 KB.  

Coupon-mad

Reply and tell them.

Have you filed & served yours?

Goldfinch_1997

Thanks yes emailed them yesterday and not heard back yet.  

I have pulled my together but wanted to read through theirs before submitting.  I do still have a few days but time is tricky (due to Christmas and bank holidays etc)

Coupon-mad

Goldfinch_1997 said:

Thanks yes emailed them yesterday and not heard back yet.  

I have pulled my together but wanted to read through theirs before submitting.  I do still have a few days but time is tricky (due to Christmas and bank holidays etc)

One last thing...vital please. 

Urgent: have you seen/done this Inquiry which closes on Friday? A favour PLEASE if you want this litigation incentivised model to be stopped:

https://committees.parliament.uk/committee/102/justice-committee/news/198166/new-inquiry-justice-committee-launches-new-inquiry-on-the-work-of-the-county-court-amid-capacity-and-resource-concerns/

I've been posting about it on threads to encourage victims of parking claims to please use your claim form as evidence to tell the Justice Committee that consumers need a bespoke 'parking pre-action protocol' designed to keep cases out of court.

Please do it within days. 

The Inquiry closes on Friday. They extended the deadline by a week:

https://committees.parliament.uk/work/7972/work-of-the-county-court/

Relevant Inquiry because the reason there are delays in the work of the county court is because up to a THIRD of all claims under £1000 are parking.

Your paperwork will be great evidence. This is about showing how parking firms abuse the court service. You can also tell them what a minefield it has been with over-complicated  language, unclear legalese Orders and pre-action paperwork treating you like a 'debtor'!

Tell them that your case has dominated your entire year in 2023. 

Tell the Committee how you feel about parking claims causing such consumer harm.

And it is the wrong approach that the MoJ says it is 'expanding' to accommodate rogue claims from bulk litigators (who they call 'customers') rather than realising that the system is being abused, and taking urgent steps to review and stop the half a million parking claims per annum (and immediately relieving the court burden).

There should be a bespoke private parking protocol to resolve cases without court, and an ADR set up by the DLUHC.

I think if enough people say the above sort of stuff, this Justice Committee will go and talk to the DLUHC guys I'm dealing with, and hopefully recommend a new pre-action protocol to stop the claim tsunami.

This inquiry is currently accepting evidence

"The committee wants to hear your views. We welcome submissions from anyone with answers to the questions in the call for evidence. You can submit evidence until Friday 22 December 2023."

Thanks! 

  

Goldfinch_1997

The judge found in my favour telling the solicitor for One Parking Solutions that their claim was baseless and should never have been bought to court (unrealistic, legalist case).   The judge then requested a guide from me in terms of costs and calculated the mileage and total to be paid to me.

However, after a late statement from the OPS's solicitor he will allow them to appeal the case having originally refused it (they raised a specific case that I didn't catch the name of (Wilberham or something similar) solicitor involved did not speak very clearly and was asked constantly to repeat what he was saying by the judge.

If they do appeal the decision where does this go next?  Is it a case of submitting defence and WS etc again? 

The judge at Hereford (didn't get his name - would it have been the same one listed on the Notice of Trial?) did suggest that my defence could have been better (that I didn't include something I should have), so I'll need to work on that a bit.  

Thank you all for your help...I may need more yet 
 Let's hope that the inquiry moves swiftly to stop all of this.
 

Coupon-mad

The judge found in my favour telling the solicitor for One Parking Solutions that their claim was baseless and should never have been bought to court (unrealistic, legalist case).   The judge then requested a guide from me in terms of costs and calculated the mileage and total to be paid to me.

However, after a late statement from the OPS's solicitor he will allow them to appeal the case having originally refused it (they raised a specific case that I didn't catch the name of (Wilberham or something similar) solicitor involved did not speak very clearly and was asked constantly to repeat what he was saying by the judge.

If they do appeal the decision where does this go next?  Is it a case of submitting defence and WS etc again? 

The judge at Hereford (didn't get his name - would it have been the same one listed on the Notice of Trial?) did suggest that my defence could have been better (that I didn't include something I should have), so I'll need to work on that a bit.  

Thank you all for your help...I may need more yet 
 Let's hope that the inquiry moves swiftly to stop all of this.
 

WELL DONE!

ANOTHER ONE BITES THE DUST!

Sorry we didn't reply...I didn't see your post as a batch from 3rd Jan got marked as 'read' (a recent glitch of the supposedly improved forum - drives me mad!).

Anyway, keep your paperwork for six months in case, but I doubt they will appeal because these facts are nothing like the appeal case of OPS v Wilshaw (but if they do appeal, pm me immediately please).

"The defendant was visiting Llangrannog on that day to see family on Mother’s Day.
The village was busy and once parked up the defendant attempted to pay for parking at the cash only machine.  The only machine available onsite was out of order and not taking any cash payments.
4.         The alleged breach of contract here is based on payment being made after the grace period had lapsed but the grace period details were not clearly displayed or defined and not sufficient due to a frustration of contract as alternative methods of payment were not possible in the time."

Finally, I am still needing an image of an OPS PCN (front & back) for the thread below.  Could you help please Goldfinch_1997 ?

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

Goldfinch_1997

Thank you.  

Re: PCN will do, it’s from March 2022.  I’ll add the pics to the post.


 

Coupon-mad

Thankyou v much.  Yes, a POFA version NTK:

https://forums.moneysavingexpert.com/discussion/comment/80512263/#Comment_80512263