Claim Form - DCB Legal / Northwest Parking Management

hj100

Hi just giving this thread a bump for further advice requested in comment above. 

Thank you

DE_612183

Have you contacted the court to see if your original email as per coupon-mads post has been received, and what the Judge has ordered / decided based on that?

hj100

DE_612183 said:

Have you contacted the court to see if your original email as per coupon-mads post has been received, and what the Judge has ordered / decided based on that?

I haven't thanks for the suggestion - will do that.

Gr1pr

hj100 said:

DE_612183 said:

Have you contacted the court to see if your original email as per coupon-mads post has been received, and what the Judge has ordered / decided based on that?

I haven't thanks for the suggestion - will do that.

It would be foolish not to, seeing as you have elected to run your case yourself,  as an LiP

hj100

Hi after emailing the court 3 times I finally received a response today:

"The court file and your emails dated 7/6/24, 16/7/24 and also 24/7/24 were referred to District Judge x indicating your concerns and the judge has indicated :-

“The hearing remains listed”

I'm unsure as to what to expect at this hearing given it is a hearing for their application rather than the hearing for the case against me as such. Do you think I will be expected to contribute in any way or am I simply to attend to confirm key facts?

Thanks 

Coupon-mad

It should be quick, maybe ten minutes, and they should talk about their application.

You might have to contribute to say why the claim should be struck out or dismissed due to failure to plead it properly, per Part 16.

Read CEL v Chan and CPMS v Akande as shown in @Le_Kirk's 'judgments' thread link. Akande is new and the learned Judge explains why poorly pleaded parking claims like this fail to meet Part 16.  Let those cases speak for you and tell the Judge they are both appeal cases, thus they are 'persuasive'.

hj100

Hi just to update, the hearing of their application took place today and took no longer than a few minutes, it was quite frankly a waste of my time attending it in person and the DCB representative even turned up late.

The judge simply said he was going to reinstate the case and we would receive a new hearing date within the next 21 days. He didn't say why he was reinstating the case and asked if either party had anything to say. I pointed out my point again about Part 16 and the poorly pleaded parking claims but the Judge said that would need to be saved for the next hearing.

The DCB Legal representative mentioned to me after the hearing that my argument about the POC wouldn't stack up because they only have limited characters in the claim form. I know this has been raised within one of the appeal cases you mentioned which I read but I felt he was trying to scaremonger me a bit into giving in to the case.

LDast

Read paragraphs 9 and 10 of the CPM v Akande appeal and use that argument in your defence/WS:

https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&dl=0