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CST Law - Stansted McDonald's Carpark - MET Parking Services edit: *court date*

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've just had another letter to say that as a result of an order made, it's been transferred to a different court.
    What order?
  • nightfly99
    nightfly99 Posts: 34 Forumite
    10 Posts
    KeithP said:
    I've just had another letter to say that as a result of an order made, it's been transferred to a different court.
    What order?

    "as a result of an order made on 15 april 2024, this claim has been transferred to the Count Court at...."

    Notice of Transfer of Proceedings is the header.
  • Le_Kirk
    Le_Kirk Posts: 24,744 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    KeithP said:
    I've just had another letter to say that as a result of an order made, it's been transferred to a different court.
    What order?
    "as a result of an order made on 15 april 2024, this claim has been transferred to the Count Court at...."
    Notice of Transfer of Proceedings is the header.
    Is that better or worse for you?
  • Mikeh2001
    Mikeh2001 Posts: 84 Forumite
    Second Anniversary 10 Posts Name Dropper
    If it's Luton or Bedford could be an effort to get it allocated for paper determination 

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51zc-the-small-claims-paper-determination-pilot

    (Not seen anything about extension beyond June yet though)

  • nightfly99
    nightfly99 Posts: 34 Forumite
    10 Posts
    Hey to anyone who is following.

    I have a court date hearing for the middle of July. It is being done by CVP, so not sure if that's a good thing or a bad thing. Better than a paper determination?

    I'll go through all the paper work as I've literally just received it, then have a check up on the forum threads as the best way to proceed and present my case.

    Cheers for all help so far.
  • Coupon-mad
    Coupon-mad Posts: 153,389 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hey to anyone who is following.

    I have a court date hearing for the middle of July. It is being done by CVP, so not sure if that's a good thing or a bad thing. Better than a paper determination?

    I'll go through all the paper work as I've literally just received it, then have a check up on the forum threads as the best way to proceed and present my case.

    Cheers for all help so far.
    CVP is OK because at least you can see the Judge's face and body language and can tell which point to press on with and which he/she isn't interested in.  

    You are at WS stage. The NEWBIES thread even gives you an a-f list of suggested exhibits. No idea why most posters seem not to read that list... but you sound like you are on the case.

     :) 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nightfly99
    nightfly99 Posts: 34 Forumite
    10 Posts
    Hey to anyone who is following.

    I have a court date hearing for the middle of July. It is being done by CVP, so not sure if that's a good thing or a bad thing. Better than a paper determination?

    I'll go through all the paper work as I've literally just received it, then have a check up on the forum threads as the best way to proceed and present my case.

    Cheers for all help so far.
    CVP is OK because at least you can see the Judge's face and body language and can tell which point to press on with and which he/she isn't interested in.  

    You are at WS stage. The NEWBIES thread even gives you an a-f list of suggested exhibits. No idea why most posters seem not to read that list... but you sound like you are on the case.

     :) 
    Yeah, there's so much info here, I'll be fine. Will update in due course.
  • TRIO74
    TRIO74 Posts: 64 Forumite
    Third Anniversary 10 Posts Name Dropper
    Hi Nightfly, glad to see that the end is close on your journey. I am still waiting to hear back regarding a date for my hearing.

    Let me know how you get on with pulling your case together, as our timelines have been pretty close and we are both dealing with the joke that is Stansted Mcdonalds.
  • nightfly99
    nightfly99 Posts: 34 Forumite
    10 Posts
    TRIO74 said:
    Hi Nightfly, glad to see that the end is close on your journey. I am still waiting to hear back regarding a date for my hearing.

    Let me know how you get on with pulling your case together, as our timelines have been pretty close and we are both dealing with the joke that is Stansted Mcdonalds.
    Yeah of course, no worries. I have it in my calendar to get it buttoned up this coming week. 
  • nightfly99
    nightfly99 Posts: 34 Forumite
    10 Posts
    Well, things got pretty hectic around here for me personally, but I've thrown some words down this evening. I've got until Monday to get it sent off (the letter isn't overly clear from the court, but would it be safe to say that my WS and supporting evidence gets emailed to the court direct and not the generic email address I have been using for previous correspondence?).

    I haven't finished, but could do with some advice. Not sure if Beavis is relevant here? I feel like the PoC should be enough to win me this, but failing that, the notoriety of the absurdity of this carpark should be apparent to the judge. I just need to add some more meat. I feel kinda uncomfortable adding c&p from other WS' and this forum for which I do not fully understand what it is referencing/referring to. I'm sure this must be common for others too. I just don't want to be caught out in front of the judge for my lack of understanding.

    _________________

    WITNESS STATEMENT

    _________________

     

    1.      I am XXX. and I am the defendant against whom this claim is made. The facts I’ve provided below are true to the best of my knowledge.

     

    2.      I deny that I own or have ever owned the vehicle with the registration XXX as per the Particulars of Claim provided by the Claimant. I do not confirm nor deny that I have ever driven this vehicle, but I do not recognise it.

     

    3.      The Particulars of Claim (See Exhibit A) are poorly worded and there is now a persuasive Appeal judgement (case: Civil Enforcement Limited v Chan) to support striking out the claim based on badly written Particulars of Claim. The dates that the Claimant have mentioned are also very confusing and badly written; with the date of the alleged breach being mentioned as “2021-11-21” and the date of interest being added from “19/12/21” which would indicate interest being added 2 years prior to the alleged breach of contract.


    4.      A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16.  On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4 (See Exhibit B).


    5.      Similarly, in the County Court at Peterborough on 27th October 2023 and the County Court at Reading on 21st December 2023, both District Judges struck off the claims before even reaching the hearing stage due to inadequate details in the Particulars of Claim (See Exhibit C).

     

    6.      Furthermore, as the Defendant should be aware, they had a case struck out in April 2024, at the exact same location as the alleged breach in this case. (See Exhibit D).

     

    7.      The Particulars of Claim do not state what terms and conditions were breached, it does not specify who the owner or driver is and is adding interest from a date two years prior to the alleged breach. This case should be struck out.

    8.      Notwithstanding paragraph 2, I know this car park very well as I live close by. On the surface, this is a simple one way in, one way out car park with both a Starbucks and McDonalds restaurant located next to each other. By all intents and purposes, this is one car park that is owned by the Claimant. Unfortunately, as the Particulars of Claim do not state what terms and conditions have been breached, I can only assume that the alleged breach has been an over-stay of 90 minutes or, what this car park is notoriously known for, that the Claimant has divided the car park into two separate car parks and is alleging that the breach has been that someone has parked on one side of the car park and gone into the ‘wrong’ restaurant (See Exhibit E).

     

    9.      To highlight the absurdity of this car park and its owners (the Claimant), comedian Joe Lycett did a segment on Channel 4 which makes a mockery of this car park and ultimately, this case (See Exhibit F).

     

    10.  I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.


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