Biting back with a vengeance

Car1980

Summary Judgment applications really are for open and shut cases, but the problem is that everybody always thinks their case is open and shut.
They can go on just as long as normal hearings. As the case isn't allocated to a track, costs are not limited. So beware that if you fail - and the sole purpose is to prevent it going to a normal hearing - you could easily end up owing the parking company £500 in costs even if you win at the final hearing.

GettingOnInYears

I sent the Full Summary Judgement application yesterday and having logged on to MCOL today I see that both defendants are showing as - A bar was put in place for CP Plus Ltd on 05/11/2025 and the same for Ranger Services. 
How does this affect things as they have both submitted a defence already. 
Since the bar was placed they have both been sent Direction Questionnaires.
It's a bit of conundrum. Can I write to the court and ask that since the defences have been procedurally barred,  to simply rule in my favour unless the defendants obtain permission from the court to set aside the bars.
In other words - to allow my claim even before looking at my Summary Judgement application.
The bars were placed a fortnight ago so they have had ample opportunity to seek that permission.

GettingOnInYears

Things are progressing. I cancelled the summary judgement as I really want the case to be heard in court with both parties present. I know for a fact that I'll break down into an emotional heap when I come to my personal circumstances regarding my wife's Alzheimer's. I just can't help it - I did the same at the doctor's on Saturday.

I have done loads of research and come up with a compelling case that has now been allocated to Middlesbrough County Court on the 27th April for a 3 hour slot.

All of my previous posts about the witness statements etc are now binnable as I have a significantly more comprehensive witness statement made out. For those members who want to take a pre-emptive look, the whole bundle is in the file below.

https://drive.google.com/file/d/1tfBtS5MWIUifti0rkKqKbSfWe_TKDDOH/view?usp=sharing

Coupon-mad

Amazing work, especially considering all you are going through. I love fight-backs like this. Popcorn is out!

knightstyle

I have just read that and want to say a big thank you to the claimant.

What a lot of work and I am sure others will use your claim to draft similar claims in the future.

GettingOnInYears

https://forums.moneysavingexpert.com/discussion/comment/81927627#Comment_81927627

Better still - the Deputy District Judge Crowe who is allocated the case is a barrister whose specialities include Data Protection matters.

GettingOnInYears

It took me well over 150 hours in front of the computer using Microsoft Co-Pilot. That tool was exceptional but it had to be used with caution and each bit of advice or info had to be double checked for accuracy. Nevertheless it was invaluable.

GettingOnInYears

You can also pick up on the traps I built into the ongoing emails. I didn't need a SAR but knew they'd get it wrong. The many times I asked for stuff including a request as to who in Nexus made the decisions on this stuff so I could potentially go further up the management ladder - which was completely ignored, as I knew it would - then a discussion at the very last minute to prevent going to court and to resolve the matter amicably were all set to show how ignorant and lacking in compliance to the CPR rules they were.

I'm looking forward to the hearing and really don't expect anyone from Nexus to appear. I think they'll probably appoint a local solicitor, who frankly would be out of his depth, especially since the defendants have already admitted lack of signage.

Coupon-mad

"especially since the defendants have already admitted lack of signage.

Which they lied to POPLA about, I think?

GettingOnInYears

The day draws near.

I mistakenly thought I'd paid the hearing fee but hadn't so the case was dismissed. An N244 application got it back and the hearing is on Friday this week. I'm so pleased and looking forward to it.

I got both witness statements from CP Plus and Ranger Services yesterday and they've screwed up badly again. Apart from meaningless defence statements which still include acknowledgement of the absence of an entry sign, they sent various supportive documents including the contract between CP Plus and the landowner to operate as the management company. And this is where I nearly crumbled into a swirl of dust - I was laughing so much.

The contract is only signed by the landowner, and no signature is there from anyone on CP Plus's side. That makes the contract invalid which exacerbates their total lacklustre defence. The funny thing is that I didn't even request the contract. I think they provided it to add to the paperwork, as without my requiring it there was no issue with their contractual right to operate.

I'm now working on rebuttal of both witness statements - which in any case play no part in a defensive strategy.

I'll post back on Friday when the case has been heard