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Late for replying to Claim Form
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The only Euro Parking Services case listed for tomorrow is at Birmingham County Court, case no. E5GF56C9 at 12:00pm.
Make sure you get there by 11:30, to allow time to go through the security scan, find out which hearing room you are in, and report to the Usher.
Take copies of all paperwork (sent and received) with you, and dress as if going for a job interview.
Address the Judge as Sir or Madam, don't interrupt when the Judge or the other side's advocate is speaking, you will get your turn.
Also take a pen and notepad to jot down everything the Judge says, so that you can come here afterwards with a detailed report.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
DefiantNewbie wrote: »Hi All,
The hearing is tomorrow, I called the court and they said the case has not been withdrawn. I will have my witness statement printed (including pictures). Any last minute advice ?
Take everything, including proof that you sent the WS and evidence to the Claimant (print out the sent item email), as they often lie that they never received the WS from the victim.
As bargepole says, take all your evidence and a copy of your original defence, the lot.
And a wage slip (to claim your salary or loss of leave, as a daily rate up to £95) and your costs schedule to hand to the Judge at the end if you win, to claim your costs for attending (see costs schedule in the NEWBIES thread if you've not done one yet).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 THREAD0 -
Hi all amazing people on here. I can confirm now, the case was dismissed entirely and I was awarded £95 for my costs. It feels really really good right now! and it is all thanks to your amazing support! I couldn't put any value on the work you do on here and the advice you give to many like me, day in day out.
on how it went:
The guy who came was not from Gladestone solicitors, it was an employee of Euro Parking Services, it is the one who signed their witness statement. First the judge asked him if he was a lawyer, and if he is not he should have asked a permission represent. Another issue she asked was why the PCN issuer did not make the witness statement? Anyway she allowed him to represent them.
The judge listened to both of our arguments. At the end she said leave everything else I will judge the day and what happened. She asked me how long before I return to my car, I said 11 minutes (btw the guy argued that was the grace period). I told the judge, the sign was in a high place I could not see while sitting in a car, I had to come out of the carpark to check, then went to queue on ticket machine, by the time I was back the pcn was issued. She thought that was fair assessment for 11 minutes, she said it is not important it was 11 or 15 minutes or 9, the important I was following a process. The guy said PCN issuer mentioned there was no queue, she said it is not in the witness statement that you have submitted and you were not there. all in all she dismissed the case. I show her my payslip and the fact I lost over £100 earnings just by taking the day off, I also told her because of their action, my data has been breached and spread across many companies that I did not give permission. She did not give me the data breach money (she said it is not for small claims court to prove there was a damage related to your data in different places), she also said she would not award a value on harassment. She allowed the maximum £95 for the cost and they should pay within 14 days! I loved how he was quiet and bowing his head on the way out!
I am sure many have said thank you before, but I just want to say it is really genuine big big THANK YOU! for staying with me on this journey0 -
well done m8
a win on grace periods where following the correct legal process and not trying to sc@m the p & d car park of a few quid held sway over the greediness
common sense and good intentions won the case, not petty clock timings
a salutary lesson about being honest and the flexibility of grace periods wins the day
well done
any data protection issues should be raised with the dvla and ultimately with the ICO0 -
Just seen this one - and wanted to add, very well done!
Another one bites the dust!
:TPRIVATE '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 THREAD0
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