Parking charge - permit on show but not in bay

[Deleted User] · 11 October 2017 at 1:37PM

Ok, I think that this has become more complicated than it needs to be. Forget about a draft order - I propose simply the "am I missing something?" approach and see if the Court reaches a similar view....

XXXX County Court
[address]

FAO: Claims and Case Management

Dear Sirs

[Case Name]
[Claim Number XXXXX] and [Claim Number YYYY]

I am the Defendant in both of these matters which appear to have been issued within days of one another by the Claimant.

The Claimant's claim relates to multiple parking charges on the same land, insofar as I can ascertain from the scant Particulars of Claim. The contract terms concerned (if any) and location are common to both claims. It is unclear why two sets of proceedings have been commenced against me, unless this is to reduce the amount of court fees payable. The purpose of this letter is to request from the Court that the two claims can be consolidated into a single set of proceedings. At present I face dealing with two claims, with the need to prepare separate statements of case for each and, potentially two trials. I believe that this is unnecessarily time consuming for me and a poor use of the Court's resources.

If the Court is so minded to consolidate the claims, I should be grateful if the Court could consider whether it is appropriate to ask the Claimant to prepare consolidated Amended Particulars of Claim in respect of both actions setting out clearly the nature of each of the claimed charges and the nature of the contract and any breach. At present, my defences have had to rather predict the nature of the Claimant's argument from the single sentence that appears on the claim form. This does not help to narrow the issues where each of the parking events (more than 4 tickets are claimed for) may involve separate facts/alleged breaches of contract.

I look forward to hearing from you.

Yours faithfully.

Laura_Higgs_76 · 11 October 2017 at 1:43PM

Johnersh wrote: »

Ok, I think that this has become more complicated than it needs to be. Forget about a draft order - I propose simply the "am I missing something?" approach and see if the Court reaches a similar view....

XXXX County Court
[address]

FAO: Claims and Case Management

Dear Sirs

[Case Name]
[Claim Number XXXXX] and [Claim Number YYYY]

I am the Defendant in both of these matters which appear to have been issued within days of one another by the Claimant.

The Claimant's claim relates to multiple parking charges on the same land, insofar as I can ascertain from the scant Particulars of Claim. The contract terms concerned (if any) and location are common to both claims. It is unclear why two sets of proceedings have been commenced against me, unless this is to reduce the amount of court fees payable. The purpose of this letter is to request from the Court that the two claims can be consolidated into a single set of proceedings. At present I face dealing with two claims, with the need to prepare separate statements of case for each and, potentially two trials. I believe that this is unnecessarily time consuming for me and a poor use of the Court's resources.

If the Court is so minded to consolidate the claims, I should be grateful if the Court could consider whether it is appropriate to ask the Claimant to prepare consolidated Amended Particulars of Claim in respect of both actions setting out clearly the nature of each of the claimed charges and the nature of the contract and any breach. At present, my defences have had to rather predict the nature of the Claimant's argument from the single sentence that appears on the claim form. This does not help to narrow the issues where each of the parking events (more than 4 tickets are claimed for) may involve separate facts/alleged breaches of contract.

I look forward to hearing from you.

Yours faithfully.

Thank you for taking the time to write this up for me. I think sometimes the terminology bogs me down so I apologise!

I will use the above for both cover letters and send the DQs off separately.

Thanks again!

Laura_Higgs_76 · 13 October 2017 at 2:27PM

Sorry another quick question - I received GS documents by email so I was goign to email them my documents.

I have just read in their email signature that they don't accept service of documents by email. Does this mean I need to send them through the post? If so, how comes they can send me documents by email?

Loadsofchildren123 · 13 October 2017 at 2:34PM

Part 18 doesn't actually apply in small claims.
Part 18 is the procedure for formally requesting information and documents.

Many people (myself included) send a part 18 request anyway. The PPC invariably ignores it.

Part 27 of the CPR (the bit that applies exclusively to small claims) says that a judge may order a party to produce information (and this process is supposed to be a stand in for part 18) - see R27.2(3). However, like the PPC, the court is unlikely to pay any attention to it. I think this request is best made in a covering letter when you send back your DQ, which is when a judge will actually sit and look at the file.

So either just send them a Pt 18 request, or write to the court and ask them to order the C to produce the information under 27.2(3) explaining why it's relevant and why it's necessary at this stage.

[Deleted User] · 13 October 2017 at 2:47PM

Technically no documents can be served by email without calling first to clarify you agree and confirm the size of attachments permitted. The practical reality is often different, but there is no presumption that email service is OK.

If it's inconvenient for you to accept emails, tell them that they have not served you and await paper copies. If they have expressly refused emails (as they have) you MUST serve by post.

Loadsofchildren123 · 13 October 2017 at 3:00PM

Gladstones always says it doesn't accept service by email. I can't remember where, maybe on their letterhead?
Having said that, I emailed everything to them and they didn't object once, or claim that service hadn't been effected.

Laura_Higgs_76 · 13 October 2017 at 3:16PM

Thanks Johnersh! Ah that is interesting Loadsofchildren. In the email I got from them it stated it in their email signature. I will post to be on the safe side but might email if need be in the future and see if they object.

Laura_Higgs_76 · 13 October 2017 at 3:17PM

Loadsofchildren123 wrote: »

Part 18 doesn't actually apply in small claims.
Part 18 is the procedure for formally requesting information and documents.

Many people (myself included) send a part 18 request anyway. The PPC invariably ignores it.

Part 27 of the CPR (the bit that applies exclusively to small claims) says that a judge may order a party to produce information (and this process is supposed to be a stand in for part 18) - see R27.2(3). However, like the PPC, the court is unlikely to pay any attention to it. I think this request is best made in a covering letter when you send back your DQ, which is when a judge will actually sit and look at the file.

So either just send them a Pt 18 request, or write to the court and ask them to order the C to produce the information under 27.2(3) explaining why it's relevant and why it's necessary at this stage.

Thanks! I kept seeing part 18 appear on these sort of threads so good to know! As Johnersh helped, I requested the court request they amend their particulars of claim. I think I will do this in every covering letter moving forward.

Thank for the advise!

safarmuk · 13 October 2017 at 4:20PM

Thanks Johnersh! Ah that is interesting Loadsofchildren. In the email I got from them it stated it in their email signature. I will post to be on the safe side but might email if need be in the future and see if they object.

I would first post it to them and get a free "proof of posting" receipt from the post office.

Then scan the "proof of posting" receipt and email it along with you pack to GS letting them know you have served via the post as well. CC your email and/or another of your email addresses when you do this so you can prove delivery.

That way nobody at GS can claim they never had sight of your papers.

Laura_Higgs_76 · 13 October 2017 at 4:23PM

safarmuk wrote: »

I would first post it to them and get a free "proof of posting" receipt from the post office.

Then scan the "proof of posting" receipt and email it along with you pack to GS letting them know you have served via the post as well. CC your email and/or another of your email addresses when you do this so you can prove delivery.

That way nobody at GS can claim they never had sight of your papers.

Thanks Safarmuk! I nearly just put it in the letterbox. Shall do this instead as I am sure they will try to get away with these things

Parking charge - permit on show but not in bay

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free