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URGENT - Court Action started - PLEASE HELP!
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The university's contract with the parking company says that claims will only be started in certain (unspecified) cases. Their contract has this clause too
Why not contact the Uni and ask them to cancel the PCN's or explain why these have gone forward to court. There must have been authorisation for the action to commence so ask them what was the reason your claim was allowed to progress.9. HPL will cancel, at any stage PCN's at the request of the Landlord. and at no cost to the Landlord.0 -
Thanks for that, I will contact the transport department to see if they can add any light on this.
Any more thoughts on my witness statements before I send them? Is what I have written correct? I need to get them in the post this afternoon :-)
I'll be so happy when this is all over!0 -
IamEmanresu wrote: »The university's contract with the parking company says that claims will only be started in certain (unspecified) cases. Their contract has this clause too
Why not contact the Uni and ask them to cancel the PCN's or explain why these have gone forward to court. There must have been authorisation for the action to commence so ask them what was the reason your claim was allowed to progress.
IamEmanresu - can you tel me where that quote comes from please?0 -
Hi everyone - so I sent my Witness Statements and Exhibits Bundle by registered post to arrive at the Court and Gladstones offices yesterday before 1pm (14 days before our court date of 3rd January in Chichester).
This morning I received the following email from Gladstones:
'Good Morning,
We will shortly serve upon you our client's witness statement in PDF format, please advise whether this is acceptable.'
Since our court date is now only 13 days away I replied with the following:
'Thank you for your email but it is my understanding that the deadline for serving Witness Statements has already passed.'
What I'm asking is how strict is the deadline? Can I refuse to accept their evidence now or ask for the count to discount it as they have failed to comply with the courts directions. Or does it not really matter if they are late.
I still haven't received their Witness statements by the way, just the email saying they will be served 'shortly'. Whatever that means!
Thanks for you help :-)0 -
Hi everyone - so I sent my Witness Statements and Exhibits Bundle by registered post to arrive at the Court and Gladstones offices yesterday before 1pm (14 days before our court date of 3rd January in Chichester).
This morning I received the following email from Gladstones:
'Good Morning,
We will shortly serve upon you our client's witness statement in PDF format, please advise whether this is acceptable.'
Since our court date is now only 13 days away I replied with the following:
'Thank you for your email but it is my understanding that the deadline for serving Witness Statements has already passed.'
What I'm asking is how strict is the deadline? Can I refuse to accept their evidence now or ask for the count to discount it as they have failed to comply with the courts directions. Or does it not really matter if they are late.
I still haven't received their Witness statements by the way, just the email saying they will be served 'shortly'. Whatever that means!
Thanks for you help :-)0 -
Hahaha!
You need to draw this late WS filing to the court's attention at your hearing. Use this case as your reference:
http://parking-prankster.blogspot.co.uk/2016/12/court-report-oxford-another-gladstones.html
Case No. C1GF00T3 PCM (UK) v Alan Johnson, Oxford County Court, 09/12/2016, before District Judge Matthews.
''However, the case never got as far as any of that, as the Defence first raised a preliminary procedural matter. The Court’s directions had specified that all documents should be filed and served not later than 14 days before the hearing, meaning by 24 November. Mr J had received a witness statement of Georgina Philpot, dated 25 November, but in an envelope postmarked 28 November, which arrived on 1 December. The Judge confirmed that the Court copy had been received on 30 November.
The Judge asked Mr Grosvenor (who had been parachuted in at short notice for this case) for an explanation, and as he didn’t have one, suggested he take instructions. After a short adjournment, in which Mr Grosvenor appeared to be shouting into his phone, the best that could be offered was that Gladstone’s were “very busy, and it got overlooked”.
DJ Matthews was unimpressed, and proceeded to give his judgment''PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad I love you! Thanks so much for that! Fingers crossed.0
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Hi everyone!
Thank you to all of those who have helped so far, your guidance has been greatly appreciated. WE ARE IN COURT TOMORROW!!!!! So wish us luck!!
Any last minute hints or tips? The case is listed in Chichester at 2pm.
My husband is going to ask the court if I can be his 'Litigation Friend' so I can answer questions on his behalf, is there a correct way of going about this? Or does he just ask the judge at the beginning and what reason should he give?
Im going to ask them to start with a preliminary procedural matter (namely that their Witness statements were only served 12 days ago, not 14 as ordered by the court.
Will we have to 'present' our case and talk about it or will the judge just ask questions depending on what they have read in our statements and bundle?
Thanks so much!0 -
Take your documents as hard copies even though you have already filed them. e.g.Any last minute hints or tips? The case is listed in Chichester at 2pm.
- case law, cases you have relied upon in your defence
- pics of signs showing them to be unclear, if you have them
- any other evidence you mentioned that needs documentary proof
- a copy of the Beavis sign as a comparison to show a sign held to have 'brief, prominent terms...bound to have been seen'
- and a copy of Schedule 4 (look at 9(2)(f) as I am pretty sure Horizon do not use the right words in their NTKs).
- a copy of Henry Greenslade's words from the Annual POPLA Report 2015 about 'understanding keeper liability'
- proof of this as regards your husband: ''I was living away from home whilst studying for a Post Graduate Diploma at XXXXXXXXXX in London.''
Be careful as he has said you were driving, so be aware the claimant might as a last ditch effort, ask to have you added as a Defendant. Be aware of that and try to win the case anyway to stamp it out!My husband is going to ask the court if I can be his 'Litigation Friend' so I can answer questions on his behalf, is there a correct way of going about this? Or does he just ask the judge at the beginning and what reason should he give?
You will be a 'lay rep' so DO NOT ask for the wrong thing, not a litigation 'friend'! You will be his lay rep, so also take:
- a printed out copy of The Lay Representatives (Rights of Audience) Order 1999:
http://www.legislation.gov.uk/uksi/1999/1225/pdfs/uksi_19991225_en.pdf
and get there half an hour early and tell the usher when you arrive that will be the case, that you are here to be his lay rep. Then be ready to prove your right of audience with that legislation in case the other side objects. You are NOT a McKenzie friend! You are a lay rep so you get to speak, not him.
Remember a lay rep MUST be accompanied by the defendant too, so he can't decide not to come or he loses by default for the whole hog.
Have a look at post 106 here for an account of what happened when:Will we have to 'present' our case and talk about it or will the judge just ask questions depending on what they have read in our statements and bundle?
http://forums.moneysavingexpert.com/showthread.php?t=5070951&page=4
And read this person's account, where they rued NOT taking Schedule 4 of the POFA with them:
http://parking-prankster.blogspot.co.uk/2016/12/ukpc-v-mccarthy-score-draw-no-penalties.html
Have everything well organised in a file and a spare copy for the Judge. They might ask you up front for a brief summary of the main points of defence so have that written out as a little summary - 'unclear signs unlike the Beavis case', 'no keeper liability' no proof of landowner authority or commercial justification', 'different facts from the Beavis case', etc.
OH!
AND BRING A PREPARED SCHEDULE OF YOUR COSTS READY FOR HANDING TO THE JUDGE AT THE END, IF YOU WIN - YOUR TRAVEL EXPENSES, PARKING(!) AND ANY MISSED WORK OR LOSS OF LEAVE, ANY OTHER EXPENSES. IF YOU DON'T ASK YOU DON'T GET.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks - couple of things:
2 of the case file examples I have are from Parking Prankster's blog - Court Report -Oxford - Another Gladstones Epic Fail / Mr Pickups Fun Day Out)
Do I have to explain what the parking prankster blog is? How do I justify it being accurate reporting of those cases?0
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