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ES Parking Enforcement

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  • billinghamn
    billinghamn Posts: 58 Forumite
    claxtome wrote: »
    Not sure when you go to court but expect it is very soon.
    We are all routing for you.
    Good luck and you know where we are if you have any last minute questions.
    Stay calm, arrive early, let's hope they discontinue which will help your counterclaim.

    My personal thoughts->
    I hope you manage to stick two fingers up at ES.
    Nothing would give me greater after my 2 run-ins with them.
    1-0 would be a good scoreline tomorrow night(Wed) and for you :)

    I like your thinking! I appreciate your support and of course everyone else's come to that!

    I dropped off the Defendant's Bundle at the court yesterday morning, and ended up driving to Gladstone's as well, to hand deliver a copy to them. They have been having email issues, so couldn't get a soft copy to them. No one can say we haven't done everything we can to ensure a fair game is played out in court.

    We are in court on Wed (tomorrow) afternoon. We are all prep'd and ready to go. Just need to gen up on some of the arguments just in case we get any questions from the Judge or Claimant.

    I'm hoping tomorrow will be a double celebration too. A 1-0 scoreline is fine by me, as long as we are on the right side! That applies for both challenges; us vrs ESPE and England vrs Croatia.


    It's coming home...
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    Should have raised this earlier but "costs" include the defendant's costs and the Lay Rep's costs too. Don't forget to ask for them as well. Everyone is entitled to representation and not necessarily a solicitor so add those in and ask for them on the day. Shy bairns and all that.

    https://en.wiktionary.org/wiki/shy_bairns_get_nowt
  • billinghamn
    billinghamn Posts: 58 Forumite
    IamEmanresu wrote: »
    Should have raised this earlier but "costs" include the defendant's costs and the Lay Rep's costs too. Don't forget to ask for them as well. Everyone is entitled to representation and not necessarily a solicitor so add those in and ask for them on the day. Shy bairns and all that.

    https://en.wiktionary.org/wiki/shy_bairns_get_nowt


    I'll have to ask for Lay Rep's costs on the day - not included in the Schedule of Costs. As you say, if you don't ask, you don't get! What's the worst that can happen? The Judge says no and we haven't lost anything.
  • billinghamn
    billinghamn Posts: 58 Forumite
    Gladstones are trying to ring my wife - I assume to talk about the case and an opportunity to settle perhaps? Unfortunately, she isn't available until tonight, so we will have to wait and see what happens!
  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Oh - that sounds like they plan to discontinue! They were trying to talk her into a last gasp settlement, I bet. When people tell them to do one, they then fold. :D
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • meagainin
    meagainin Posts: 58 Forumite
    Good luck!
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    Gladstones are trying to ring my wife - I assume to talk about the case and an opportunity to settle perhaps?

    If they are calling to settle, you should have a copy of CPR 46.5 with you by the phone so you can discuss with them which LiP costs they will accept and which they will reject. Clearly if they can make you a reasonable offer (no more than 2/3rd of a solicitor's uncapped costs) then there is no need for either party to attend.

    The list is extensive so they may be on for some time.
    46.5

    (1) This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

    (2) The costs allowed under this rule will not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

    (3) The litigant in person shall be allowed !!!8211;

    (a) costs for the same categories of !!!8211;

    (i) work; and

    (ii) disbursements,

    which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person!!!8217;s behalf;

    (b) the payments reasonably made by the litigant in person for legal services relating to the conduct of the proceedings; and

    (c) the costs of obtaining expert assistance in assessing the costs claim.

    (4) The amount of costs to be allowed to the litigant in person for any item of work claimed will be !!!8211;

    (a) where the litigant can prove financial loss, the amount that the litigant can prove to have been lost for time reasonably spent on doing the work; or

    (b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in Practice Direction 46.

    (5) A litigant who is allowed costs for attending at court to conduct the case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

    (6) For the purposes of this rule, a litigant in person includes !!!8211;

    (a) a company or other corporation which is acting without a legal representative; and

    (b) any of the following who acts in person (except where any such person is represented by a firm in which that person is a partner) !!!8211;

    (i) a barrister;

    (ii) a solicitor;

    (iii) a solicitor!!!8217;s employee;

    (iv) a manager of a body recognised under section 9 of the Administration of Justice Act 19851; or

    (v) a person who, for the purposes of the 2007 Act2, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).
  • billinghamn
    billinghamn Posts: 58 Forumite
    Thanks for your advice guys. Due to Gladstones having email problems, we haven't seen anything from Gladstones as of yet. They didn't manage to speak to my wife yesterday, and they haven't attempted to ring so far today.


    My wife plans to ring the court just before we set off, to see whether anything has changed. Will let you know what happens later today.
  • billinghamn
    billinghamn Posts: 58 Forumite
    Quick update: Gladstones pulled out at the (very) last minute. Will provide a more detailed update later including exactly what happened re claiming costs.


    Glad it's over...
  • claxtome
    claxtome Posts: 628 Forumite
    First Post Combo Breaker First Anniversary
    Fantastic :) :T
    So 1-0 for you let's hope for the same result tonight...
    Time to :beer::j
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