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What to do if an IPC AND BPA member?
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No
You will now get a letter from Gladstones telling you they've asked for a special direction that the case is dealt with on the papers only and with a copy of their DQ
You will ignore this.
You will only complete your DQ when you receive it from the court, with a Notice of Proposed Allocation to the small track telling you when you must submit it by. At that stage you send it back and object to a hearing on the papers and ask for a transfer to your local court.
Any chance you could avoid choosing Cardiff as your local court, as they are not very motorist friendly. Port Talbot is quite good. Swansea's hit and miss. No idea about the others around Cardiff - eg Pontypridd, Bridgend etc.
After that the papers will be sent to your local court, a judge will look at them and issue a timetable for the final hearing, service of witness statements etc.
The only thing I might do is when you send in the DQ, do a covering letter saying that as the PoC are so brief and since Millennium didn't comply with its pre-action obligations (paras 3, 6(a) and 6(c) of the Practice Direction - Pre-Action Conduct) you are in difficulties in defending the claim properly. Millennium are notorious for only properly particularising the claim at the witness statement stage. Therefore, could the court please either stay the proceedings and order proper particulars, and evidence, of the claim be produced (including a copy of the landowner authority) - which it has the power to order under para 15(b) of the same Practice Direction - or can it please order that witness statements be served SEQUENTIALLY rather than simultaneously so that when you file your own evidence it is with an understanding of what the claim is and how it will be proved (neither of which you have now).Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Latest updates:
Received letter from Gladstones with a copy of Millennium's DQ which is not filled in at all...? Also it say's on the letter 'our client has elected not to mediate' and that they'd be happy to listen to any payment proposal, and as you said they are requesting it to be heard on papers alone.
Received DQ from court, therefore I shall fill this in and send with your covering letter idea above. It say's return to the court at the address provided, would it be ok to email to ccbcaq@hmcts.gsi.gov.uk where I previously emailed the defence?
Lastly, I was hoping to select Cardiff court but now i'm a little concerned... are my chances that slim there? And if i did select Port Talbot it asks why, so what would you say?0 -
DQ and letter emailed, I have selected Newport court.0
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Hi all, just a further update on this case:
The Claimant did supply their witness statement, evidence and parking protection agreement (although there is no mention of any parking scheme on the lease which I have!) They also supplied this information just before the deadline for sending in my witness statement, so I've had no time to taylor it if you like to their statement.
The hearing will take place on Tuesday, is there anything else you would recommend I do? It looks like they will be going ahead with this...
Should I apply for costs? And what costs am I allowed to apply for?
Thanks0 -
I have not read your thread thoroughly.
Did you submit your witness statement and evidence on time?
The NEWBIEs thread post #2 provides links about what costs you can claim.
Gist is normal costs are parking on the day, travelling costs and up to £95 loss of earnings I think. You need to submit your costs at least 24 hours before the hearing.
One suggestion which I would do is to produce a skeleton argument.
This is a document that outlines your case and tears apart their WS.
I think of it as a document that has written down what you want to say on the day.
There are ones linked in the NEWBIEs thread or you are welcome to look at the one I produced in '1 big car park' thread.
I would send them both to court and Claimant on Monday and take copies of both for the day in case they get lost.
HTH0 -
So my Court Hearing was yesterday, this is how it went:
- Witness Statement was sent and accepted on time yes
- Submitted my schedule of costs with it
- We were called in 15 minutes early so luckily I had turned up early!!
- I had turned up with lots of evidence, Claimant had turned up with barely nothing but a map of site and pictures of the ticket on my car, she hadn't even visited the site to take pictures of signage etc and had to look at my pictures just to see what I was talking about when explaining poor signage
- Judge came to a quick decision that the registered keeper IS liable! so moved on to next point
- After looking at the lease in great detail he could see there was no mention of any parking permit schemes but concluded that there was one line that said the tenant needs to comply with the management rules so he dismissed that
- It made no difference whatsoever that I lived there and that the whole point of a parking scheme is to keep out non-residents.
- After dismissing a few other points he said the key argument that will decide this case is the signage, "if I find it adequate then a contract has been made with you"
- Although I had clear photographs in the day and night to prove poor visibility and no light AT ALL at night (when ticket was issued), I was told that I could have altered the aperture of the pictures so not good enough as evidence... Well sorry but if a picture isn't good enough evidence YOU HAVE ABSOLUTELY NO CHANCE! Up until that point I was pretty confident, I couldn't have done more...
- I had other pictures which were also dismissed
- Conclusion- As 'the driver at the time' drove in, the beam of his lights would have crossed one of the other signs for other parking zones, it's at this point the driver should have left the vehicle to check it out, I tried explaining that the vehicle wasn't parked in the zone where that sign governed and where the vehicle was parked there was no clearly lit sign... it fell on deaf ears
- I wasn't allowed to say anymore...
- I was ordered to pay the Claimant £100 (parking fine) £25 (court fee) £75 (interest) = £200
The Judge was a very intelligent man who went through everything in fine detail but he kept finding excuses that I just didn't buy on my main defence points, I will never understand how a crystal clear picture cannot be accepted!?
The Claimant was a very friendly lady during our mid session break, asking me lots of questions, telling me that I was very confident compared to most she comes againts (put my guard up a bit I must admit), in court she was a bit sharp with me at times when I questioned her, I remained calm throughout.
Although the papers said the hearing would take up to a maximum 1 hour, it lasted 3 hours!! I had the feeling the Judge quite enjoyed the case, he stopped half way through and commended us both on our conduct and how we had represented ourselves well. The claimant was very friendly with me when we walked out, she thought I was going to win apparently and she felt the Judge was on my side... not so sure about that!
Thanks very much to you all for all your help on this, but if I was to give advice to anyone after my experience, it would be that if you're not 100% confident at the start... ring/email them straight away to see if you can get out of it, if not then just pay it straight away! The amount of my life, time, stress and money this has taken out of me is simply not worth it! Between everything it has probably cost me around £500 (including loss of earnings)...
Hope this helps anyone else out there!!1 -
Hi
Today I received a parking charge (not a penalty or fine) through the post from UKCPS for parking 96 minutes at a Forest Retail Park in Sutton in Ashfield, do I have to pay this 60 or 100 after 14 days.0 -
Hi
Today I received a parking charge (not a penalty or fine) through the post from UKCPS for parking 96 minutes at a Forest Retail Park in Sutton in Ashfield, do I have to pay this 60 or 100 after 14 days.
This thread is a year old and for a completely different parking company and completely different circumstances to yours.
Please read the sticky thread for NEWBIES then send the appeal template you will find here.
Use the Forum Jump "GO" button you will find at the top and bottom right hand corners of this page to get to the main page where you will find the NEWBIES thread.
If you need further help, please start your own thread, not hijack someone else's. That way you will get bespoke help for your case.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
I’m trying to read the newbies thread #2 but I can’t find it?0
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Littleconfused wrote: »I’m trying to read the newbies thread #2 but I can’t find it?
go to the top of this parking forum
the top thread is POPLA DECISIONS
the next one down is the NEWBIES FAQ sticky thread
click it
scroll down past post #1 to the second post , post #2
read it0
This discussion has been closed.
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