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UKCPM - Take Two
Comments
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Okay I will sort this ASAP.
Everything else look okay? Do you think that they admitted starting court proceedings early will be my strongest point?0 -
19. The request for information was finally received via email dated 11/11/18. Within this email it was admitted that they had failed to comply with the Pre-Action Protocol and made the following statement: “It has been noted that legal proceedings have been issued prematurely”. (Exhibit 13, page 21,22)
That isn't a defence point, but it is a HUGE point to list ready for if you win, and want to have a good go at claiming costs ''on the indemnity basis due to wholly unreasonable and vexatious conduct'' (like sassii did - see NEWBIES thread re costs schedules). Sassii got 4 figures...
As well as a very high costs schedule, setting out ALL your hours of research and work and reading laws and paperwork, at £19 per hour, plus your other costs and loss of salary/leave and travel to the court, set yourself out a crib sheet to argue that the Claimant's conduct of this claim has been wholly unreasonable pursuant to CPR 27.14, and that they should not have relief from sanctions.
Set the issues out, blow by blow, about their conduct from start to finish. Not your defence, this is anything where they were unfair, late or premature, as regards the claim process. Failure to comply with the PAP and Practice Direction, such as issuing a premature claim, with woefully sparse particulars with no facts or cause of action, and/or serving a late WS if they did, or maybe trying to add papers on the day (if they try say NO!) are all matters that fulfil the test re CPR 27.14[1] as set out in the Green Book (Judges will know...).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
Taken all your points on board. I have a drafted cost schedule nearly ready and those points have been raised within that.
I'll get my WS printed and filed today and make a start on the SA.
Thanks again for the input!!0 -
I will be in court tomorrow morning at Dartford CC. I will obviously let everyone know how I get on.
Any last words of advice?
Also I don’t suppose anyone can find out whether there are other UKCPM cases going through court tomorrow??
Thanks for all the help.0 -
Best of luck tomorrow.Any last words of advice?Also I don’t suppose anyone can find out whether there are other UKCPM cases going through court tomorrow??
https://www.parkingcowboys.co.uk/parking-court-case-daily-listings/Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thanks so much.
Yes SA and Cost Schedule submitted just over three days ago now. Pretty much sorted.
Will check that link out tomorrow morning!0 -
Tips for you and for Denji11:
https://forums.moneysavingexpert.com/showthread.php?p=75427708#post75427708
Wonder if you are at the same court? You might want to pm that poster to ask.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 -
Here's today's list. 48 cases nationally - a crazy misuse of the small claims courts.
Date Court Name Claim No PPC Defendant Stage
2019-02-07 Aldershot E1GM81E1 Civil Enforcement Ciocirlan Set Aside
2019-02-07 Aldershot E5GF7M0J UK Car Park Management Denver Set Aside
2019-02-07 Bedford E6HW2H8F Britannia Parking Group Woodcraft
2019-02-07 Birmingham E2GF6T76 UK Car Park Management Fisher
2019-02-07 Burnley E6GF3J0N ES Parking Enforcement Newton Set Aside
2019-02-07 Canterbury E0DP3K8X National Car Parks Gray
2019-02-07 Canterbury E3DP8K7P National Car Parks Hamed
2019-02-07 Canterbury E3DP5K2P National Car Parks Torble
2019-02-07 Canterbury E4GF3M7R UK Car Park Management Ernest
2019-02-07 Canterbury E5GF9M5R UK Car Park Management Fort
2019-02-07 Canterbury E2GF3M0R UK Car Park Management Hughes
2019-02-07 Canterbury E8HW1M6C UK Parking Control Muradi
2019-02-07 Canterbury E8QZ3N9N Vehicle Control Services Thomas
2019-02-07 Chelmsford E7GM5H13 Civil Enforcement O'mahony Set Aside
2019-02-07 Dartford E0GF2M7R UK Car Park Management Dixon
2019-02-07 Dartford E0GF1M3M UK Car Park Management Marney
2019-02-07 Dartford E4QZ4P0R Vehicle Control Services Soremi
2019-02-07 Derby E5QZ47T1 Excel Parking Services Rothwell
2019-02-07 Derby E8QZ30Q0 Vehicle Control Services Banton
2019-02-07 Exeter E3DP5V5F Premier Parking Solutions Hales Set Aside
2019-02-07 Kingston-upon-Thames E6GF09GT UK Car Park Management Al-khafasi Set Aside
2019-02-07 Leeds E0QZ438W/2 Vehicle Control Services Ball Post Set Aside
2019-02-07 Liverpool E4FC3V44 ParkingEye Park Set Aside
2019-02-07 Maidstone E7DP7K6W National Car Parks Cannon
2019-02-07 Maidstone E2DP4M9E National Car Parks Whyton
2019-02-07 Manchester E3GF6J7N ES Parking Enforcement Beedie
2019-02-07 Manchester E1GF1Q7Y Minister Baywatch Iqbal Paper Hearing
2019-02-07 Manchester D7GF71EK/2 SIP Parking Anderson
2019-02-07 Manchester E4QZ0N1A SIP Parking Duckworth
2019-02-07 Medway E9GF3V9T UK Car Park Management Buckingham
2019-02-07 Medway E6GF0Z2J UK Car Park Management Lunnon
2019-02-07 Medway E9GF7M3Q UK Car Park Management Nisbet
2019-02-07 Medway E9GF6M3Q UK Car Park Management Smith
2019-02-07 Medway E9GF7M8K UK Car Park Management Uttley
2019-02-07 Nottingham E0HW3Q58 Smart Parking Phillips
2019-02-07 Sheffield E7QZ0N6N Vehicle Control Services Machin
2019-02-07 Sheffield E9QZ0P7R Vehicle Control Services Wales
2019-02-07 Staines E5GF3Z3C Parking Control Management (UK) Ahmed Preliminary Hearing
2019-02-07 Stoke-on-Trent E1HW4F6Y UK Parking Control Wilde
2019-02-07 Watford E4GF0K9Z Parking Control Management (UK) Snailham
2019-02-07 Watford C9GF30FF/2 Parking Control Management (UK) Thomas From 04-04-2018
2019-02-07 Watford E7GF2M5Q UK Car Park Management Cullen
2019-02-07 Watford E8GF8M0J UK Car Park Management Goff
2019-02-07 Watford E3GF7M9M UK Car Park Management Hgs builders
2019-02-07 Watford E5GF2M5Q UK Car Park Management Peitropinto
2019-02-07 Watford E4GF1M6Q UK Car Park Management Watson
2019-02-07 Worcester E3GF69RV Parking Control Management (UK) Hogan
2019-02-07 Yeovil E8GF6M1Q UK Car Park Management InchPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thanks for all your help again. Case won on the bases of poor evidence again.
Cost application once again refused on basis of not proving unreasonable behaviour.
Just glad it’s all over with. How did everyone else get on today?0 -
Well done on the win.
Surely you got basic costs awarded? (Travel to court/parking, half-day rate for time off work ~£50, etc.)0
This discussion has been closed.
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