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  • FIRST POST
    • Birdo26
    • By Birdo26 11th Jul 17, 7:58 PM
    • 53Posts
    • 24Thanks
    Birdo26
    HX Car Park Management, Gladstones Letter Before Claim
    • #1
    • 11th Jul 17, 7:58 PM
    HX Car Park Management, Gladstones Letter Before Claim 11th Jul 17 at 7:58 PM
    Hi,

    Received a PCN from HX Car Park Management

    Spoke to the bowling who said cameras were only installed recently. Signs are not clear at all. But said they can't cancel them.

    Didn't reply to it which was a bit silly but now have received a letter before claim from Gladstones solicitors asking to pay £160 within 14 days.

    Had a search on here and found a reply so sent that by email which I hope is ok. Said not to admit who was driving which i made sure I didn't.

    Just want to know what I should do now and what is likely to happen next.

    Thanks
    Last edited by Birdo26; 11-07-2017 at 8:40 PM.
Page 6
    • Birdo26
    • By Birdo26 8th Jan 18, 9:17 PM
    • 53 Posts
    • 24 Thanks
    Birdo26
    Ok thanks, will get it done tomrow. So itís the defence, witness statement and skeleton argument.

    Some of my evidence was screenshots of certain parts of the ioc code of practice I think it was. Do I need to attach the whole thing now or is that still suffice?

    And do I need to put anything on the ring binder such as case no etc
    • nosferatu1001
    • By nosferatu1001 8th Jan 18, 9:40 PM
    • 2,765 Posts
    • 3,442 Thanks
    nosferatu1001
    Should suFfice
    It!!!8217;s dintful the C can claim they dint know what their own cop is....
    • claxtome
    • By claxtome 8th Jan 18, 9:42 PM
    • 577 Posts
    • 680 Thanks
    claxtome
    Some of my evidence was screenshots of certain parts of the ioc code of practice I think it was. Do I need to attach the whole thing now or is that still suffice?
    I think either is ok. I personally would include it all in case you want to refer to any other bits later; maybe in your skeleton.

    And do I need to put anything on the ring binder such as case no etc
    Case number + name of claimant v name of defendant + date of hearing
    • IamEmanresu
    • By IamEmanresu 9th Jan 18, 6:53 PM
    • 2,419 Posts
    • 4,310 Thanks
    IamEmanresu
    Good luck if it is still tomorrow
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • spatel6
    • By spatel6 13th Jan 18, 5:54 PM
    • 32 Posts
    • 14 Thanks
    spatel6
    Start was the result
    How did it go?
    • Birdo26
    • By Birdo26 22nd Jan 18, 9:12 AM
    • 53 Posts
    • 24 Thanks
    Birdo26
    Sorry if i didn't make clear the date is tomorrow morning. Any advice or good threads to read through would be great. What sort of questions can i be expected to ask. Also as I think someone mentioned previous, I can inform the courts that morning I am a lay rep?
    • Umkomaas
    • By Umkomaas 22nd Jan 18, 9:20 AM
    • 18,024 Posts
    • 28,554 Thanks
    Umkomaas
    I can inform the courts that morning I am a lay rep?
    I!!!8217;ve not read through the entire thread, but are you saying that you are not the person being pursued by the parking company, but you are looking to represent that person?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Johnersh
    • By Johnersh 22nd Jan 18, 9:52 AM
    • 1,071 Posts
    • 2,072 Thanks
    Johnersh
    I can inform the courts that morning I am a lay rep?
    Let the usher know when you arrive. See para 67 here for the authority (and general guidance to the Courts). https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_LiP+_finalised_.pdf

    Any advice or good threads to read through would be great. What sort of questions can i be expected to ask.
    Can't guide you as to the questions as those will be case specific and, to an extent, will need to be developed on the day.

    You can't ambush a defendant with new materials, but I suggest you take the code of practice and copies of any case law that you rely on (all of which they ought to be familiar with). Make a crib sheet of your "killer points" and number them - think of the points you want to take the Court to and in what order. It'll help structure your thoughts - do, however, be prepared to move on to any new point the judge asks you to deal with.

    Time is tight, be prepared for you both to be talked at the moment you walk in the room. As the Claimant will usually be represented by an advocate and need to state their case, they will speak first. Remember to take notes so you can deal with their points and dismiss/respond to them in turn.

    One of the core issues (even were you to lose) is that the signage will refer to £100 and (in very small print) to unspecified costs on an indemnity basis. Unless and until the Claimant can itemise the actual costs incurred and bearing in mind most of the debt recovery correspondence is nominal fixed fee or no win/no fee based, there is usually no evidence that the bolted on costs of £60 have been incurred at all.

    Similarly, if the Claimant has ignored reasonable responses to their letters, even if they win, you may want to invite the Court to disallow the Court costs incurred as part of their discretionary powers for failure to comply with the pre-action protocol. That may not fly, however, when the early correspondence prior to the letter of claim was ignored.

    Naturally if you win and the Claimant has been unreasonable you will endeavour to seek the costs uplift provided for at Part 27. If the lay rep and the Defendant are both earners, you should invite the Court to award loss of earnings for both of you.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Birdo26
    • By Birdo26 22nd Jan 18, 2:12 PM
    • 53 Posts
    • 24 Thanks
    Birdo26
    Thank You, I dropped off a court bundle a few weeks ago as suggested on the last page in a ring binded file. Do I need to take a copy of that whole folder with me as well?
    • KeithP
    • By KeithP 22nd Jan 18, 2:22 PM
    • 7,720 Posts
    • 7,469 Thanks
    KeithP
    Yes you do. You will need to refer to it.
    .
    • Birdo26
    • By Birdo26 22nd Jan 18, 3:31 PM
    • 53 Posts
    • 24 Thanks
    Birdo26
    Ta, just had a phone call from the court and they said tomorrow is cancelled due to no judge being available. Will let us know a new date.
    • KeithP
    • By KeithP 22nd Jan 18, 3:33 PM
    • 7,720 Posts
    • 7,469 Thanks
    KeithP
    Ta, just had a phone call from the court and they said tomorrow is cancelled due to no judge being available. Will let us know a new date.
    Originally posted by Birdo26
    I think I would be ringing the court back to confirm that.

    Sorry to appear a bit cynical but a 'no-show' would hand it to the PPC on a plate.
    .
    • Umkomaas
    • By Umkomaas 22nd Jan 18, 3:44 PM
    • 18,024 Posts
    • 28,554 Thanks
    Umkomaas
    I think I would be ringing the court back to confirm that.

    Sorry to appear a bit cynical but a 'no-show' would hand it to the PPC on a plate.
    Originally posted by KeithP
    And thereís reported Ďformí of such stunts. Remember the reports of a similar incident at the Court of Appeal - none other than the Barry Beavis case.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • IamEmanresu
    • By IamEmanresu 23rd Jan 18, 6:30 AM
    • 2,419 Posts
    • 4,310 Thanks
    IamEmanresu
    There is a very high probability that it was the court and a very low probability of a stunt.

    Check Courtserve to see what it says. There will likely be a note against it.

    See https://www.courtserve.net/courtlists/current/county/indexv2county.php
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Birdo26
    • By Birdo26 23rd Jan 18, 9:51 AM
    • 53 Posts
    • 24 Thanks
    Birdo26
    Its on there but just says (back up).

    I've rung the court number this morning and they told me it was off and hey would be writing in due course. Will update as soon as I get a new date.
    • Birdo26
    • By Birdo26 8th Feb 18, 8:10 AM
    • 53 Posts
    • 24 Thanks
    Birdo26
    So today!!!8217;s the day. Hopefully will be fine, gonna attack the main points like poor signs and no keeper liability. Should I go suittoday or less formal?
    • Umkomaas
    • By Umkomaas 8th Feb 18, 8:27 AM
    • 18,024 Posts
    • 28,554 Thanks
    Umkomaas
    Smartly dressed, the Primark joggers and Rab C Nesbitt string vest will not be suitable attire to meet a Judge who will undoubtedly be in a business suit.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Lamilad
    • By Lamilad 8th Feb 18, 11:14 AM
    • 1,353 Posts
    • 2,712 Thanks
    Lamilad
    Good luck. Keep us updated.
    • Birdo26
    • By Birdo26 8th Feb 18, 11:15 AM
    • 53 Posts
    • 24 Thanks
    Birdo26
    Saying I can only be a mckenzie friend and need to ask judge? Any help??
    • IamEmanresu
    • By IamEmanresu 8th Feb 18, 11:20 AM
    • 2,419 Posts
    • 4,310 Thanks
    IamEmanresu
    Saying I can only be a mckenzie friend and need to ask judge? Any help??
    If you are not the defendant, you do need permission of the judge so ask the Usher to ask. The answer is usually yes it is OK.

    The question then is whether you can talk or whether the defendant needs to do the work. That will depend on the judge so explain why you being there will help him (the judge) sort this out quicker. He want McKenzies to help and not hinder the court process.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
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