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  • FIRST POST
    • wdm1985
    • By wdm1985 13th Dec 17, 11:01 PM
    • 56Posts
    • 37Thanks
    wdm1985
    Hit with 8 tickets dating back to 2014
    • #1
    • 13th Dec 17, 11:01 PM
    Hit with 8 tickets dating back to 2014 13th Dec 17 at 11:01 PM
    Hi Guys,

    I am back again. Cannot believe I am back here so soon after getting my wife's tickets set aside. An update on her- she is 38 weeks pregnant and ready to pop. I have passed the first part of my exam with the next part in Feb.

    Anyways... we got a call from our old landlord to say that a bunch of paperwork had landed in the post for us. Much to my shock I had a county court claim for for 1345!!!!
    Much the same as last time. 7 parking tickets in a residential block for not displaying a permit- all from 2014. (I cannot help but think this has come about as a result of defending my wife) all my tickets predate hers despite hers coming to court already. There was an 8th ticket for parking at Burnley Hospital in July 2014( I was a member of staff and there was no free staff spaces so I put it in the pay and display space to get to my clinic). At that point in time I had been advised to ignore the PCNs as they were not available.


    So I have acknowledged the service (thankfully the last day was tomorrow) and I have 14 days to file a defence. I have a good defence as set out previously for my wife's case. I will pretty much stick to this verbatim as I have photos of wrong signage/poor signage high up etc.

    The one that concerns me is the hospital. Parking at that hospital is rubbish for staff if you come in the afternoon. I am aware of the recent court cases where the hospital employees lost the big case. So I am concerned about what kind of defence I mount for this.

    Parking companies are nothing but vindictive. I have no doubt this is all as a result of me helping my wife.

    Thoughts much appreciated regarding the hospital staff defence.

    cheers

    WDM
Page 2
    • Quentin
    • By Quentin 28th Dec 17, 9:51 PM
    • 36,279 Posts
    • 20,529 Thanks
    Quentin
    Bullet 2


    "Request that any enforcement proceedings are stayed pending the hearing for this set aside application has been held"


    (No need to mention bailiffs etc - you want all enforcement stayed - I only mentioned bailiffs/earnings attachment as possible examples of enforcement now available to the ppc!)
    • wdm1985
    • By wdm1985 28th Dec 17, 9:53 PM
    • 56 Posts
    • 37 Thanks
    wdm1985
    ok great thank you.

    Hopefully A few others will have a quick read about it and then I will get it submitted
    • nosferatu1001
    • By nosferatu1001 29th Dec 17, 12:19 AM
    • 2,823 Posts
    • 3,516 Thanks
    nosferatu1001
    I!!!8217;m not sure why you will get the fee back. Unless you can show it!!!8217;s the claimants fault, why should they pay?

    Either you DIDNT acknowledge it correctly (they don!!!8217;t ack your ack, this isn!!!8217;t tcp/ip) OR the court didn!!!8217;t record the ack correctly

    Find out which.
    • wdm1985
    • By wdm1985 16th Apr 18, 11:43 PM
    • 56 Posts
    • 37 Thanks
    wdm1985
    HI Nos- I had previous correspondence with SCS and had previously informed them they had a different address for a case i didn't contest 18 months ago.

    Quick questions guys...

    Have noted that SCS are sending an 'advocate' to the set aside hearing. How do I know if they are entitled to address the judge. I have printed out the lay reps order to bring with me... but i don't know what qualification can talk to the judge. I think last time it was a paralegal. Am i right in saying they have to be a qualified solicitor and if not their client has to be there?
    • Coupon-mad
    • By Coupon-mad 16th Apr 18, 11:52 PM
    • 59,444 Posts
    • 72,603 Thanks
    Coupon-mad
    I copied this previous reply from solicitor poster LoadsofChildren123:

    Just be prepared for the judge to reject the rights of audience issue. Many do, others take it seriously. If the judge rejects it, don't be phased, just say "well if you are not with me on that, I will move on".

    The representative will counter your argument with "I'm a barrister/solicitor/legal exec" but that doesn't automatically mean they have RoA (many litigants in person drop the argument when they say this). The point is that these people are generally unemployed, but qualified, and they are used by Elms legal on an agency basis (ie they do not work there full time, they are employed on a day to day basis to appear on these types of cases). So you want to know what chambers they are a member of (for a barrister) or what practice they are permanently employed at (solicitor/legal exec).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • wdm1985
    • By wdm1985 17th Apr 18, 12:00 AM
    • 56 Posts
    • 37 Thanks
    wdm1985
    thanks coupon
    • Coupon-mad
    • By Coupon-mad 17th Apr 18, 2:39 PM
    • 59,444 Posts
    • 72,603 Thanks
    Coupon-mad
    Johnersh's explanation helps too:

    http://forums.moneysavingexpert.com/showthread.php?p=72978085#post72978085

    HTH
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • wdm1985
    • By wdm1985 1st May 18, 10:18 PM
    • 56 Posts
    • 37 Thanks
    wdm1985
    Hi Guys- Slightly delayed comment on this.

    We have got this case set aside. We had a very grumpy DJ at Manchester who didnt seem overly impressed with me or the claimant. He had a fair go at me about not contacting the DVLA- he didn't seem to understand that the DVLA are only contacted by the parking company at the outset and so I could hardly be held responsible when they come chasing some four years later.

    He also commented that my defence looked like an internet based template and was unsure if it would stand the test of trial (however I am yet to receive any paperwork yet from the initial default).

    In the end the case was still set aside as I could prove that we had no evidence of any papers being received. We had a good win today against UKPC in another case, but this one may be a slightly harder battle.

    So far though two set asides granted and a case won.
    • Coupon-mad
    • By Coupon-mad 1st May 18, 10:20 PM
    • 59,444 Posts
    • 72,603 Thanks
    Coupon-mad
    You are doing very well! How are your exams going too?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 1st May 18, 10:24 PM
    • 18,453 Posts
    • 23,374 Thanks
    Redx
    is this UKPC as well or another PPC ?

    well done so far
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • wdm1985
    • By wdm1985 13th Jul 18, 5:02 PM
    • 56 Posts
    • 37 Thanks
    wdm1985
    Sorry guys for the delay- Coupon I passed all my exams and I am eligible to be a consultant next year. The baby is now a chubby six month old.
    Red- it is again UKPC, thanks for your support.

    Guys another quick question- I have a date for this bigger case in august.
    I have sent the following letter:

    Dear Sir/Madam,

    Re: Request made under Part 18
    I refer to your letter dated 29/05/2018 where you refused to provide the evidence regarding the default judgement for your client dated xxxx. You will be aware that this judgement was set aside on 20/04/2018.
    This information is again requested under Part 18. For the avoidance of doubt this should contain:
    1. A copy of all photographic evidence pertaining to the case
    2. A copy of all UNREDACTED contracts upon which this case relies
    3. The witness statement used in the original default judgement dated xxxxxx
    4. All other discoverable evidence related to the case.

    This should be provided in hard copy no later than 4pm on the 20/06/2018.
    For the avoidance of doubt, should such confirmation and documentation not be supplied to me by the above stated time, I will apply for a formal order under Part 18 and either:
    Include this letter in any correspondence to the court that I may choose to submit;
    Confirm your/your client!!!8217;s reluctance to respond to this letter during our upcoming hearing.

    I trust I will receive a response to this letter as a matter of urgency.


    I have now sent them two requests. One which they said I would get the information before the case (ie the witness statement), the second request they have flat out ignored. The case is in one month.

    Do I now write to the judge? at the minute I have no idea what pictures etc they have So I remain in the dark.

    many thnks

    WDM
    • IamEmanresu
    • By IamEmanresu 14th Jul 18, 6:45 AM
    • 2,728 Posts
    • 4,729 Thanks
    IamEmanresu
    Part 18 do not [strictly] apply in the small claims track and they are being obtuse by refusing the information, It is something you should mention as the overriding objective of the court is to narrow the issues to the ones the judge has to decide upon.

    Send a Subject Access Request to the Claimant and the debt collector only. You'll get a reply in a month.Get proof of posting or emailing if you send it.
    About me: Capricorn. Likes: Tight defences, the tighter the better. Lucidity. Dislikes: Loquaciousness and magic words. WLTM: Someone with the facts, a private income and their own copy of the White Book.
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