Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #101
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    Default Re: Excel/BW claimform - PCN Swansea SA1 2012

    Ok, I'm with you!

    I will put the finishing touches / additions to the WS and post it tomorrow for approval. I will also print the relevant documents. Pofa schedule 4, Elliot VSicon loak and cps vs ajh films plus the summaries of the cases it written plus possibly some examples of when those cases have been deemed irrelevant in cases like this.

    Depending what happens after I send this off I will also look up rights if audience depending who is coming from bw.

    1 copy of every thing for me for the day, 1 for court 1 for bw. Posted in the time scales above?


  2. #102
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    Default Re: Excel/BW claimform - PCN Swansea SA1 2012

    Rights of audience on the court day, is important!
    I screwed up there, but one thing is certain, their advocate wasn't expecting me to raise it as an issue.
    Check out parking pranksters web site for examples of a previous case where a successful challenge was made and an article referring to the issue in a legal trade magazine. Then instead of just taking these along, research the actual laws used in that successful case and take copies of those along to back you up and give you a lead. I will next time.

    When you get their WS pop their picture of the sign they claim was in situ up.
    If it's like the one in their WS in my case, it is NOT a photo, it's a computer image.


  3. #103
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    Ok will do!
    Thanks for that.
    Off to work now will sort it all later.
    You don't seem too positive?
    Did you have A bad result?


  4. #104
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    Default Re: Excel/BW claimform - PCN Swansea SA1 2012

    Not really, the case is currently adjourned. Claimant has 14 days for legal submissions, then I get 14 days to reply.
    At least this time they don't seem able to send me their documents after the court's deadline and I get the chance to
    make propper defense before actually attending the hearing.
    I had doubts last time as I didnt know what to expect.
    This time they are allocating 3 hours instead of the original 1 hour.


  5. #105
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    Default Re: Excel/BW claimform - PCN Swansea SA1 2012

    ahh fair.
    hope mine is sorted the first time.
    As mine is cut and dry hopefully they will just chuck it out but we shall see.
    good luck!


  6. #106
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    Default Re: Excel/BW claimform - PCN Swansea SA1 2012

    i think my WS should now be complete? i will take the above documents. Do i also need to print the CPR paragraphs i have made reference to? I am also thinking of including a copy of the proof of postage of the CPR 31.14 request in case they try to say they didn't receive it. I will be taking photos Thursday or the signs and putting a copy of them up here.

    "Claim number: XXXXX
    In the county courticon at XXXX.
    Between: Excel parking services LTD – Claimant
    And
    XXXXXXX – Defendant

    1. The defendant denies that any contract exists between the claimant, Excel parking and the defendant and they have failed to show a cause for action against the defendant by way of showing they have an assignment of the landowner giving them the right to enter into contracts with the public and to make civil claims in their own name. They have shown no Locus Standi in this matter.

    2. As there is no keep liability in this manner it is put to Excel to show strict proof as to who was driving at the time as the defendant denies being the driver.

    3. The claim itself fails to properly fulfil the requirements of CPR 16.4 at is unclear how the claim is made up, why the defendant is liable and nor whether it is damages for a breach of contract or a contractual sum. The claim also includes an element of costs that are not recoverable in the small claimsicon process.

    4. As the event was in August 2012 it is pre Schedule 4 of POFA (Oct 2012). Therefore no liability has been transferred to the keeper, so there is no cause for action against the defendant in that capacity and without proof of who was driving at the time, no evidence of any actionable cause at all against the defendant.

    5. Excel parking have made a number of unsubstantiated claims in the courts and are abusing the court process as a method of intimidation or coercion rather than for collecting monies they have proper entitlement to. I cite claim numbers C7DP8T7D and C3DP56Q5. Excel have offered no evidence that their claim is a genuine one despite request from the defendant for disclosure under CPR 31.14 to determine their right to make a claim and show a cause for action against the defendant.

    6. The first the defendant knew about this matter was a demand in August 2016 and the claimants have failed to respond to requests for a full breakdown of how the demand came about. The defendant asked for sight of the documents relevant to points 1, 2 and 3 as a CPR 31.14 request before the track of the claim was decided and they have failed to produce them. The defendant believes this behaviour is unreasonable and as a result the defendant could not agree or dispute the claim before court action was taken by the plaintiff and is still unclear as to what exactly the cause for action is. Again this is an abuse of the court process.

    7. The claimant has shown no evidence, despite request from the claimant that they have planning permission (under the Town and country planning act 2007)
    for their signs, so no contract could ever be formed as it would be a criminal compact and unenforceable.

    I believe the facts stated in this witness statement are true."


  7. #107
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    Quote Originally Posted by ericsbrother View Post
    dont forget,
    Elliott v Loake was a criminal case on a public road where there was plenty of other evidence that the keeper was the driver at the time
    and in CPS v AJH films it was a company lorry and the company had vicarious liablity as the driver was a "servant" of the co.


    Now Gladdys/BW claim that any person borrowing your car is your servant and you are responsible for their actions.
    This was the case until about 50 years ago when insurance became compulsory
    but would still apply if you employ a chauffeur and he, for example, ran a red light on your instructions.


    A taxi driver doing the same would get done because although you are hiring them they are not your servant.
    I've now got photos of the signs. I will print them as part of my bundle. Thoughts on my WS before I send it? Do I need to print the copies of CRP sections I have quoted?


  8. #108
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    Default Re: Excel/BW claimform - PCN Swansea SA1 2012

    yes, you print everything that you think will be ever likely to be useful.
    No judge is going to wade through rows and rows of books to help you so you have to show them the paper proof.

    Your WS should be enough as long as you can show on paper why all of the bits you raise as so.

    anything else you come across in the meanwhile can be taken along on the day and as long as it doesnt change the direction or raise new points for your defence will be normally allowed so for example, new cases where Excel have had their bottom spanked in a similar case with the samw particulars of claim would be a prime example


  9. #109
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    Ok thanks. I've sent off my court bundle yesterday,
    1st. Class.


    I will send the BW bundle tomorrow 1st class recorded delivery.


    I will keep my eye on the parking pranksters blog in the meantime



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