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Cardiff Devil

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Cardiff Devil last won the day on March 13 2015

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  1. Thanks Dave HB: As soon as the payment from the PPC arrives I'll be sure to make a donation. There's something very satisfying about a parking company's money going to support a site like this. Cheers CD
  2. Just a quick update, after a bit more back and forth with the builder in question, he's agreed to pay me back the full £2,000 I've paid out. He's due to give me £1,000 tomorrow and the other £1,000 next week. Whether he actually does or not remains to be seen. Thanks for your help with this Cheers CD
  3. Hi Andy No, I know I can't claim them now, but this particular parking company is currently pursuing a second claim against me. This hasn't reached the witness statement part yet but if for some inexplicable reason they decide they want to double down and take this one to a hearing after being roundly beaten yesterday, I'll be sure to claim all my costs this time around. Cheers CD
  4. Thanks all. I'm now aware that a litigant in person can submit a costs order for the time spent and costs incurred in dealing with this issue, seems a bit lop-sided that only solicitors can claim costs when small claims is intended for Average Joe to be able to take action without incurring big legal costs. Their representative kept on and on that PE vs Beavis made their charges legit. My response was that I don't see how this case can give the green light to parking operators to claim arbitrary invented sums that go straight into their profits, and that the "commercial justification" was a huge conflict of interest. My response was "what's stopping me putting a sign up at the end of my driveway saying every visitor has to be wearing a blue hat, and if you don't then you owe me £50". It was moot anyway as they hadn't even included a copy of the Beavis judgement in their evidence pack. Rest assured that if they are stupid enough to carry on pursuing this other case, then I'll be submitting a schedule for costs in advance. To be honest I half expected them to bottle it and back out before this hearing. Be interesting to see if they fancy trying it again. Thanks again CD
  5. Afternoon all. Case won. Went through all the points I raised but the bit that seemed to swing it for me was the fact that once you drive from the outdoor areas into the underground parking garage, which is protected by an electronic gate no signage is visible inside, so it was held that they couldn't rely on the signage outside to apply everywhere, since they were classed as two separate areas. Claimant's overinflated claim for costs was dismissed, and they have to pay me a half day's lost wages (£45) within 21 days. I did ask whether I could claim back the costs of all the printing and postage of evidence packs etc but unfortunately not. That's the cost of litigation apparently. I do have another case pending from them for the other failed POPLA appeal. I asked the judge if he could throw that one out but he said he couldn't, but given the lack of the signage on site, the parking company would need to have a "long think" about whether they choose to pursue this other case any further. I'll let you know if they do. Thanks, as always for everyone's help with this. CD
  6. Cheers BF. I'm just a bit concerned that if I accept the £1,500 he'll see that as the matter settled. I haven't been able to arrange for anyone to come up and give me a quote to complete the work yet but even I can see it's going to need to be started from scratch again because since it's been left for so long, there's grass and weeds coming up through the rocks that have been laid down. Also good point thanks Labrat. I believe once Whatsapp messages are read by the recipient they can't be deleted for all parties but I've screenshotted everything anyway as a precaution.
  7. Hi all. Taking a break from the motoring forum to sort out a new issue. Moved into a new build property last year and in the spring started looking around for a landscaper to sort out the back garden. Basically I wanted the patio to be extended, the ground levelled off and artificial grass to be put down. Found a landscaper who came recommended by the person who had moved in 4 doors up who came and gave me a quote for the work (£3,000 incl materials and labour) and an estimated completion time of 2 weeks, which I accepted. The work was started, he brought up a mini digger to level the ground off, and for the following two days they were placing rocks down (presumably to create a solid foundation for the artificial grass). Landscaper then asked for £2,000 to cover the cost of the materials. He asked for the payment in cash initially which I declined and insisted on a bank transfer instead so there was an electronic record of it. (I now realise that this wasn't a great option either). This was paid on the 11th June. Since paying the £2,000, no more work has been completed. Communication with the builder has become very sporadic and there's usually some excuse like a family emergency, labourers letting him down etc. Several times he'd message me to say "we'll be back on Monday next week to finish off" but nobody has turned up and it's taken several messages from me to get an answer. He's eventually gotten in touch a few weeks later last Wednesday (21st July) saying how sorry he is etc, and that he's bringing a builder up to look at the site that day, and that if he can't complete it he'll give me the £2,000 back. Obviously he didn't arrive, so I sent him a message asking for the return of the £2,000. Now he's gotten back in touch, saying "well you've had a grand's worth of work done, so I'll give you back £1,000". My answer was that I don't think it's £1,000 worth of work, and even if it was, I'd say that 5 weeks of no-shows and broken promises was a fair trade. He's now countered with an offer of £1,500, but I'm reluctant to take it, especially since he already offered a full refund in his message last week. Worth mentioning at this point that all communications have been via WhatsApp, so I have a written record of everything that has been said. I'm reluctant to name the builder at this stage, but is there anything else I can do short of going down the small claims court route? Thanks CD
  8. Thanks Dave Makes me feel better about the whole thing. Just want to get it all over and done with now. Cheers CD
  9. Cheers Andy I'm not a lawyer but as I'm reading it, part 27.14 (2) basically means that the costs are fixed, and they can't claim for hundreds of pounds of extras, even if they did win? Unless they could prove that I've acted unreasonably, although since I'm the defendant and not the one that brought this action before the court, I'm not sure how that could be the case. If I've got that totally arse about face, then apologies. Cheers CD
  10. That's what I thought. Cheers all. I've attached a redacted copy here as HB suggested for your perusal. Cheers CD Statement_of_Costs_Redacted.pdf
  11. Top of the morning to you all. I had a letter through last night from the claimants solicitors. Attached was a "claimant's statement of costs", where they've listed under Counsel's fees an unnamed "LPC Law Agent", charging a £200 fee for the hearing, plus £50 under court fees, with the description "Fixed legal costs upon issue". Am I right in thinking that this is just a bluff tactic, and that legal costs are capped at small claims so they can't scare people off with vastly overinflated legal bills? Cheers CD
  12. Thanks LFI. Not really applicable in my case but interesting reading nonetheless. Speaking of which, I've been doing some research in the meantime and have found this; Residential Parking – fightback guide WWW.PARKINGCOWBOYS.CO.UK The following piece is based on the Parking Prankster's guide to residential parking. It explains how to fight tickets in residential parking situations, often where landholders get unfairly ticketed in their own space. There are many... Interesting points regarding the Beavis case here; In Jopson v Homeguard [2016] B9GF0A9E it was established that ParkingEye vs Beavis [2015] UKSC 67 does not apply to residential parking, and this will therefore bring the penalty doctrine back in play. The charge will therefore likely be a penalty and unfair consumer charge unless it is found the charge is a pre-estimate of loss or there is commercial justification. The Supreme Court found that £85 was not a genuine pre-estimate of loss in Beavis as there was no direct loss to the parking company. Similarly, it would be hard to establish commercial justification for charging residents hundreds of pounds a year to park in their own parking spaces. I pointed out in my WS already that the circumstances of the Beavis case were vastly different and that there can be no "commercial justification" for the charges, as these are not commercial premises. Obviously it's too late now to include the above case in my WS but worth bringing up at the hearing do you think? Apologies for rambling but the hearing is in a few weeks and I just want to make sure I've got everything in order as much as possible, as I've stuck it out this far and can't really afford to lose. Cheers CD
  13. Cheers LFI I had to send the WS when I did otherwise there was a chance it wouldn't arrive in time. On the plus side though it looks like both WS's crossed in the post so they wouldn't have had any visibility of mine before they sent theirs. My main point I want to raise is that the contract they've provided isn't with the landowner but a managing agent. Do you think it's worth spending the £3 to do a land registry search to confirm for sure that the managing agent is not also the landowner? Cheers CD
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