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Cardiff Devil

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Everything posted by Cardiff Devil

  1. 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
  2. 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
  3. 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
  4. Yeah that's not all the pages, I left out a few parts that were just saying "We sent the defendant a letter" etc that don't really have any importance. I just uploaded the significant parts. I'm not sure how they can justify £70 for sending 2 template letters. Also £12 for "trace fees"? Last time I checked it only cost about 2 quid for them to request keeper details from the DVLA.
  5. Hi DX My WS has already been sent and was received by the other side's solicitors yesterday (I sent it tracked via courier and have the delivery receipt). I may be able to upload some parts of it in a bit using my phone camera but I'm at work and won't be able to upload the whole thing (it's about 50 pages). Cheers CD
  6. Their WS has arrived. I don't have access to a scanner at the moment so I can't upload it but it consists of a witness statement from their solicitor, a copy of the PCN and all the letters, pictures of my car in situ, random pictures of the signage across the site (most of which is nowhere near where the vehicle was parked), a copy of a contract (dated 2015) and some other assorted gumpf. Some points of note; Referring to my court defence, they've written; [quote] The defence amounts to a bare denial and does not comply with 16.5(2) of the Civil Procedure Rules which state: Where the defendant denies an allegation; a. he must state his reasons for doing so; and b. if he intends to put forward a different version of events from that given by the claimaint, he must state his own version. The defence ought to be struck out accordingly. [/quote] Can they request a defence be struck out like this? Surely I'm within my rights to simply deny an allegation as it's for them to prove rather than for me to disprove? Something else I've noticed. The contract they've sent is the one I uploaded in post #51. It's between NSGL (the claimant) and a company called Warwick Estates. However in the witness statement it refers to Warwick Estates as a "managing agent appointed to administer the day to day running of the buildings and the estate". So if I'm right, the contract they've provided is not with the landowner, but a different managing agent. So there's no chain of authority back to the landowner as there's no evidence of any contract between Warwick Estates and the actual landowner. Would this be enough to discredit their case? Apologies in advance for the wall of text. Cheers CD
  7. Quick question before I post this out, is the claimant copy going back to the parking company or to their solicitors?
  8. Cheers Dave The deadline is Wednesday, and I'm too much of a chicken to wait until tomorrow to post it. So I'm getting it out end of day today so it arrives tomorrow.
  9. I haven't received anything from them yet. I imagine they're waiting for me to send mine before they send theirs. I'll hold off on posting it until Monday, as that'll give me a day's grace before the deadline and if they receive it Tuesday they'll struggle to get theirs out before the Wednesday deadline. If I receive anything from them I'll post it up here. Last time I went to County Court was in 2011 (and as the claimant rather than the defendant) and the other side didn't submit any evidence and didn't actually show up on the day.
  10. Morning Dave I've made the changes as you've suggested and am ready to file this now as it needs to be in by the 9th. One last question hopefully, after the section regarding punitive charges, do I need to put in any kind of summary paragraph or is it fine to go as it is, with the photos and other evidence included? Cheers CD
  11. Thanks Dave, I wasn't sure about that bit. I'll review it when I get home and let you know. Cheers for the help. CD
  12. I agree, but this document seems to state otherwise; https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/861052/inf266-release-of-information-from-dvlas-registers.pdf
  13. Cheers Dave I did ask the resident whether she had consulted her tenancy agreement but the long and the short of it was that she rents it privately off another friend (who I don't know) and never signed an official agreement. I'll just went back and consulted the letter chain and the total owed went from £80 for just the PCN to £150 when the debt collection company (ZZPS Ltd) got involved. It doesn't say what those additional fees are for, it just says "In accordance with the terms and conditions of parking, debt collection charges have now been added and the balance owed is shown above. You were given prior notice of additional costs through the signage at the location." Not sure yet where they've got the other £12 from.
  14. No idea mate, maybe they had problems in the past with people parking in others spaces. As far as I know the majority of the flats in the complex have one allocated space each so if you get a couple move in to one flat who have a car each, with very limited numbers of visitors bays available that's only going to cause issues. Then along come our company who generously offer to police parking at the premises with no cost to the landowner. The problem is solved from their side. I don't know anyone else who lives at the complex so I'm not sure how widespread an issue it is but it seems to be a bit of a sledgehammer to crack a nut approach. If it was a case of them only coming to slap a PCN on a car if a resident contacted them to complain that someone was in their space illegally then it'd be perfectly reasonable as it's depriving a resident use of their own space that they're paying for. The GDPR angle is interesting, although they'd probably just claim that because they're members of the BPA this gives them an automatic right to request anyone's details from the DVLA. Whether a civil dispute such as this is sufficient grounds to release a person's personal data under the GDPR is a whole other can of worms though. What's ironic is that if I had suffered a genuine loss, say for instance someone sideswiped my car outside my house and drove off, but I got their registration number on my CCTV, the DVLA probably wouldn't give it to me, and I'd have to go via the police to get their information. Whereas these cowboys can simply request it because someone committed the heinous crime of parking without a slip of paper on their dashboard. The DVLA gets their fee for providing the details to shady outfits like these anyway so I'm sure they don't give a toss.
  15. Cheers BN. I've got about another week until it needs to be finalised and sent off so I'll hang on for now and see what the folks have to say.
  16. Cheers DX. I've included that now. Plus expanded it to include a bit about the successful POPLA appeals. I've attached a draft here for your perusal. Let me know if anything needs adding, removing or expanding? Thanks CD Copy of Defendant's Witness Statement - Redacted.pdf
  17. Thanks both. I'll spend some time over the long weekend working it into my WS. One other question, I want to bring up the case of UKPC vs Miss C linked here; https://parking-prankster.blogspot.com/2017/07/ukpc-lose-residential-case-tenant-can.html The circumstances of this case are nearly identical to mine. However, is there some official copy of the judgement I can include in my evidence pack? I want to refer to it but can't find any other reference to it other than a few paragraphs on Parking Prankster's blog.
  18. Yep. I'm fully expecting another claim form for the other rejected appeal to arrive shortly, although part of me expects that they'll wait to find out the outcome of this particular case first before they chance their hand again. I'll add it to the witness statement. If their own governing body appeals service deems the majority of them to be unfairly issued, then I'm not sure what they hope to achieve in county court.
  19. No, the PPC have rejected all the appeals I've sent their way. I've subsequently appealed 7 (I think) to POPLA. 2 got rejected and the other 5 upheld. Same car park, same parking space, same circumstances in every way.
  20. OK, so if you think it'll help; 1 The date of infringement? 09/03/2020 2 Have you yet appealed to the parking company yet? [Y/N?] Yes Has there been a response? Yes Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes What date is on it? 14/04/2020 Did the NTK provide photographic evidence? No, but it did give a brief instruction of how to access them online 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Yes 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Yes, they gave instructions on how to appeal to POPLA. 5 Who is the parking company? NSGL Ltd 6. Where exactly [Carpark name and town] did you park? Century Wharf Housing Complex - Cardiff Bay NTK1-Redacted.pdf Appeal to NSGL - 09_04_2020.pdf appeal-reply-redacted.pdf
  21. Afternoon all. I've been away for a few weeks. When I got home I had a letter from from the Cardiff CC. The hearing looks like it's going ahead on the 28th July, and I've been instructed to submit a witness statement to the court and the other party by June 9th. I've already started prepping a witness statement. When I've got it sort of ready am I OK to post a redacted copy of it up here for scrutiny? Thanks CD
  22. Hi all No update on this particular case but in one of the subsequent POPLA appeals regarding an invoice at the same premises for a later date which is currently ongoing they've provided 2 copies of a landowner contract, one dated 2015 and the other dated 2021 which do actually appear to give them the right to take legal action. One of the points I was planning to make in my witness statement is lack of locus standi so I'm guessing this rules that one out. I've attached them here for perusal. Thanks CD Century wharfParking enforcement agreement V2.pdf century wharf agreement signed.pdf
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