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ericsbrother last won the day on April 9

ericsbrother had the most liked content!

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About ericsbrother

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  1. when was it SORN'ed? can you print this off from the DVLA web? was it insured?
  2. exact wording of the Particular of Claim will also be helpful to rubbish it as suggested but that rarely wins a case even though it should. The contrcat and whether it was actually properly offered and accepted is the main point of this if you cant see the signs from the public highway we want pictures of the entrance to the land that shows you cant see anything so cant consider and accept the offer. Multiple signs around the place dont count for much if there is no warning at the entrance
  3. another one it to say "hold on I will go and get them" and then put the phone down to one side an get on with soemthing else. I think they like listening to the radio so put that on for them whilst you do your ironing or whatever.
  4. they can only make money if you wet your pants and give them the dosh. other than that they can make a lot of noise, send out nasty letters and try their luck at court but ultimately only you can decide of they get paid or not. Stress? it really isnt that stressful once you have been there more than once and everyone should try and see the inside of a courtroom so it can be shown how relaxed the entire proceedings are. the arguing takes place outside in the little side rooms if there are sticking ppints to be argued and in things like parking claims there isnt reason for that so all straightforward
  5. you dont note down and refer to, you take copies of everything you can and you send it to the court ( and the parking co) ideally 14 days before the hearing but at least 7 days. You cant refer to anything you haven't submitted as evidence so take screen shots or whatever and print them off. Then you can use them. That is why i say you chuck the kitchen sink at it this time and you might not need another hearing. If the lease says the parking spot is contained then you go for a summary trial and shove this point right up their solicitors nose. if I turned up at a knifefight with a gun I certainly wouldnt sit there waiting to get stabbed before I opended fire
  6. in the meanwhile have you found out who owns the garage and made representations to them or Esso yet? it not get on with it, they wont help you in 6 months time
  7. you get the info and keep it for if tey are stupid enough to issue a court claim and then use it against them. most parking co's are too ignorant to even know the laws they are supposed to work within and most of those that do know just wing it and hope you dont know or tell lies to the court. You wil not find advice here suggesting that you go and spend your time and effort doing their job for them. Let them supply the rope to hang themselves
  8. so what have you received beofre this claim form? where was the B&B and can you get there to take pictures of the signage and cameras so we can advise what to say in response?. What was the date of the issue of the claim, you have a limited time to acknowledge it and the yu gte extra tiem to file a defence but if you dont acknowledge in 12 days you can lose by default. Everything goes to the court that issued the claim but copies to the claimant is best practice
  9. see any other post in this regard, they are right that they need to do it to save their clients money becuse they avent been honest about the costs of prosecuting the claim and the business model relies on you wetting yourself and paying up, not fighting them in court. they will cause their cleints to lose £75 whether they win or lose the claim because they do this on a contingency fee basis and dont attend themselves but have to pay a local solicitor to turn up at a moments notice adn they ahve allowed only £50 for their services and this attendance in their claimed costs. so you ignore them and tell the courts tat you need an oral heaqring so you can cross examine their witnesses.
  10. thye are trying to catch you out. Ignore it and send a short letter to the court saying you want an oral hearing at your local county court. that will mean they have to shell out another £75 and they wmay well decide to drop the entire matter to save themselves the costs of that and your costs as well when they lose. that is why they are keen, you wont be able to challenge their lies if held on paper, dont forget solicitors are telling lies 50% of the time or their would be no judgements
  11. as you know all about dca's because you will, hvae read a number of the half a million posts about them you know to ignore them and just file the letter with your other correspondence
  12. asking theoretical questions about what the trade associations do doesnt help you. As for the rest, this has alread either answered or you have decided to ignore the advice already given and try and rely on the WRONG part of the POFA. You are not writing a book at this stage, either go with the one line suggested or add their failure to do the POC so it shows a cause for action. Now as the driver was named can we assume that as you are writing all of this that you are the driver as well as the defendant? You would be surprised how many peopel come here on behalf of someone else and take it upon themselves to act as though they are the defendant and o occasion turn up at court and then promptly lose becasue they have no right to be there. Do not fall into that bearpit. so my suggestio is again the simple " there was not contract between the claimant and the defendant so no cause for action" and then rubbish their POC if you wish but again you can do this when the allocation questionnaire comes along ior in your Witness Statement when you get closer to the hearing date. At the moment it would be wise to say nothing you dont need to so you dont drop yourself in it or go down a dead end argument route
  13. you only get the extra time if you submit the AOS in time so you have better had done that
  14. Already said ad nauseam, the judge has to allow the set aside as long as you stand a chance (not even 50/50) of actually defending the claims in the rehearing so them asking for costs is just a way of trying to put you off as they will not be successful. You wont get yours either at this stage but if they do send a rep then you HAVE to have some evidence that your defence will be successful I dont care how far away the place is to where you live now you go there and you take pictures and you take a copy of the lease of the flat to show you have superiority of contract. them serving the papers on an address they know you dont live at will get you a long way but you still need EVIDENCE. Treat it as though you are being paid £700 per hour as that is what you stand to gain by beating this. Now stop moaning about what you can lose, you take a days holiday and ask for the costs at the full hearing if it gets that far. that is what the parking co is trying to avoid as they know they will get hammered for all of the costs there. You need to show your losses though and that they have failed to try and avoid these costs. By making stupid claims for their costs they have given you half of what you need already This part is at your request so unless you can show beyond any doubt that they have been totally unreasonable and they knew they had no chance of success you take the costs issue to round 2. You do however have all of your costs laid out on paper and sent in to the court and copied to them at least 7 days before the hearing so it can be considered if the parking co decide to drop their hands.
  15. oh yes and I am about to let them know what I think they should be doing about it. I look forward to seeing copies of the non existent paperwork as a CPR 31.14 request in my LBA
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