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petersalan6

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About petersalan6

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  1. No. We were in the room for about five minutes. The judge dismissed the case stating they did not have the right to issue the ticket as we had proved my daughter had full permission to park there. She allowed costs for my daughters loss of earnings (or part of) cost of parking for the hearing and a fee per mile for travel. She wouldn't entertain the £17.50 per hour for investigation or any other costs. There is no real encouragement for them not to continue issuing tickets randomly as the process is so elongated most people would probably pay rather than go through the process. It's a poor situation.
  2. Hi all Just to advise, we won the case as it was dismissed and we got costs. Will advise the details once we receive the written confirmation from court. I have advise our management company where i live that they need to remove their services immediately as they have no legal contract currently.
  3. Doing all that was suggested above thanks. Just for clarity, the letter from Gladstones states; 'In accordance with CPR 27.9 our claimant gives notice that it will not be attending the hearing on 19th July 2018. Please note our Client is unable to attend the above mentioned hearing conducted in their absence pursuant to CPR 27.9. We confirm the court has been informed and that we have asked the court to decide the claim in our clients absence based on the evidence given' Any thoughts? We will attend with all the suggestions in hand but it does seem that no attendance on their behalf will be attending.
  4. My daughter has a letter saying they will not be represented at the hearing and will leave the judge to make decision in their absence. It's a letter from Glady's
  5. It has gone past 'that far' Erics bro. Court in Thursday which Gladys have said they are not attending. I'll writ the letter showing costs and take it with me Thursday. They were told from day 1 that my daughter had permission and their photos also show her permit in the windscreen which they have tried to hide. Thanks for all your help during the prolonged process. I will let you know the outcome and contribute to this site then.
  6. Thanks Gonna make the most of things with the judge. If we do win. I intend to take it further with other authorities. I would appreciate some advice on compensation. Was thinking £50 for letters etc. wages for the day for myself and my daughter. Is that about standard
  7. Good evening all Finally going to court next Thurs 19th July. Glady's sent a letter notifying that they will not have anybody attending and will leave the judge to make judgement on their behalf. Seems like good news or is this the norm?
  8. dx100uk I'm not good with IT. Thanks for hiding details. Never been to court before that's why am asking advice. The defence was from an attachment sent to me from this site. Although small claims the processes are a little daunting for people who have no experience in this area. I will take Ericsbrothers advice and just write the facts down in normal language and take our chances. The court process not being in common language gives the law companies such an advantage. Apologies if that frustrates you.
  9. Good morning Hopefully there is an attachment re the latest court letter stating we need to file a fully particularised defence. Below is the defence letter (personal details removed) filed previously. Could i have some advice on how to word this or is it acceptable to use lay mans terms and detail all events that have happened leading up to this point in time? Let me know if the attachment hasn't worked. Thanks for your assistance in anticipation 28th January 2018 Northampton County Court County Court Business Centre 4th Floor, St Katherine’s House 21 - 27 St Katherine’s Street Northampton NN1 2LH Dear Sir, Madam Re Defence between UK Car Park Management v Please find below, details of defence statement; 1. It is admitted that Defendant is the owner of. 2. It is admitted that the Defendant parked in 3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 4. If there was a contract, it is denied that the penalty charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because the signage is positioned under a rain shelter and can only be viewed once the vehicle has been exited. There is no signage on accessing the car park to Assisi Heights. 5. Alternatively, even if there was a contract, the provision requiring payment of £100 is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) as the Claimant is not the landowner and suffers no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by the Claimant; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years; and (d) the clause is specifically expressed to be a penalty on the Claimant's signs. 6. Further and alternatively, the provision requiring payment of £100 is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose. 7. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Yours Faithfully
  10. Good morning Latest state of events as below. 1.Received confirmation from court of receipt of our defence on 31.1.18 2. Received letter from Glady's with completed Directions Questionnaire attached. They don't want mediation and want the case dealt with in Small Claims Court by paperwork only NOT attendance. 3. Received Directions Questionnaire from the court for us to complete and return by 26.2.18 Questions; 1. Should we respond to Glady's letter (we think not)? Although we are aware we need to serve Glady's with our completed Directions Questionairre by 26.2.18 as well as the court 2. Should we insist on attendance at Small Claims hearing (We think yes) Additional information; We have not had any form of reply to the CPR31:14 letter where we requested; 1. A copy of the contract with the landowner 2. Proof of planning permission for the signage 3.Copies of all correspondence (accepting reasonable costs for copying) The date for reply expired on 9th Feb. On a final note. It says signage should be visible when parking. The only signage in place is in a rain shelter to the rear of my parking space. You can only see it after getting out of the vehicle. Is it relevant to bring this up? Advice will be greatly received. Thanks
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