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Everything posted by parkingbill2018

  1. Yes I was told that was one of my options, but I didn't know I had to pay his train fare. His company is only 0.6 miles from the court, which would take him 13 minutes to walk, so he can forget me paying his train fare. I was told I could ask him to bring details of all their unpaid PCN's to court, which would be interesting. if and when he comes to court will he have to pay the original costs plus the £60 unless he has a good excuse why he cannot do so?
  2. I had hoped so too, especially as most local newspapers are currently running what seem to be topical private parking news stories. Maybe the Northampton Chronicle are friends with Mr Gearey the MD or they use NPM to manage their car park! By the way NPM have not paid my costs yet, so it looks like that might be a long drawn out fight too! I have been advised what are my options, which will cost me money, but this will be added to the debt they owe and if they still don't pay up then this will affect their credit rating.
  3. My Father and I noted that not once in the waiting or court room did either of the two representatives of the Claimant make eye contact with us, and as stated before they couldn't leave the room quick enough after the DJ delivered his verdict! I know there are still motorists who have refused to pay PCN's issued in this same road. I wonder if NPM will still issue claims, but without the extra £60, to see if they can win without abuse of process? If they do, with the right defense and WS they will still have their claims struck out/dismissed so they should now just give up and move
  4. Welcome back to the thread ericsbrother. We were so glad we had this DJ, although would have also been happy to have the one in the next room as he had personally struck out several NPM/other Private Parking Company claims and was aware of the changes in this road with regards to a change of operator and adding of double yellow lines. Whilst waiting an hour we saw several DJs walking in and out and there was one very young female, probably like the one you refer to. However my defence and WS was so detailed it should have guided even a junior DJ who didn't know much about private
  5. Glad to hear Eric is still around. The advice my Father had from the FB group seemed to favour a detailed defence with a lot of it repeated and reinforced in the WS. In the end it didn't matter because like many operators they tactfully submitted their WS and evidence at the last minute, much later than the original order date. They may have been even later if I hadn't alerted the court. Therefore they had the upper hand knowing what was in both my defense and WS when submitting their documents. Despite this, they still failed to use that advantage and corre
  6. Thanks. Lots of battles along the way, but in the end the war for justice was won and the Tesco Express store and it's Customers have benefited too, not that they have shown any gratitude. The store manager renegade on his promise to my Father that he would support us in his own capacity if this went to court. Luckily we didn't need his help in the end. I think head office gagged him. Also, my Father has emailed updates to the person at Tesco Head Office who put through the complaint about NPM to their Landlord/Landowner. Two of his emails have been de
  7. Despite doing my own Defense and WS without consulting on here, and this being a war and peace, I am pleased to announce my Father and I won in court today. The hearing started just over an hour late. NPM were represented by the MD/Owner of the company and a female member of staff who didn't say or do anything during the trial. I think this case was so important for his company to win, the MD didn't want to risk delegating this to a member of his team, which he has done in the past. They have also had several other cases dismissed/struck out for unpaid PCN's issued in this road. W
  8. A lot of the war and peace in my defence and WS, and even mistakes I have pointed out have not been countered or corrected even in the WS written by the head of the company!!! I did report the capacity issue at least twice, which only started after you upgraded your website. Anyway thats all history now. We are where we are.
  9. There is loads of pages, 0.5 cm thick, some already posted on here. Will take age to remove personal details and scan to pdf. BTW WS and defense could not be uploaded for consultation due to the capacity issue.
  10. Documents as requested. Hopefully all personal details covered up. My defence.pdf My Supplimentary WS.pdf My WS Statement.pdf NPM WS.pdf
  11. Obviously I am wiser now and have lean't a lot and would do things differently and not waste time doing certain things like appealing to the IAS, but what is done is done.
  12. Thanks very much. With the case being heard tomorrow is it too late now? Also i'm sure you will criticize my WS and Defense!
  13. You have not seen any recent documents because since your upgraded your website trying to do so has failed because I am up to my limit. Give an example of what had not sunk in and if you read the 250 post you will see that someone advised me to ask for proof that the operator had planning permision for their signs! Yes the duration was less than 10 minutes but that is not enough to win this case nor has not been a good enough defence to win other cases!
  14. I mentioned that NPM lost their contract in this road and since the new company took over double yellow lines have been painted on the road. Doesn't this strengthen my case. NPM refused to mark the road or make their signs clearer. They stated the Landowner did not wish to mark the road, but they have done now! The road is still unadopted. Interestingly the new parking company have not put any of their signs on the derelict building that NPM had place 4 on. They said the reason was that it is a listed building and their signage without these is still IPC compliant. I did ask the Claimant to gi
  15. If it has wouldn't I have received a letter stating it has been? They haven't replied to my email either, so either no news is good news or the claim will be heard as planned on Monday. To give 2 working days I had to post the Schedule of Costs today, so I sent it to the court and copy to the claimant.
  16. The Claimant paid their trial fee on time but had not submitted a WS and the evidence they wished to rely upon. I notified the court who checked their own records and confirmed this. Annoyingly the assistant DJ gave them an extension to 3rd January 2020 4pm, stating if they missed this order the claim would be struck out. I received their documents on the 4th, 1 day late, and if they sent the court their copy by the same 1st class post they would received them late. Their WS was dated the 2nd, as was the post mark, normal first class, which is not guar
  17. Thanks. At what stage can I claim unreasonable behavior costs? I was told I need to give written notice to the court of what costs/expenses I am going to claim about 7 days before the hearing. Do you agree? Also at the same time I was going to send a Skeleton. Some say these are not required for Small Claims, but others recommend their use and say they have helped win cases. What is your view please?
  18. I will try, but I have seen many examples on forums of operators or their Solicitors deliberately filing their documents at the last minute to avoid thorough scruitiny of these. What is worse is that some have still been successful with their claims. Where is the justice in that? Any deadline given by the DJ should be honoured otherwise this is contempt and the case should be struck out as you say. NPM also went ahead with their claim without following the Pre Action Protocol, so another black mark against them!
  19. The N157 states the Claimant has to pay the court trial fee or file a properly completed application for help with fees by a date which has not yet expired, then the claim will be struck out with effect from that date. The DJ ordered that each party shall deliver to every other party and to the court copies of all documents on which he intends to rely at the hearing by 4 pm on the 21st October 2019. It was noted that the judge may decide not to take into account a document or evidence of a witness if no copy of that document or no copy of a statement or report by that w
  20. My Father already phoned the court to confirm they had not received the Claimant's WS/evidence, which they did. They said it will be up to the DJ if he will accept these items late, but not that they would strike out the claim. If they are also late paying the court free on time then that will probably be a strike out.
  21. Just to update you. NPM are continuing with their court claim and the date is the 13th January 2020. I submitted my defence, witness statement and evidence all on time. However, tomorrow NPM will be 5 weeks late with their WS and evidence! I have now seen proof that NPM lost their contract for the parking management in this road. The Landowner refused to confirm this, but NPM were not seen for months, including on the busiest day of the year, Easter Sunday. The NPM signs have been removed and CPM have put up their signs in the road and someone has painted double yellow
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