Jump to content


  • Tweets

  • Posts

    • I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply     This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks 
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
    • You're ignoring the most difficult issue in a trade agreement. It's not the tariffs or the lack of them  which is the tough part to reslove but the regulatory standards of the goods to be imported & exported that needs to be decided.   For example the EU banned the import of chlorine washed chicken since 1997 which of course hurts the US, and who are going to be very keen to include it in any new agreement with the UK and will use it to barter prospective concessions in exchange . As a nation we're going to first have to decided whether that is acceptable or not and that alone will be difficult enough to resolve. And that's just one product.   This has all the makings of a category 5 $h1t storm that will last an eternity. 
  • Our picks

rippedoff15

issued former tennant court papers for rent arrears/costs - What Next

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3653 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

We have issued the former tennant court papers for the rent arrears and costs incurred regardingt he house which they rented, the costs wihtin the claima re rent arrears, re-decoration costs and carpets etc which have all been damaged.

 

We issued court papers to our local country court and they have returned papers called notice confirming the defendant was issued by 1ft class mail on 21st Sept 09 and deemed served on 23rd Sept 09 and they have untail 7th oct 09 to reply to the court ie accept or defend.

 

What happens if the defendant refuses to repay and once the date of 7th Oct has gone can we get the court to issue CCJ order and whats the next form of action we take to get our money back.

 

 

 

cheers

Share this post


Link to post
Share on other sites
Guest Old_andrew2018

You will need to wait for your former tenants defence, couple of questions was an inventory completed before and after tenancy, what has happened to their deposit, and was it protected.

 

Andy

Share this post


Link to post
Share on other sites

Hi,

 

Well the courts are going mad, we filed a claim and the date of the 7th Oct 09 was comfirmed 4pm, we have asked to file a judgement by default but have been informed that the courts work load is 2 weeks behind therefore the judgement can not be issued until they have completed the back log of paperork, but in the mean time if the defendant sends in their paperwork even if its late they will accept that but not our default claim

 

Now fed up with the courts

 

cheers:mad::mad::mad::mad::mad::mad:

Share this post


Link to post
Share on other sites
Guest wino

I was under the impression that the courts adhered to deadlines:confused:

 

Surely they can't change the rules when ever it suits

Share this post


Link to post
Share on other sites

if they are two weeks behind

thats there problem

Share this post


Link to post
Share on other sites

I called the court today and calling into Chester Court on Thursday but have already been told that they are behind thus unable to complete the Judgement by Default. But if the defendant enters their paperwork late its accepted. They also told me that theirs nothing we can do regarding the matter.

 

Court moving the goal posts nd we feel that the court can do what tbhey want, if its past the filing date the court should fuse the defendant we know it sounds hard but we have to file on time

Share this post


Link to post
Share on other sites

i would still send the request for judgement by default to the court

Share this post


Link to post
Share on other sites

Well called into my local court and completed the paperwork for the Judgement by default, but have been told that it can not be issued for 2 weeks asn they are behind with inputting but hopefully the paperwork will be stamped soon, i will be phoning next week to try to get it issued asap

 

cheers

Share this post


Link to post
Share on other sites

Hi it seems madness to me also, my local court is also behind with the paperwork. My AQ had to be filed by 27th July, Claimants did not file theirs until end of August but court said "we are flexible to both sides" - what's the point of a filing date if the courts can't stick to it.

 

HH

Share this post


Link to post
Share on other sites

Hi,

 

yes i have just completed AQ for the Halifax claim with the help from legalpickle and filing frday but if the bank don`t file by 19th oct i won or not depending on the court

 

:mad::mad::mad:

Share this post


Link to post
Share on other sites

Well we have seen it sall now, we have had confirmation that the defendant has filed the achknowledgement which means they have 28 days to file defence. Not sure what defence as the rented our house not paid rent and caused damage to the property we have detailed photos before the house was rented adn detailed photos after the lady left also she had not paid rent for months as well.

 

Timescale

 

filed on 16th Sept and deemed serviced on 23rd Sept with a date of 7th Oct for the defendant to acknowlegde, call into court on 8th Oct and the clerk confirmed that no acknowledgment had been filed, but today a letter 9th Oct stating the acknowledgment was filed on 1st Oct 09, but how can the court confirm we can have the default judgement on 8th as no records and now the acknowledgement has turn up.

 

Also is the 28 days from the date the claim was first date ie 16th Sept and if the defendant does not file defend what happens next but if the defend file what do we do next ??????

 

cheers

Share this post


Link to post
Share on other sites

Hi All,

 

we rented out our house to a couple for 6 months, which ended up 9 months and the lady did not pay and left, we took the lady to court for the rent arrears and cost to replace the carpets etc etc and the case has not been heard as yet, As we were unable to pay the mortgage on the house the lender has now taken it and charged the locks.

 

But should we still claim off the old tennant or just forget it and stop the court case, the lady in question was n arrears and costs to the sum of £2.5k

 

as we no longer have the house can the court refuse to here the case

 

not sure now what to do push for the funds which is outstanding or forget it

 

any feedback would be helpful

 

:mad::mad::mad::mad::mad:

Share this post


Link to post
Share on other sites
Guest Old_andrew2018

You really need to seek legal advice, however IMHO you still have a case against your ex-tenant

Share this post


Link to post
Share on other sites

Yes you definitely have a case. At the time the tenant departed the house was yours.

The case should not be of any concern to the mortgage lender.

 

What are your prospects of getting anything back from the ex-tenant?


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Share this post


Link to post
Share on other sites

 

What are your prospects of getting anything back from the ex-tenant?

 

 

This is the question and the first one a solicitor would ask. There is little point litigating against someone if a) their address is transient b)they have no stable income.

 

However right your claim is you need to asses the likelihood of coming out ahead in the end.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...