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Court papers from Trethowans


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Hi everybody:) Received a parking ticket at Aintree hospitals a few months ago

- partner recieved notification as he is the registered keeper.

 

Sent a letter to say that he wasn't the driver as he was in work and they sent a letter back to say if he could name the driver they would transfer liability.

 

Sent another letter to say it could have been a number of people who were driving but defo not him!!

 

Received a letter off Trethowans who said the car had a disabled badge displayed in the hopes that this would reveal the actual driver but we just ignored that letter.

 

Received court papers today:!:

POC:- UNPAID BREACH OF PARKING REG. NOTICE

DETAILS- date, ticket number and amount

Then goes on to say about claiming interest pursuant to section 69 of the County Courts Act 1984.

 

What do we do

- partner will go mad cos he already has a CCJ from HFC?

Obviously we want to defend this as it wasn't him driving so why should he get penalised??

 

Do we have to fill in the Acknowledgment of service and the defence and counterclaim form?

Please please help as I have to tell my partner when he comes home from work:jaw: and if I have some sort of answers for him it would make it more bearable!!

THANKYOU IN ANTICIPATION!!

<<<If I have helped please tickle the scales;-)<<<

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I should get over to PePiPoo and flag up this matter there. People on there have experience of previous cases from these solicitors and this hospital.

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Do we have to fill in the Acknowledgment of service and the defence and counterclaim form?

Yes fill in the acknowledgement of service, and tick the box that says you wish to defend the whole of the claim. This will give you 28 days to submit a full defence, which will obviously be that your partner can prove he was elsewhere at the material time, and couldn't therefore have entered into any contract relating to parking at Aintree.

 

He can only get a CCJ if they a) take the claim all the way to a hearing (unlikely); b) win the case (extremely unlikely); and c) he doesn't pay the judgment within 21 days.

 

There's more chance of Shergar winning next year's Grand National ridden by Lord Lucan.

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Thanks everybody- Al27 replied to pm:wink: Have joined pepipoo too and just pasted this post-never been on pepipoo before but read through some of their posts- between us all I'm sure it will be sorted!!

<<<If I have helped please tickle the scales;-)<<<

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Aintree tried Court some time ago and lost as the judge said it was a penalty, and private tickets cannot issue penaties

If memory serves papers came to light from the Aintree Hospitals NHS Trust that disclosed that the scheme was intended to penalise drivers.

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Either Trethowans are just in it for the cash and not worried about their reputation after the last Aintree cases, or Aintree are putting pressure on them to try again! Madness even if they win its costing them more then they could recover!

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  • 2 weeks later...

Ok- there havin none of it!!! Received allocation questionnaire today! They've also changed to our local court!! Seems pretty much straight forward - just stuck on what to put for G-"other information" Also where it says about witness shall I put in that his boss will sign a statement to say he was in work and driving his van so it couldn't be him driving? Pooping myself now ;-(!!!

<<<If I have helped please tickle the scales;-)<<<

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Ok- there havin none of it!!!

 

In all likelihood nobody's even read it :-)

 

I'd just repeat what you've already said under part G. Save any proof for your full defence later (if it gets that far).

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  • 2 months later...

Finally received a letter from court to say they are recommending a mediation service and the claimant wishes to attempt mediation- does he have to go for this- I don't see the point in it as they know he wasn't driving but have still pressed ahead with court proceedings- are they really going to listen now?

<<<If I have helped please tickle the scales;-)<<<

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Trethowans tried it on with a keeper last week in Liverpool and were sent packing. Tried asking the judge to order the defendant to say who was driving. Judge said he had no authority to do so. Basically if your partner says he wasn't driving and can prove it then its case over!

They also send local agents who dont seem to know too much about what is going on.

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Hi Notts_Phil- he's got the hearing date in Feb should it not be resolved by mediation- many people have helped already but I've a feeling I'm going to need a lot more!!

 

Esmerobbo and DBC- just read the post on pepipoo- feel slightly more relieved now!!

 

Just need to start getting everything together- Liverpool CC will be sick of us- 2 tickets from Trethowans!!!

<<<If I have helped please tickle the scales;-)<<<

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  • 1 month later...

Has anybody got any ideas on what to write in defence? Got some great stuff off Al27 about penalties etc but wanted something relating to them suing the RK and not the driver.

 

Who was it they lost in court with- was it daveyweir?

 

Thanks guys:wink:

<<<If I have helped please tickle the scales;-)<<<

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Davey Weir won on the penalties factor, but there has been a big one since then.

 

NHS Aintree Foundation Trust v Perera

Case no. 1UD12840

 

£1622.84 costs sought from 25 tickets.

 

Mostly double yellow line parking incidences.

 

• Judge agreed that each amount was a penalty not a pre-estimate of damages

• Agreed that the Circuit Judge's findings in Thurlow v OB were persuasive

• Nobody was obstructed, no spaces were taken and a permit was on display

• Dismissed the notion that parking management was the purpose of the private ticketing regime

 

If you can prove your OH was at work it would be game over.

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Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!:madgrin:

<<<If I have helped please tickle the scales;-)<<<

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Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!:madgrin:

 

They cant, their claim is for breach of an alleged contract which the DRIVER allegedly read on signs and allegedly agreed too by parking. The RK was not party to any contract they can not be held responsible for it.

 

Have you read the freedoms bill? The PPC brigade are asking for RK liability for parking charges, now if they are asking for RK liability then they accept that it does not exist at the moment.

 

PS: Sent you a PM

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Thanks esmerobbo- (replied to pm:wink:) They are saying it's not for breach of contract it's for parking in a forbidden bay!! They just contradict themselves over and over again!!

<<<If I have helped please tickle the scales;-)<<<

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So they're going down the trespass road? The same applies. If the RK wasn't driving and wasn't there then they didn't trespass!! Its even more clear cut than the contract one!

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