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    • Name of the Claimant :       vehicle control services limited 2 europa court  sheffield business park sheffield  s9 1xe     Claimants Solicitors: (if one is stated)   Date of issue –  28th may 2020   Date for AOS - 15th june 2020   Date to submit Defence - 29th june 2020     What is the claim for –    The claim is for a breach of contract for breaching the terms and conditions set on private land.   The defendants vehicle xxxxxxx, was identified in the Berkeley centre pay & display on the xx/xx/xxxx in breach of the advertised terms and conditions; namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site.   At all material times the defendant was the registered keeper and/or driver.    The terms and conditions upon entering the private land were clearly displayed at the entrance and in prominent locations.    The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.    The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.   The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   What is the value of the claim?   £160 + £25 court fees =  £185 total   The claimant beleives that the facts stated in this claim form are true and i am duly authorised by the claimant to sign this statement signed   jake burgess  (claimant)
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    • Am looking for some advice, and i know you guys are always helpful   My parents moved into a rented accomodation back in the early 80's and have a standard tenancy agreement covered under the 1977 rent act.   As a sitting tenant, the landlord did virtually no work to the property, with my parents maintaing when needed. We lost my dad a few years back, and my mum is struggling to maintain. We have had major issues with electrics and drainage which we approached the landlord for with no replies for last 18 months. We did all we could to work with them.   I have done as much as i can do, but am aware it is quite unsafe and we managed to get the local council to help. They assessed the property remotely, and sent a list of repairs that the landlord needed to perform within 6 weeks. After tradesman have reviewed the repairs Include: Removal of an unsafe conservatory Rewire of entire property - including new mains Repairing a partially collapsed sewer. Repair/replace damaged single glazed windows. Making fire safe   The landlords have been in contact and started some works, however - am very aware with mum being on her own, with COPD we need to keep her sheilded.   Are the landlords obliged to put her in alternative accomodation while the works are carried out? What precautions can i make to ensure the tradesman are compliant with COVID-19 regualtions (We have not allowed any internal works to begin as yet)? Is there an alternative way out of this? Can i approach the landlords asking to move her into a more suitable property considering the works needed (4-5 weeks probable). Should i seek advice of a property solicitor at this point? Can they immediately raise the rent to market rate? (I think they/we need to appoint a rent officer) as its quite low at present. Is there anything we need to be careful of not to break the tenancy rules?     My parents have been benefiting from the low rent, but have installed central heating, new boilers etc, lots of repairs to drive ways and maintenace. The place is on a fairly large space and they have always maintained the gardens. Personally, i would prefer to move mum into more suitable accomodation - but she loves this place and i know will struggle to leave.   Any tips on how to handle any of the above!   Thanks!              
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Can i sue my local council over summons issued in error

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Need some help please a few years ago i could not work and fell behind with my council tax and was taken to court which was my fault and i took it on the chin and agreed to pay the arrears off at £100 per month this plan is up to date and has never been missed.

 

However the council use the same agreement number for arrears and the currant years tax and this is where the problem is. I was sent a letter to say i had missed payments on the currant years tax which i had not so i spoke to the council and they said they would sort it, next thing i know is a summons is at my door.

 

So i attend court and provide receipts that show all my payments have been made both on the arrears and on the currant years so both are up to date.

The council do not take records to court so could not comment and asked for the case to be brought back to court in a months time.

 

So i attend court again and the council admit they have taken this years payments and taken them off the arrears along with the £100 i have been paying for the arrears.

 

The summons is withdraw so i have now had 2 days off work travel to and from the court because the council made a mistake. I find it hard they they could not have withdrew the summons the moment they found out saving me a day of work and trip to the court so i am planning to sue them for the cost of my days work and travel to court

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Not sure you can sue the LA

 

I have a feeling you should of requested costs at the hearing.

 

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Thanks for the reply i did request the costs in court but the judge did not feel they had the power to do so, my main issue is after the first court hearing the council could have withdrew the summons but chose to make me attend court again

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Thanks for the reply i did request the costs in court but the judge did not feel they had the power to do so, my main issue is after the first court hearing the council could have withdrew the summons but chose to make me attend court again

 

Section 64(1) of the Magistrates’ Courts Act 1980 (Power to award costs and enforcement of costs)

 

What about submitting a complaint to the Judicial Conduct Investigations Office? I bet he didn't think twice about awarding up to £100k to the council for a couple of hours work.

 

EDIT:

 

If he was a judge the above link is appropriate. If Magistrates heard your case then you'd have to contact the relevant advisory committee.

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have you tried going through the council's official complaints process followed by complaining to Ombudsman if necessary


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Section 64(1) of the Magistrates’ Courts Act 1980 (Power to award costs and enforcement of costs)

 

What about submitting a complaint to the Judicial Conduct Investigations Office? I bet he didn't think twice about awarding up to £100k to the council for a couple of hours work.

 

EDIT:

 

If he was a judge the above link is appropriate. If Magistrates heard your case then you'd have to contact the relevant advisory committee.

 

Seems quite clear to me, in a civil case you would of been able to argue for costs due to the other side acting unreasonable, in fact if you used the strike out/summary judgement process you could avoid it reaching a full hearing and get costs on the LiP £19 ph hour basis.

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....i did request the costs in court but the judge did not feel they had the power to do so, my main issue is after the first court hearing the council could have withdrew the summons but chose to make me attend court again

 

Does this make any sense?

 

Court Costs and Update (IRRV 30 September 2015) pages 33 and 34

 

COSTS (CASE LAW)

 

Patel v Camden LBC

 

19th June 2013

 

Queen’s Bench Division Administrative Court

(Silber J)

 

Summary

 

This was a case stated on appeal against a refusal of a Magistrates’ Court to make an order for costs against the billing authority under Section 64 Magistrates Court Act 1980, when dismissing applications by the billing authority for liability orders against the appellant for Non-Domestic Rate.

 

  • Legislation

Section 64
Magistrates Court Act 1980

-­Schedule 9 Local Government Finance Act 1988

-­Non-­Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I.1989/1058)

  • Key Facts

-­The billing authority applied for a liability order against Mr Patel which was refused; they also argued that liability orders issued against other companies in respect of 159-­161 Camden High Road, London should be set aside; again, this was refused

-­The ratepayer applied for costs against the billing authority which was refused

  • Decision

-­The application for costs should be refused

-­It was held the billing authority had acted honestly and reasonably in pursuing the applications for the liability order; as a consequence, costs should not be awarded

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Does this make any sense?

 

Court Costs and Update (IRRV 30 September 2015) pages 33 and 34

 

HHmm.. 'honesty and reasonably' are open to interpretation, if the evidence in front of it suggested the amount was owing then fair enough, BUT if the evidence if properly looked at at clearly showed that nothing was in fact owing then I would of thought a Judge should suggest that the case should never have been started and the defendant be entitled to costs. Surely it would then fail the 'reasonably' test ?

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