ES Parking/Gladstone claimforn - PCN Spinningfields Manchester

[ericsbrother]

they want a paper hearing because they keep losing the attended ones. Get hold of a N159 and object and sent it back to your court even if the gits havent sent you a copy as instructed.

Parking Prankster has further advice and that is go for a strike out on the basis of CPR 16.4- they havent shown what it is they are after properly and that include failing to respond to CPR 31.14 so if they didnt answer that request they stand a good chance of losting on this basis.

[yes123]

I am in the same position as Ging and Northwest - I have filed defence and completed DQ and case has now been allocated to local court.

No mention of paper hearing thus far.

Defence focused on points raised within this thread.

 

Now waiting for a hearing date.

[dx100uk]

best to start your own thread yes123

start a new thread

[yes123]

We have all received identical claims from same claimant at exactly the same site plus we are all at the same point in terms of court process, on that basis surely better on this thread

[dx100uk]

yes understood

but to show the scale of the problem

its better to each have your own thread

more hits on twitter and google etc.

[yes123]

plenty of articles in Manchester Evening News already

i would like to touch base with other D's on here

but in due course will start new thread

[Beamengine]

plenty of articles in Manchester Evening News already

i would like to touch base with other D's on here

but in due course will start new thread

Get in touch with the Manchester Evening News and get some more articles published. Start off with the lack of signs stating that it is private land as required by the IPC code. That should start a vigorous discussion with the Council

[ericsbrother]

when you have a hearing date I bet that there will be a number of cases sitting next to each other in the schedule.

 

 

It may be prudent to let people know when you have a date so you can compare notes and maybe ask for the first one to be taken as a test for all of the others.

 

 

Make sure you have everthing you need collated if you go down that route.

 

 

It will also mean that every other ES claim will be treated the same way so you will be doing others a service.

[NorthWestITConsultant]

ginger: Did you get anything back regarding a court date?

 

I've heard nothing yet.....

[Billy187]

I was in Court this week against ES Parking.

 

The judge pretty much laughed the Claimant away and their claim was dismissed.

 

If anybody needs any help against these guys give me a shout.

[Roobear]

Hi Billy, what were the details of your case ? I, along with Giner and NW IT Consultant are just about to go through it, so sharing your experience would help (me at least).

 

I've just sent my form to the courts along with letter to object to an 'on paper' hearing. Only sent today, so guess it'll be a wee while before a date is set etc.....

 

Any specifics from your defence that could help ?

 

Cheers

[dx100uk]

I was in Court this week against ES Parking.

 

The judge pretty much laughed the Claimant away and their claim was dismissed.

 

If anybody needs any help against these guys give me a shout.

 

 

 

billy

start a new thread

post up all you documentation please and theirs

much better way of doing it that randomly around releven t threads

then we can refer people to it.

PDF the stuff please

put it all in ONE MULTIPAGE PDF

not lots of 1 page files!!

 

 

you can do this by following the UPLOAD

 

 

dx

[ericsbrother]

a commentary is on the parking pranksters blog. If you would be kind enough to post up thr court claim ref number, court and date then everyone else can quote it. I suspect that they may well discontinue but seeing their latest failure highlighted will certainly make them want to.

[Roobear]

Billy - anything you can share that would help at all ?

[Roobear]

Ginger / NW IT - any news on your cases ?

[NorthWestITConsultant]

Ginger / NW IT - any news on your cases ?

 

Nothing yet on my end.

[ericsbrother]

swap claim numbers so you can see if the cases are being heard at the same court when you get more info from the courts service. You can then go after them using the first claim as being the decider for all of them, You can also use the thrown out claim already written about if you can get more details.

[NorthWestITConsultant]

Still nothing from them....

 

If they don't go ahead and pay for the claim, do i then have grounds to go after them?

[ericsbrother]

If you can show that the claim was reckless, vexatious. malicious or the like then you can go after them using CPR27 for costs for wasting your time and money preparing your defence etc.

You can back this up by showing previouse cases where they lost and were awarded costs against them but there are no guarantees.

 

 

Judges like to go by previouse cases even if they dont actually set case law.

A good example of this is Brodrick v Gale and Ainslie Ltd at the Swindon county court where damages were sought on a recognised formula used in courts for years but as it was only a county court decision the defendants decided they wouldnt go along with this and found to their greater cost that the next tier decided that county court judges can set precedents that others are then expected to follow.

 

 

That is one of the reasons PE were successful in their claim in the Beavis case, HHJ Heggarty had been busy creating his own contract law and as he was more senior than most other county court judges they were obliged to follow that lead.

 

BTW Gale and Ainslie Ltd were bankrupted by the case wheras if they had gone along with the original formula for damages they would have paid out about £3k to the Savernake Fly Fishers

[Oddfellow]

ES lost one this week for Spinningfields, as the Judge ruled that the signs were prohibitive and no contract could be formed. Look on Parking Prankster's blog for details and case number.

 

 

Could be good news for all of you defending claims there.

[ericsbrother]

also,

another 6 claims being heard yesterday so if they put in a suitable defence the company might want to discontinue.

 

 

You could suggest this to ES (not gladdys) or you will go for a CPR 27.4 costs order as they know they have no chance of winning. as that will save them about £150+your costs they could be tempted.

[ginger1981]

Just catching up with the thread.

 

 

Our court date is the 1st Feb,

am looking to finalise all the defence

will certainly be looking up the cases on Parking Prankster as suggested, and any information Billy has.

 

 

I was back in Manchester before Christmas and some (though not all) of the signs have been changed.

 

 

I'll try and upload so you can see the difference.

Do you think this will work in our favour?

[dx100uk]

if they've changed the signs yes you should be home free

[ericsbrother]

they have lost the defended court cases because the old signage is rubbish

 

. as long as you have a decent picture of the old signs you are home and dry.

 

The new signs arent any better,

how are you supposed to read the sign if you dont stop?

 

still prohibition, unfair contract term etc.

[ginger1981]

Yes, have lots of pictures I took shorty after getting the initial PCN