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ES Parking/Gladstone claimforn - PCN Spinningfields Manchester


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Today I spoke to court again, and apparently the fee has still not been paid (Due 4th Jan), but they still said I needed to submit the witness statements, so I posted them this morning. would the judge just cancel the hearing, or will he rule in our favour?

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would strike it out I suspect...

 

 

i'd get a wasted costs order in £18Ph lip costs at least?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You should now write a letter asking the claim to be struck out for having no merits whatsoever and ask for a full costs order under CPR 27.14.2(g)

 

 

List your costs as Litigant in person

 

 

research costs of 5 hours @£19 per hour and whatever postage, photography travel costs and disbursements you have accrued.

If you dont detail it your wont get it

 

You can also send ES a bill for £250 for damages caused by their unlwful processing of your data, namely accessing the DVLA database and then using that data when they had no legal reason to do so. The case for this is VCS v Philip at Liverpool 7/12/16.

 

Dont let them off the hook,

send the letter even if you dont intend to go to court,

 

 

by giving them notice you have started a litigatino clock ticking that doesnt run out for 6 years so they will be the worried ones.

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you need to write in again and submit a different claim as the one already on your WS is dead and gone now as it is discontinued so wont get read by anyone.

 

 

This time you say that their action was malicious as they knew that they had no prospect of ever winning so you want to claim LiP costs for your efforts

 

 

Probably still under CPR 271.14.2(g) but check have a look at other peoples cases in the legal section rather than here in motoring for the wording.

 

The demand for £250 goes straight to the parking co, not to court.

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I'm working on my defence next week - will share it when I'm done (in time for Ginger's hearing).

 

Ginger - could you share the full details of your confirmation from the council that Spinningfields area is an adopted highway - this would help my defence a lot. Thanks.

 

PS - I just rang the court and Gladdys have paid the hearing fee for my case in early December !

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more fool them.

 

 

Dont forget to add your full cost recovery request as a CPR 27.14.2() or (g)

Add 5 hours Litigant in Person research [email protected]£19ph even if they decide to bottle out.

 

 

You can then go after them for the unlawful accessing of your details via the DVLA.

 

 

Complain to the ICO about the DVLA not making therse bandits show a reasonable cause to be given them

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  • 2 weeks later...

Well, there's never a dull moment in this case.

 

The saga continues as we received from Gladdys their witness statement pack, and yet I have checked again today, and they still haven't paid the fee.

 

I asked if this didn't mean it would automatically be struck out, and she said they'd have to raise it with the judge.

 

I'm attaching what they sent as their witness statement

(if you ask me its completely generic and they probably use it for every parking case).

 

they have included the contract with the land owners,

which we've been asking for since day 1, and a map of spinning fields with white and yellow dots, but no key to say what said dots are.

I'm assuming they're the signs which they have up.

 

They've also included 10 pictures of the car at varying degrees of close up from 10.51-10.53 on the day of the alleged parking incident.

 

I apologise for the dodgy pictures,

hope their readable,

my scanner isn't working so I had to take photos.

 

Heres the files that wouldn't attach on the last post.

 

Sorry., heres the PDF

WS.pdf

Edited by dx100uk
PDF reduced in sixe and properly redacted
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management agent is not the land owner.

 

 

that named person must be thus in court

if not

whomever represents them can only simply hand over docs but not speak AFAIK.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

get a letter in to court and say that there is no prospect of theis case being successful and their paperwork is insufficient to show a cause for action, quoting the other cases they have lost.

 

They are likely to just hope that you forget about it all and they then save some money.

 

 

Es are a bit hit and miss on whether they fancy their chances in these matters,

they would like to turn up and browbeat you into agreeing to pay the something

-anything at the court door to salvage their costs.

if you dont they are sunk

 

Dont forget to tell ES that you are going after them after this.

Edited by honeybee13
Paras.
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Hi Ginger,

Do you have the Attachment proving that Gartside Street is an adopted highway and also the recent signage? Just putting together my witness statement.

 

Thanks

 

Hi NorthwestITConsultant,

 

 

Heres an image of the new sign and the email.

 

 

They have implied that its public,

but then when I emailed back to clarify,

just to be 100% they haven't replied.

 

 

I feel like they don't want to commit incase they get it in the neck from ES etc.

 

 

By the sounds of it the only way to know for sure is to go to their offices and view the plans,

but as I thought this would have been struck out by now I never went.

Gartside st sign and email.pdf

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Hi NorthwestITConsultant, Heres an image of the new sign and the email. They have implied that its public, but then when I emailed back to clarify, just to be 100% they haven't replied. I feel like they don't want to commit incase they get it in the neck from ES etc. By the sounds of it the only way to know for sure is to go to their offices and view the plans, but as I thought this would have been struck out by now I never went.

 

Thanks Ginger,

 

Have you started proceedings against them yet for breach of the DPA?

 

Cheers

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Sorry, but being Devil's advocate here,

there is nothing in that short email in post 189 that implies anything whatsoever about Gartside St being maintained at the public expense.

 

 

What it says is that the records show the EXTENT of the land that is maintainable at public expense, and that you should view those records by appointment.

 

Do you have anything else in writing from the Council in this matter, because that WILL NOT stand up as a defence in Court.

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as reported on the Prankster's blog

parking prankster website

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

this morning was Dday, and we won.

 

 

It wasn't as straight forward as we expected,

and the judge seemed very strict,

 

 

I'll come back tonight and give more details and advise about what the judge said was and wasn't relevant in our witness statement,

 

 

but the key point was that the sign wasn't sufficient to form a contract,

as you would have to stop to consider the terms and conditions,

but in doing so you would have broken them.

 

 

He also pointed at Mr Hargreaves and said "Rip off" which made me smile.

No costs awarded though which annoyed me, but hey ho.

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