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    • Hi Shelley and hope you're ok 🙋‍♂️   Is the respondant an individual, a business, a Ltd Co, etc ? This info may help others advise on how best to enforce the Tribunal award.   Interest  -  it's the award amount of 2,500 times 8% divided by 365 which gives you the daily interest amount, times the number of days.   Or 2,500 x 0.08/365 = interest per day = 55p per day   Or use the factor of 0.00022 to give the same result for the daily rate of interest to add. 2,500 x 0.00022 = 55p per day.
    • receipt converted to PDF and added to last post      
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
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    • seems like your payment issue is not just your error      
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ginger1981

ES Parking/Gladstone claimforn - PCN Spinningfields Manchester

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the whoever is up first should come back here and give out their claim ref number and the result so it can be used by the others.

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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?


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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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Thanks Ericsbrother. I put recovery of cost as final point on witness statement (post #168 above) do I need to do anything else or will it be taken from that letter?

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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 costs@£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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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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

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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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you cannot afford to miss out anything.

 

 

Go there in person and view the plans if necessary.

 

 

If it is a public highway then you move that up the order to point 1 of your defence

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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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Nothing else in writing Oddfellow, I did seek further clarification but they haven't replied.

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Then you need to follow EB's advice and get that appointment to view the records. We're all wishing you well!

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More ES/Gladstone claims re: Spinningfields dismissed (and costs awarded) in court yesterday, as reported on the Prankster's blog

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More ES/Gladstone claims re: Spinningfields dismissed (and costs awarded) in court yesterday, as reported on the Prankster's blog

 

Do you know how I would get those court references Oddfellow?

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as reported on the Prankster's blog

parking prankster website


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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blog for recent cases, website for library of importnat decisions and transcripts.

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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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