euro parking/gladstones claimform - PCN maghull centre merseyside **DISCONTINUED ++ COSTS**

[ste2562]

hi EB, thank you ,

will be reading up on the town and country planning when I'm away to get my head around it.

 

.just a quick question

 

..i know in my WS I include correspondence from Gladstone's etc, pics I've taken

..do i include stuff like the POFA, town and country planning etc, or is that to be taken on the day in my bundle

[ericsbrother]

take copies of the acts with you on the day,

the judge may well be cogniscant of them already but if you are asked why is this not creating keeper liability for example, you can refer to the act directly and everyone else can have a read.

 

 

if you have referred to it in your WS you take it.

If you refer to A PARKING Co v Smith (1997) then a summary of that case goes in your bundle

you exchange and send to court rather than relying on handing it over on the day.

 

 

Some judges demand a full transcript but that is rare for parking matters these days,

they have all sat on them before by now and will have done thier homework but may want to see if you have done yours so avoid referring to something you cant provide a reference to and preferably the whole shebang.

[ste2562]

hi EB, just a query,

when i submit my WS, do i put my wifes maiden name on the statement as the ticket was issued in her maiden name.

 

the day after we received the ticket we got married..

.should i put her maiden name on the WS as well as her marriage name, maybe in brackets?..

 

..also when we were issued the ticket on 20/10/2016 we were told we breached the terms of parking whatever that was,

 

but when we received gladstones WS on 9th may 2017 we were then told it was for parking without displaying a valid permit.

 

..my point is this that i then had very little time to research on defending the charge .

..our holidays were booked from the 23/06/17 which left me only weeks to do this compounded with the illness and death of my wifes father who took ill on the 04/05/17 and passed on the 20/05/17 and then funeral arrangements..

 

.would these events hold any weight in court with the injustice of the whole affair coupled with the stress that it has caused..

 

.as i have said in previous posts that this court case has faded into insignificance.

the money owed is not an issue it is the principle.

[ericsbrother]

Whoever is being sued is the one that files the WS, so it will be the keeper of the vehicle.

 

 

As far as this claim goes no-one else in the world exists so you do not mention them at all.

Have you not read any of the million threads posted here and elsewhere?

 

if she is being sued in her maiden name you put her Married name so it throws the claimants off track but really this should ahve been mentioned in the Acknowledgement of service so all subsequent paperwork is in the correct name and then any filing they did that was wrong could be challenged for them being lazy, sloppy etc.

 

you can go with her and speak on her behalf as long as you take a copy of the law regarding representation by a lay person or you may find that the other side will challenge this as they know they are going to lose the actual claim so will be desperate to get something to try and put you off your stride.

[ste2562]

hi EB,

i did ask over the maiden name,

married name back on post 20 and was told to put both it didn't matter,

but carried on with correspondence in her maiden name.

 

.i have read lots of threads on here and elsewhere but my energies were focused on my family over the last few months more than researching legal jargon..

 

i appreciate everything you have helped me with over the case but have had enough now

and want the whole issue over and done with whatever the outcome ,

 

hopefully in our favour,

once again thanks for all your help.

i will fill out the WS in my wife's married name.

[ericsbrother]

you ask about mitigation of funeral etc

- no they dont take any notice, it has nothing to do with the law

 

My point about names is that

they have decided to sue someone so you dont mention names at all,

you write in the third person so say things like "the defendant" rather than saying "I" or "Mrs Smith"

 

 

but the WS is signed off with normal name so as you have made it clear that this is different because of married name and they have continued to use previous name it shows that the claimant has ignored your correspondence and if you are lucky might get up the judges nose for not addressing her correctly.

 

 

after they have been told.

[ste2562]

hi EB,

just got back off my holiday to be welcomed by a letter from Liverpool county court,

Great News..

.it says...

 

it is ordered that the claimant having failed to pay the hearing fee as required by the court,

the claim has been struck out and the Claimant is liable to pay the Defendants costs unless the court orders otherwise...

 

We are absolutely over the moon...

saved me the job of having to print out all the bundles etc...

doing it all last minute .

 

.is this usual for the parking company's to do this and back out on the last minute?

 

thank you to everyone on here who has put in their time and effort to help us on this issue..

..what sort of costs can i get from euro parking services ,

just the likes of postal costs and stationary?

[dx100uk]

they didn't back out

they failed to pay the required fee by xx date

and the court struck the claim out

for failure to do so.

[ste2562]

hi DX, so it all over and done with?

[dx100uk]

yes done with

 

 

I would suspect the letter was a no costs order?

didn't state you could claim costs

 

 

what date was the letter

sometimes they are allowed to file late BTW.

[ste2562]

hi DX, the letter was general form of judgment or order dated 26/06/2017

[dx100uk]

goods 99% dead as its been more than a week for the court to state opps there was a mistake they had paid the fee which sometimes happens.

 

it doesn't say you cant claim costs so appears you can.

 

LiP costs are £19p/hrs which I think you can also claim

 

wait for EB to pop up

he has a much better hang on the parking claims than I do

 

dx

[ste2562]

thanks DX.

 

been away on so didn't know about the letter until today which was going to be spent getting WS together then post and hand deliver so saves me a job doing that as i had until the 12th july to sort it..

i will wait for EB

cheers

[ericsbrother]

a common thing to do,

they can resurrect the claim at a later date by paying the fee but more importantly for them at this moment they have saved a few quid by effectively withdrawing at a point where you cant claim costs from them unless you can prove the claim was frivolous or vexatious.

 

Being unreasonable at this stage isn't f enough so how do you prove it was frivolous or vexatious?

 

well with the latter if they had sued you a number of times before and lost each one that would do it.

 

For frivolous if they kept on resurrecting this claim and then dropped it yet again that would do

 

but at the moment they can point to thousands of other claims that they won by default and say that they were all real and each one was justified so dropping yours was just somehting they felt like doing to be kind to you.

Edited July 10, 2017 by honeybee13
Paras

[ste2562]

hi EB, so i won't bother trying to claim then and just let it go sounds like the best option.

[ericsbrother]

my advice is exactly that, if they do try again (unlikely) then you whack in a CPR 27.14.2(g) claim as soon as you get the new paperwork

[ste2562]

thanks EB, as soon as anything from a parking company comes through the post again i will be straight onto it...all your advice and help has been fantastic and educational...so glad it seems to be all done and dusted, just can't understand why these people threaten you with court and then not fulfil the threat...once again thank you

[ericsbrother]

they are using the courts process to coerce you into paying a duff debt.

That is unlawful but just consider the numbers who then pay up as they think the costs will go on and on rather than saying to themselves

" this is the MAX I will have to pay, lets make them earn it" and having their day.

[ste2562]

hi EB, thanks for the reply..i have spoken to so many people who just seem to pay up when they get these fines, i never have, but have never been threatened with court before and so it was a big learning curve for me, if it ever happens again i know how to deal with it thanks to people on CAG especially yourself

cheers

[dx100uk]

fines?

 

 

dx

[ste2562]

sorry, invoices..notices

[ste2562]

hi just had a reply off sefton council regarding planning permission for euro parking services maghull shopping centre

 

I write to inform you that the adverts relating to Euro Parking Services displayedat the above location benefit from deemed consent as they fall within Schedule 3, Part 1 Class 2A of the Advertisement Regulations and do not therefore require the benefit of advertisement (express) consent.

 

In the circumstances no further action is to be taken on this matter.

 

surely this can't be right

[ericsbrother]

ask yourself how they can be informational or a warning ( the govt makes it clear that this refers to signs like "fire exit")

or in an enclosed space like for example a football stadium or building ( have they never considered how you get into a car park?).

 

 

usual story of looking at part of a regulation and snatching at the first thing they come across rather than applying a bit of thought to the whole lot. I

 

 

suspect that many councils just cant be bothered to enforce such minor breaches of planning due to a lack of time and people so they invent a get out for themselves and thus the perpetrators.

 

Seen it all to often though

[ste2562]

hi EB, thanks for getting back to me, frustrating to say the least, would love to fight this more as i have been in dispute before with sefton council over a planning issue but will probably open a jar of worms..thanks for all your help and advice.

[ericsbrother]

you cant force the council to enforce the law.

The penalty for breaking this particular legislation is being forced to remove said signage, no fines or other financial discouragement.

 

 

It does make you wonder what would happen if a good citizen removed the offending signage and dumped it in the council yard with a note regarding the whys and wherefores though.