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

[Nimrod205]

In your paragraph 5, you inadvertently admit to being the driver because you state that "the defendant was unaware of any signs until alerted to them" - - and you ARE the defendant.

[ste2562]

hi nimrod, thanks for your reply, i will omit that paragraph as it was only an add on from the previous WS statement. thanks for spotting that.

[ericsbrother]

point 2.

It is denied that the defendant was the driver at the time and as the claimant doesnt rely on the POFA to create a keeper liability etc etc.

 

3. ECP have failed to show locus standi by producing a contract with the landowner that siigns the right to enter into contracts with the public and to make legal claims in their own name

 

4. ecp dont have planning permission etc etc

 

5 in nay case no contract formed because.......

 

6 further to that, there ar no signs .........

 

That removes point 9 as it is now higher up the pecking order.

 

I would then say that for point 10 you start off by saying the particulars of claim do not reach the necessary standard of CPR 16.4 ( and other bits of procedure- look them up and quote the number) and the continue with the detail.

 

 

There is plenty more about the wording of this in the parkingpranksters blog from last year

read about 3 years worth of that and quote the case numbers and copy the precis of the cases as an appendix to the WS, along wth the other documents mentioned.

 

 

Use every example you find rather than relying on one,

the ranking of the judges making those decisions are important to how much weight will be applied to them,

Not that they are persuasive rather than compelling

[ste2562]

hi EB,

thanks for the reply and info,

 

 

all done and ready to be sent off to the court and gladstones,

sending to the court tomorrow 15/09/17

and will get my daughter to post to gladstones on the 25th sept next day delivery.

 

 

thanking everyone on this site for all your guidance, help and advice...

you have all been a massive help in enlightening us to the process of defending the court case.

 

thank you all and my best regards

 

i will be posting up the outcome as soon as the case is over

[ericsbrother]

dont forget to challenge the right of audience of their rep, if they arent a solicitor, work for Gladdys directly or employed by ECP directly they dont have any right to say a word. Take a copy of the rights of audience regs with you along with all of the other stuff like POFA etc.

[ste2562]

hi EB, got all that sorted...rights of audience ..pofa...town and country planning..BPA COP..CALILL V CARBOLIC ..and all pics taken

regards

[ericsbrother]

keep trawling through other places like the parking pranksters blogspot to keep up to date with other similar cases, as said judges like results that they can use to show a convincing argument as it means they wont stand out in a crowd with an odd decision.

[ste2562]

hi EB,

i will be taking the iPad on holiday next week to still refresh myself with the info and act on your advice to still keep up to date with other cases even though my wife says enough is enough and just go with what we have,

 

 

again thank you all especially you ericsbrother for the guidance and knowledge you have provided and hopefully it goes in our favour plus other people can gain the knowledge you have provided in this thread.

 

 

..off on holiday monday to recharge our batteries after a few months of stress.

thanks everyone

[ericsbrother]

all battle plans survive up until that first contact with the enemy.

 

When you printy off your docs number all of the pages,

use coloured tags on the sections so you can find then easily.

 

 

It is a nightmare when you mention something as part of another point and you are asked if you have ths in writing and you spend an age thumbing through reams of paper because your paperwork is ordered in a particualr way so an INDEX as well.

 

 

Whatever the result you will leave thinking "I should have said...."

 

The times I have been to court the judges have been mostly polite and let you say what you want and give you the opportunity to ask questions.

They are good at not giving away their feelings on the quality of the evidence or the veracity of the witness until they sum things up for the microphone and then deliver their decision and what law they are using to make that determination.

 

 

Sometimes a claim is fatally flawed from the outset but the opportunity is given to press the claim anyway.

There are reports of judges being very confrontational towards one party or another in civil cases,

they are rare and usually reserved for people who should know better but not always.

 

 

There are 2 recent parking cases where the defendant was treated very shabbily and there used to be a judge who believed that if someone sued you then you must owe the money regardless of the evidence to the contrary.

there is an appeals process if you think that it was your day in front of them.

 

I was sued by CEL and counterclaimed.

CEL lost their claim before the hearing had commenced by way of a CMO being ignored

I was warned that my counterclaim would be heard by him and that I would be wasting my time continuing.

 

 

It is funny but many people have won their claims for the same thing,

the breach of the DPA causing harassment and distress.

 

 

My judge said that the bar was very high for such a claim and that as I was confident in my manner

the normal method of measuring the anguish would not be met.

I'm glad that this has now been cleared up by Vidal Hall v Google and VCS v Philip, my case predates these judgements.

[ste2562]

hi EB, as always excellent advice and delivered in a way you can understand,

 

hopefully my battle plan should work out,

as i have been advised well.

 

i have already started putting my evidence in a fashion in which it will be easily recalled on the day

 

once again thanks for your brilliant advice

regards

[ste2562]

hi EB, here is the WS of euro parking services they sent with a NTK and photo of the signage they have included

scan.pdf

scan0004.pdf

[ste2562]

hi,

just received a letter dated 5/10/2017 from gladstones solicitors saying they have been instructed by their client to make contact with us to discuss settling this matter prior to the court hearing on the 11th october 2017..

 

they say.

.unfortunately they have no telephone number on file to discuss the matter further with us

 

they have given an email address and are asking for a contact number,

then say .

.alternatively,

please put forward your reasonable offer to settle this matter via email.

.they say that this approach is highly encouraged by the courts

 

hi, also the amount being claimed has risen from£238.33 to £263.33

[dx100uk]

Ignore

Discontinuance letter next

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?472471-UKPE-Gladstones-claimform-ANPR-PCN-Aviator-Way-Manchester-**DISCONTINUED**

[ericsbrother]

you ignore this approach and prepare for court.

 

As said above

the most likely outcome is they discontinue at short notice

 

work out your costs including preparation time of 5hrs@£19 ph and put this on paper as a full costs recovery under CPR 27.14.2(g).

 

It would be rare to get the full lot

but judges get fed up with their time being wasted so expect something.

If you dont have it on paper you get nothing.

 

The raising of the amount is another old trick to make you want to stop your losses.

what next,

a bill for £600 for sending you that begging letter?

 

Abuse of process so again part of your complaint about unrerasonableness as pert of the CPR27 etc

[ste2562]

hi EB, will do, but do i need to check with the court if they do discontinue just to make sure that they have?

[dx100uk]

they the fleecers will write to you.

then you contact the court

[ste2562]

hi, thank you,

quite unbelievable really the behaviour from these companies,

 

 

my daughter who is on here "Hayho1" has just been sent a letter before claim even though they know it is dead in the water because the NTK they sent was way too late..."fleecers and chancers"..

 

 

.i know now to make a stand and always take it to court if necessary.

lets see what i get through the post on monday or tuesday

regards

[ericsbrother]

As advised, if they say they are discontinuing you check with the court and if they havent given 48 hours notice you turn up anyway and claim expenses under CPR 24.14.2

you should stop naming the relationship between yourself and others posters, by doing so not only do you identify yourself and them but they will use your paperwork against her.

 

This isnt new advice but you seem to have missed it a few thousand posts ago.

 

]

[ste2562]

hi everyone, just had a letter from gladstones saying please find enclosed the notice of discontinuance which has been filed with the court

[dx100uk]

hey that 3 in recent days ...

 

wel done CAG

 

don't forget to donate if you can please

 

dx

[ste2562]

hi , thanks,

its all down to the team here giving excellent advice and their knowledge of how to fight back..

.i don't like losing..

 

 

.phoned the court ..

.dont think they have received the letter of discontinuance yet as i received mine this dinnertime so phoning back in the morning to check again .

 

 

..ERICSBROTHER advised to still turn up and put in a CPR 27.14.2 for costs..

...great news though.

 

 

..thanks to everyone for helping me put in a strong defence.

..good stuff..

.i will be donating as well to the site

best regards

[ericsbrother]

no notice into court then you turn up with a sheet of paper with your full costs on it. So 5hrs LIP preparation time @£19 per hour, travel, lost income.

You should lodge the claim for the LiP costs anyway for their unreasonable conduct. make sure that you lay it out well regarding the lack of proper POC, no evidence of locus standi, no proof of debt and Gladstones continuous abuse of process because their clients are also members of the IPC who are owned by Will and John, the 2 registered solicitors at Gladstones.

[ste2562]

hi EB, defo checking in the morning again to see if the court has been informed...so if the court has received the letter of discontinuance before the case is due tomorrow afternoon, do i still turn up or can i put a letter in at a later date requesting the full costs

[dx100uk]

when you check if they say YES

then ask them.

if they haven't got it

you still go.

 

 

so what , it might be a waste of time as such

but its belt and braces

 

 

dx