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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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parkinghelp1

PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt . **DISMISSED**

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ok thanks, bit worried now.. how will this go down, what kind of questions are they going to ask me ! :l

 

Hi. What is who going to ask you please?

 

HB


Illegitimi non carborundum

 

 

 

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ok thanks, bit worried now.. how will this go down, what kind of questions are they going to ask me ! :l

 

There's a fair chance you won't get asked anything, as the judge will expect you to provide all information in support of your defence when it's your turn to speak. Get it all written down on paper and head it with "Skeleton Argument"....and then just read it out, point by point. If you need to refer to a case bundle, then have the relevant pages marked out in advance, and then tell the judge which page it's on and on which para etc. If you've brought copies of relevant legislation, cases, etc. with you that you refer to on the day, just mention that "you've brought copies with you, if you'd like to have one Sir/Madam".

 

Keep it simple and to the facts, and don't get drawn away from what you've got written down...and stay away from discussing who was driving the vehicle etc. Keep if focused on the absence of contract (which is what the opposition is claiming i.e. they have contractual rights). You won't need to argue or debate anything.

 

Maybe post up the points you'll be making and ericsbrother might help you tighten up a bit, if necessary.

 

P.S. You should give a copy of the skeleton to the judge and other side's solicitor.

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@shamrocker

 

oh really!

how is the layout of this case in court.

. judge at the front me then their solicitor on the right or left side?

 

so when the judge asks me,

all i have to do is refer to the points i have in my written statement just read that out.

 

. will they ask questinos like,

were you the driver of the vehicle?

did you park there?

 

in which i guess i would just have to say,

i did not enter into any contractual agreement to pay any charge?

will it be a full on conversation or just relaying points to the judge.

i will post up the skeleton version also.

 

i really dont feel like going now :l

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how is the layout of this case in court.

. judge at the front me then their solicitor on the right or left side?

 

Judge sat at their desk facing you, and then you and the opposition sat side by side at a standard desk. That's my experience of it.

 

so when the judge asks me,

all i have to do is refer to the points i have in my written statement just read that out.

 

Your WS covers all the main points for your defence, so it's going to be your friend. If you don't feel comfortable saying too much on the day, you could maybe take the approach of making a concise attack on the main points and then simply state "I refer to this in point x within my witness statement". Just line the main points up and reel them off one by one. I'm really not very well versed in this subject area, but I do know that during your first time in court, your stomach will be in a knot, so the simpler your strategy the easier it will make the experience. Don't ramble on about anything you haven't planned for or you'll erode the impact of your main points, and ultimately play into the hands of the other side.

 

Don't get emotive about any of it. It won't help your case. Just be polite and professional. Don't take anything personally that the other side says about you or your defence - they're good at sounding convincing, but just think of them as con-artists. The judge won't be stupid and will appreciate a good coherent defence that addresses the key points in a nice and simple manner.

 

will they ask questinos like,

were you the driver of the vehicle?

did you park there?

 

They may well do, but you can plan a response for that - right??

 

in which i guess i would just have to say,

i did not enter into any contractual agreement to pay any charge?

will it be a full on conversation or just relaying points to the judge.

i will post up the skeleton version also.

 

Personally, I would just say that "no, it definitely was not me who parked the vehicle there, but I fail to see the relevance of that in light of the issues I raise within my witness statement."

 

i really dont feel like going now :l

 

It's not as bad as you might imagine. You are on really solid ground here, so the judge is likely to be fairly supportive....especially as you're a LIP. Hold your nerve and you're likely to come away with a win, from which you'll gain a lot of satisfaction and be glad you saw it through. Giving up is just what these robbers want and will hand them easy cash that they don't deserve. Go there and show them they can't just bully good people into handing over their hard earned cash for no reason.

 

It's important that you spend time considering how you'll put your case forward though. Don't just leave it and hope it all falls into place, because it won't. You've still got plenty of time to get your head straight on it.

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the judge tells the claimant to say why they are claiming from you and then the judge may ask questions and then you can ask questions of that and then will say why you shouldnt be paying and they can ask questions of that.

 

Both sides will be asked to sum up and the judeg will then formally go through the points raised, the applicable law as they see it and tell you what they have decided.

 

One thing you need to do is ask for the other side's representative what their SRA roll number is because if they are not a solicitor or dont work for PPM they are not allowed to speak.

 

You need to do this as soon as you get into the courtroom.

Take a copy of the relevant legislation that covers representation, it is referredto on many threads in the Parking Prankster's blog.

 

If they arent a lawyer their rubbish POC will sink them as you can then challenge the content,

Authority to make a claim,

why they are claiming (contract or breach of contract-they never say which it is)

why they are suing you as keeper when POFA not used to create a keeper liability etc as well as the other issues.

 

This may be enough for the judge to call it to a halt before getting to any evidence of the parking itself.

Edited by honeybee13
Paras

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so what if the judge turns around and says did you park there and why did you park there knowing the terms that were on the signage..do i just say

" there was no contract taken out,

Further to this the claim fails to identify how the claimant has a cause for action against the defendant as they say EITHER keeper or driver.

 

These are not the same and as PPM do not rely on the Protection of Freedoms Act 2012 to create a keeper liability the defendant asks for proof as to who was the driver at the time of the event.

 

what if the judge just asks straight outright if it was me..

do i admit it it was me who parked there or say,

"There was no signage at the entrance to the land to indicate that you were being offered conditions to park if you entered that land from the public highway.

This then makes the small signs on the walls of surrounding buldings and at the rear of the site unclear and inadequate as there is no clear indication as to what land is covered by any agreement and the siting of the signs means that they are easily overlooked.

 

It is therefore denied that there was offer and acceptance of anything by way of this signage as the driver didnt notice them.

 

the signage itself is not an offer of a contract but a notice taht parking is for permit holders only.

 

This effectively prevents others from being offered a licence to park by way of an offer and consideration of a contract and thus anyone else would be trespassing as they do not have a permit that gives then licence to park.

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your scenario is uncommon

so what you dont do is play with words.

 

You say that for example the parking co have not created a keeper libility and I am not going to name the driver at the time.

You cannot be forced to incriminate yourself or anyone else.

 

Judges like the claimant to make their case and you to how & why it isnt so.

Sometimes the claim is so flawed procedurally it cant be allowed to continue and the judge will question the claimant before you are allowed to have a go at anythng.

 

Likewise, if you put your defence down solely as " it isnt fair" then the judge is likely to question you about this to the exclusion of any other point and then find for the claimant regardless of the quality of the claim.

 

That may seem a little unfair but there is nothing to stop you or anyone else taking advice on how to do things and if you havent then that is tough.

 

Dont forget, this all replaces trial by combat and it is not so long ago that was scrapped.

Scotland still had it until the 1990's

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ok so just some answers im revising if they get asked and im assuming these qs will most likely get asked please feel free to add any other qs and responses that could be possinble.

 

Q) were you the driver at the time of the vehicle?

A) the parking company have not created a keeper liability therefore i am not going to name the driver at the time.

 

Q) your vehicle was parked on the premises where the signage applied and conditions were not met which is why this PCN was given

A) no contract was taken out or agreed too, the defendants vehicles was present for less than 5 minutes,This grace period is set by the BPA as being at least 10 minutes and as they are the principal Trade association for parking companies their minimum 10 minute grace period becomes the accepted code of practice for this.

 

anything else they can ask and anything i need to add if asked to those questions... i suppose ill have the witness statement i wrote infront of me so i can easily just read over that and refer to that..

 

will it in be in like a small room or a proper court where the judge is up at the top on his stand

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"one thing you need to do is ask for the other side's representative what their SRA roll number is because if they are not a solicitor or dont work for PPM they are not allowed to speak."

you also said this, how ill i confirm this by there SRA roll number that they work for ppm or are a solicitor?

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will it in be in like a small room or a proper court where the judge is up at the top on his stand

 

This was answered in post #81, it should be much less formal than court rooms you see on TV. Remember to call the judge Sir or Madam though. :)

 

HB


Illegitimi non carborundum

 

 

 

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Depends where it is held,

older courts have fixed wooden seating like pews in church and a slighly raised bench

(have been in a court like that but the judge sat at a table in front of the bench),

more modern ones have a fixed desk and everyone else sits in front of this at desks that can look remarkably cheap school furniture.

 

You are usually invited to plonk yourself down where you want to sit and the other side are then told to sit next to you with a small gap so you are slightly left and right of the front of the bench.

 

The judge doesnt dress up unless for some strange reason you wish to employ a barrister and then they both have to don their garb.

Room sizes vary, I have had a Case Management hearing held in chambers, which is a side cupboard where judges put their coat and papers etc before entering court. Barely enough room for 3 chairs.

 

As already said,

the judge will tell you the running order on who speaks first,

when to ask questions etc and invites you to summarise.

 

They then record their formal spiel about thow they arrived at the decision they are about to give and thenfinally say they find for the claimant/defendant and say that all monies/costs should be paid by such a time and whetehr an appeal would be allowed if it looks like a contentious decision.

 

On rare occasions they may say they wish to consider the matter and will let you know by post or calling you back in say 14 days.

 

I cant see that happening for a parking claim but if you raised disability discrimination as the thrust of your defence then they may have to refer themselves to another judge or court.

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well done everyone..

 

 

don't forget to put back all the help CAG has given you

keep us operating.

think about donating something please

 

dx


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Well that's a turn up for the books-NOT!

 

Well done. Did you think about asking for your costs?

 

I would have gone for LiP costs due to the unreasonable conduct of the claimant.


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the judge asked me about travel and parking costs and loss of earnings which we sorted.. i didnt know i was able to claim for unreasonable conduct of the claimant, am i still able to, and is it worth still claiming and how much would i be able to claim..

 

BIG THANK YOU to everyone that has helped on here, i wouldnt of known what to write or do... you lot are good people and what you do is appreciated! :)

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well done for you.

Unlikely you can claim costs as you didnt present them at the time. You could have asked for them under CPR27.14.2g, it is in a myriad of other posts so not exactly a secret. As you got back your expenses for the day then you havent lost out by not doing this.

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you guys are clever!

 

Thank you for that comment. I'm sure the members who have helped will take heart from that.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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the judge asked me about travel and parking costs and loss of earnings which we sorted.. i didnt know i was able to claim for unreasonable conduct of the claimant, am i still able to, and is it worth still claiming and how much would i be able to claim..

 

BIG THANK YOU to everyone that has helped on here, i wouldnt of known what to write or do... you lot are good people and what you do is appreciated! :)

 

Well done! Delighted for you. It just goes to show, despite how concerned you might have felt about your prospects in court, you didn't know that you'd actually caused your opponent to basically concede...largely thanks to EB and co. who created such a strong defence and WS for you.

 

It's a shame they didn't show up though, and create another case that can be used against them in future claims.

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