HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Rd Brighouse HD6 1NY *** Claim Dismissed Costs awarded***

[ericsbrother]

read uop on it on the parking pranksters blogspot and web site and copy cases where it has shown to be irrelevant. Judges like persuasive cases, thety follow others for consistency and they dont get into trouble then for making up new law.

EB should we include Elliot v Loake case in the WS ad an exhibit also?

[ericsbrother]

you also have said the defendant RETURNED to the car park. that indicates toyu were there before. Also, you are not writing a novel so just say " the signage at the site states".

[Chimichanga]

Thanks EB. Yes changed that as Shamrocker pointed out earlier. I get your point re the novel. I guess we were just trying to make sure all points were covered. Docs dropped at court and sent to Gladys.

 

Thanks for your help.

[Chimichanga]

Hello all

 

Today we received another WS from the Claimant, identical to the last except for the date the WS was signed. The first WS dated 11th Oct signed and dated on 10th Oct (printed electronic signature) and today's WS dated 23rd Oct signed and dated 9th October. Is this normal practice? Am I missing something?

 

Thanks

[shamrocker]

They've done that a few times that I know of. In my case, they sent both together - but they had different names on them.

[Chimichanga]

Grrr.....

 

Thanks Shamrocker.

[ericsbrother]

It HAS to be signed so the electronic one could be challenged and chucked out.

 

Who has signed the WS and in what capacity? You can make hay if it is soemone who works for the solicitors and not the parking co. Often happens that they forget who they work for as these are just roboclaims. If in doiubt pass on the name to an admin person and we can have a dig in the manure pile

[Chimichanga]

Hi EB

 

Thanks for that.

.they're both 'signed' by Kenneth Marland himself but not physically.

..it's a printed copy of his signature, so he hasn't physically signed it in person.

 

Have attached pics

Digital Signature.pdf

[ericsbrother]

the facsimilie sig isnt a problem, it is in what capacity soemone signs things.

However, he will have to turn up and speak about his WS or you ask for it to be discounted as you clearly wnat to cross examine him on his knowledge of this site and the circumstances surrounding the issuing of the charge and claim.

 

many judges are fed up of parkig co's clogging the court system with shoddy claims and wont want to waste tiem on this and dismiss any evidence that cant be supported in person.

 

Unfortunately a small number go the other way for the same reason and accept anything shoved in front of them to save time

Edited October 31, 2018 by dx100uk
spacing

[Chimichanga]

Thanks EB

 

Have today received yet another WS, different to the last, which 'challenges' the points in the one we sent to them. I thought they had to send everything they wanted to send 14 days before the court....talk about last minute

 

Just getting all documents and paperwork finalised and ready for D-Day tomorrow!

[dx100uk]

they cant do that its in admissible

bet it was by email?

 

dx

[Chimichanga]

Hi DX,

 

They sent it by post. Post-mark yesterdays date.

 

Honestly....We get to a point when we think we understand it all and then something like this happens and it throws us! lol

[dx100uk]

inadmissible

if they refer to it you tell the judge the postage date and when you got it.

[Chimichanga]

Thanks DX. Will do.

 

I suspect this is a final attempt at scaremongering.....What they don't realise is that we're at a point where we might be shaken, but definitely not stirred ))

[ericsbrother]

so when you get top court you ask for that letter to be chucked out as inadmissable.If they send thier witness along then they can make those points in person. If they dont have that witness then their lawyer can ask questiosn but cant respond as they arent there in their own right. Some judges enforce the procedures, others let anyone say anything and then show in their summing up on how they make their decision what they think of this sort of thing and will not be kind to a legal person trying it on against a lay person.

[Chimichanga]

Thanks EB, will do along with the second one they sent a week ago!

 

Have demolished a small forest in wood what with all the printing that we've done. Just sorting Costs now (in case we get chance to reclaim them if we win). Looking at other threads am I right in claiming costs for:

printing - is this per page and how much per page?

postage

travel - per mile? at what cost per mile?

parking

loss of earnings

Am i on the right lines?

 

Thanks, your help has been invaluable, I just hope everyones hard work pays off tomorrow!!

[ericsbrother]

printing- say 20p a page, postage at cost. travel- 2nd class rail fare or mileage at govt set allowance of 45p per mile. (dont forget there and back)

 

Parking at cost

loss of earnings-depends on your job as you have to show a loss. Self-employed and those on an annual salary who cna choose when they work or take holiday tend to get nothing as they can make up the time so only those who clock in or get paid hourly get the money. Work out your pay for a day though and put that down and explain how your employer views your absence. If forced to take a days a/l you may well get the money.

You are right about needing numbers to show the judge though or you get just the rail fare.

[Chimichanga]

Thanks EB

 

Wish us luck

[ericsbrother]

another thing is dont forget to take a printout of the law regarding rights of audience. IfHXPCM or BWL dont turn up then they have to pay a SOLICITOR to attend as counsel. Because thy only pay about £50 the local solicitors often send along a paralegal and as they arent involved from the outset and arent a practising solicitor they have no right to speak.

 

 

 

So challenge the credentials of whoever turns up but dont talk to them beforehand or mention this until they get to the court door. the judhe MAY decide to let them speak ( their court so their rules for some) but much less weighting will be given to what they say as they arent a witness, just someone reading stuff out. This means they shouldnt be allowed to cross examine or answer questiosn on matters of fact because thye dont know the fats as set out in the claimants WS.

 

 

 

Try and keep their input to a minimum but dont upset the judge by being rude to them to do this.

Edited November 2, 2018 by honeybee13
Paras

[Chimichanga]

Thanks EB have printed out CPR 27. 3.1 & 3.2. Is that sufficient?

[dx100uk]

if you are not self employed I thought loss of earnings is set a £90 per day?

[ericsbrother]

take a copy of CPR 27.14.2(g) as well. You might get lucky and get a couple of hundred quid if you can show that they knew their claim had no merit and their behaviour was unreasonable. Unreasonableness test is a very variable thing but always worth asking.

[Chimichanga]

Thanks EB.

 

Have just got out after a 4 minute hearing.

They allowed me in as the defendants lay rep.

Gladys did a no show.

 

Judge was satisfied with the defendants evidence showing he could not have been the driver and also agreed that there was no obligation for him to name the driver.

She awarded £50 in costs.

Not massive but we don't care tbh

Glad it's o er and we can get on with our lives!!

 

CANNOT THANK YOU ALL ENOUGH!!!!!

 

Really, you all have been a massive support and your patience knows no bounds.

 

Will make a donation as soon as my adrenaline comes back down to a normal level

Edited November 2, 2018 by dx100uk
spacing

[ericsbrother]

as they didnt pitch up you had more grounds for a CPR 27.14.2 unreasonable costs order.

Ah well at least HX have lost a good couple of hundred quid for believeing the drivel that Will and John put out as Gladdys/IPC.

they are sure to be a little more careful next time.

 

Tell all your friends and get your friends to tell their friends.

i hope you parked in one tof the car parks they manage and then didnt pay to be there.

They would learn the meaning of irony then.

Edited November 2, 2018 by dx100uk
spacing

[Chimichanga]

Ha ha EB you crack me up.

 

Yes wish I'd seen the above post but it was too late by then we went in at 2.20.

 

Anyway, never mind, I'll know for next time

 

Thanks again. Donation made