UKCPM/gladstones Windscreen PCN Claimform - Vista Centre, Salisbury Rd, Hounslow TW4 6JQ ** Claim Dismissed**

[maclarke]

Thank you @FTMDave,

 

Do you have the reference of legal defence that I can use to claim lack of planning permission is a criminal offense?

From what I understand it's to do with the advertising/ placement of signage.

[maclarke]

Great, thanks @ericsbrother.

 

Other than that....do you think my WS is in a good state to send to the court?

 

It's due on Wednesday 22nd April

[maclarke]

On 12/04/2020 at 12:07, FTMDave said:

Have you informed the fleecers that you've moved?

 

hI @FTMDave - no I haven't informed UKCPM that i've moved (sorry I overlooked that question).

[maclarke]

Thanks @honeybee13, i'll do that. 

 

I've got mail forwarding and I know the new owners of my property. 

 

But i'll listen to your advice.

[maclarke]

ok all - 

 

I've completed my final WS (witness statement) - Please see attached.

 

It's due at the court tomorrow (wed 22nd April), but I will post in the morning.

In another discussion, I understand that should be ok.

 

Please note:

I did not add the reference for the illegal contract being a criminal offence, as I could not find the correct reference.

I'm quite happy with the the document as it stands.

Witness Statement - Draft - Rev02.pdf

[maclarke]

ok @brassnecked.

 

The WS is due today.

 

I've prepared 3 copies for the

• Court,
• Gladstones
• and myself.

 

However, the court is suspended for staff and the public (obviously due to COVID-19) - I was planning on leaving it at the court, but that's not possible.

 

I suppose I should just carry on as usual. I'll have to post them at lunch as i'm working from home and it's the only chance i'll get.

[maclarke]

All - WS posted last week (as well as email to the court).

Let's see what happens - the court date was supposed to be Wed 6th May, but have not heard anything.

 

Also, I posted letters to all companies on my credit file for the last 7 years to inform them of my change of address (as this was discussed previously). Driving license and V5C already updated.

 

[maclarke]

Will do @FTMDave, but presence at the court has been suspended for the public and staff. There is no-one to contact.

 

ive submitted the ws via email and post and have received confirmation of receipt (automated email response).

 

Not sure what else I can do.

 

[maclarke]

just to keep you updated - and for reference.

 

My case has been moved to July for a telephone hearing.

General_Form_of_Judgment_or_Order.pdf

[maclarke]

Hi all - quick update.

 

The case will now be heard at the original court on Wednesday 2nd September

[maclarke]

My hearing is wednesday next week (2nd September).

I'll go over the UKPCM's points and my defense to make sure i'm clear.

 

Any other preparation that I should probably go through?

 

Many thanks

[maclarke]

Ok...i think i'm there.

 

I've read other peoples' successes and what happened on their hearing date.

 

I've printed out a copy of the IPC and BPA code of practices (organised in a separate folder, highlighted and with referral tags for easy location of text).

 

I've also prepared a summary of costs including (i'll take this with me):

• Litigation in person costs (8hours)
• Printing costs
• Travel costs

This totals £170.45

 

Hopefully i have everything covered?

I'll practice what i'll explain to the judge as my summary of events.

[maclarke]

Yes I am, but I’ve taken the day off work

[maclarke]

an additional £90? how?

 

I had previously planned the court date as a day/week off due the bank holiday and working over lockdown.

[maclarke]

i see, thanks

 

I can actually claim up to £95 for loss of earnings!

 

in reference to:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14.

and

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#7.1

Costs

7.3 The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) and (d) (experts’ fees) are:

(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person, and

[maclarke]

is this excessive?

 

Schedule of Costs

 

Litigation in Person @ £19 per hour (over 8 hours)            £152.00

 

Loss of earnings @ £95 per day                                               £95.00
In reference to:
The Civil Procedure (Amendment No.5) (Coronavirus) Rules 2020

Travel Costs @ £0.40 per mile (@3-mile return trip)        £1.20

 

Printing Costs @ £0.25 per page
        
Witness statement (9-pages, 3 copies)        £6.75
IPC Code of practice (18-pages)            £4.50
BPA Code of Practice (21-pages)            £5.25

Land Registry Check (3-pages)            £0.75

 

Total                                    £265.45
 

[maclarke]

Claim Dismissed

 

but, the courts messed up the court time.

 

However, UKCPM notified the court that they weren't going to turn up.

The judge was not the original person assigned, so he only had a small amount of time to review the case.

 

I sat with him and briefly explained my summary of events.

We sat in silence and after a while he said he was going to dismiss the case considering the distance required to get back to the car (i suppose this would relate to a sufficient grace period).

 

I'm a little upset that he didn't seem to consider the other points (such as no locus standi, improper conduct) and he wouldn't allow my summary of costs to be reimbursed as "this is a small claims court" he mentioned. 

 

I'm a bit underwhelmed, but I suppose I won.

 

Thank you to you all.

[maclarke]

thank you all. You've all helped me a lot.

 

I'll still be making a donation for CAG.