NPM PCN claimform - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton - *** Claim Struck Out+Costs***

[dx100uk]

didnt say what anyone had written was a waste of time....

you doing that at this stage was.

 

but as you correctly pointed out ...as did I..

it is useful for your witness statement [if the claim gets that far]

 

a witness statement is not 'a later defence'

 

[parkingbill2018]

I thought a Witness statement was evidence as part of your defence of the claim.

 

I think these guys will go all the way, even if they decide to not turn up in court.

I think this has become personal and they want to cause me as much stress and inconvenience as possible!

[dx100uk]

no a witness statement is expanding upon points made in your defence 

the WS lets you provide the facts as a witness in the case.

it is not a defence.

you have already filed your defence, all be it very purposefully extremely sparse.

 

regardless to this is slightly different as its an unadopted road to other cases, it still relies on the basic same facts as most other witness statement here

have they the authority to issue tickets etc etc.

 

sadly and I hope you take this the right way

but you have been spending far too much time championing the cause of other parkers here rather than concentrating on getting YOUR case sorted then using your win to your advantage for others. 

 

[parkingbill2018]

Not sure what you mean by time spent championing the cause of other parkers.

 

What other parkers

. I only recall two others coming onto this thread who have received PCN's for parking in this road and I may have posted a handful of replies.

 

What my Father has done for the advantage of Tesco's and their shoppers is getting the NPM contract suspended/cancelled without me winning my case and no effort on my part!

 

If I do lose my case, NPM have already lost a lot more money than I will in lost income from this location, so that in itself is a great victory not to be dismissed or ridiculed!

 

 If they had dropped this claim when I first disputed it my family and I would have gone away quietly and they would still be making loads of money in this road. They can expect worse to come if they continue with this stupidity!

[brassnecked]

Don't let your mission against NPM become a phyrric victory by letting them win in court, it sort of undos your father's  success in getting them gone from the site.

[parkingbill2018]

I don't intend to let them win after what they have put my family and I through over the past 15 months, but at the end of the day it can be the luck of the draw on what Judge you get on the day and I wouldn't be surprised if they had a Solicitor represent them, even though they are not claiming any legal costs. So if the worst does happen in court, the fight will not have been completely lost! And of course Sir Greg Knoght's new act will hopefully be another thorn in their side in the future and hopefully put companies like them out of business!

[FTMDave]

The only time I've ever been in civil court in England was when I was a naive early-20-something-year-old, and the other party had a solicitor.  I was bricking it.

 

I won.

 

That was because I had prepared to the best of my (limited) abilities, and the other party had lied to their solicitor.  

 

Having a solicitor is no guarantee of success.  If their case is pants, it's pants, a solicitor can't magically change that (and the solicitor gets their £££ anyway).   

 

 

Edited April 26, 2019 by FTMDave

[parkingbill2018]

Never been to the Small Claims court before. My Dad has been twice. Both garages. One sales, the other servicing. He won one, lost one. A third claim he made against another garage was settled through mediation.

 

I have read that some of the Parking Solicitors are as stupid as the parking companies themselves!

[shamrocker]

You can't polish a turd! The best barrister in the land would struggle to win this claim ... if the correct arguments are used in defence.

 

Don't over think it.

[FTMDave]

Spot on!

[parkingbill2018]

Could still can get a dodgy Judge who could ruin it all and I have read of such cases! Luckily not often. 

[shamrocker]

Dodgy judges and dodgy defences often come hand in hand. Just make sure you understand the relevant arguments in defence and present them properly in your witness statement later. If you don't, you will very likely get one of those dodgy judges!

 

You're only at the defence stage, so you'll have plenty of time to keep reading up and getting the key points clearer in your mind. It's really very straight forward, and you'll hopefully end up enjoying the thought of a potential visit to the court. They'll likely give up the ghost if you put a strong WS together anyway.

[parkingbill2018]

They still went to court when the other defendant had a similar defence and good Witness Statements etc. and the case ended up being dismissed. NPM represented themselves in this case, although for the LBC used Gladstones. At the end of the day they haven't got much to loose using a Small Claims track if they represent themselves, so they will think it's worth taking the risk. 

Edited April 26, 2019 by parkingbill2018

[shamrocker]

You do need to approach it on the expectation that it will end up in front of a judge. I'd much rather be in your position than theirs, that's for sure. It's all very predictable what they'll bring in support of their case anyway.

[parkingbill2018]

I think I have made it clear that this is my expectation.

It is others on here that think they will bottle it.

 

I have given my reasons why I know they won't.

This seems to be a fight to the death for them.

 

It is s joke that they state on their website

 

"We pride ourselves in our fair and just approach to parking enforcement". I have seen how dishonest this company can be when they replied to our MP's complaint, so I expect them to play dirty in court too. This company are a prime example of why the Private Parking industry has such a bad reputation and the regulstors, especially the IPC, let them get away with it for obvious reasons! 

[parkingbill2018]

Tonight feeling very comfident of winning this case if it goes to court. Cannot say why.

[honeybee13]

I hope you do win it with the help of the guys here. Make sure you do your homework and are prepared and don't get over confident and you should be fine.

 

HB

[parkingbill2018]

I won't HB because I know the only certainty in life is that we will all die!

[FTMDave]

You're confident because you have put a hell of a lot of work into understanding the law and how to beat these fleecers.

[parkingbill2018]

My Father has been very supportive.

If it wasn't for him I would have thrown in the towel a long time ago.

 

There certainly have been times when I wished I had just paid the original £60 charge. 

In fact to encourage me to go all the way with this my Father has pledged to pay any court costs if we loose the case!

 

It is a matter of principle that we win this.

If we don't then we will have lost faith in the British justice system. 

[dx100uk]

oh you'll win this ok.

if you do your WS correctly you'll get costs too.

 

do you work?

if so then the prospect of £90 is there too as well as your LiP costs at £19phrs.

 

all the way back to post 2 is your main defence reason.

along with the other 2 or 3 reasons in most pcn claimform threads here already.

 

 

 

 

[parkingbill2018]

Sadly the other woman who recently won her case did not claim any expenses.

She was just glad the case was dismissed and wanted to get out of court.

I'm sure she could have asked for substantial costs as the first hearing had to be adjourned because the Claimant wasn't prepared, but the defendant was.

Can you believe it?

 

Then she had to have a second day off work for the second and final hearing, where the case was dismissed.

 

Yes I am working and I would need to book leave to attend court.

What are LiP costs?

Loss in Pay and what is the £90?

[FTMDave]

Litigant in Person

[dx100uk]

as a LiP you can get £90 per day for being off work...or try too.

 

 

[parkingbill2018]

Might as well try and get as much as possible from these blood sucking leechess!