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

[parkingbill2018 2]

I completed my directions questionnaire & sent a copy to the Claimant as instructed. The Claimant presumably completed the same, but I did not receive a copy of theirs. Wasn't I supposed to? I have now received the Notice of Transfer of Proceedings and await the Judges's directions.

[ericsbrother 3,535]

No, they donht get a say in the matter as you are an individual and they are a company so it will always be your choice.

 

they dont bother wasting their ink at this stage but will try and hoodwink you later by asking for the case to be heard "on the papers" because they know they are stuffed if the matter is heard in open court esp in front of the same judge that spat out their last attempt to rook people.

[parkingbill2018 2]

When you say heard on the papers do you mean no one has to attend court, the Judge just reviews the documents submitted by both parties?

[brassnecked 1,781]

Yes that exactly, what it means is that all the dodgy evidence, rubbish POC etc can't be challenged.  Its an own goal that gives them an automatic easy win, and their evidence goes through without any rigorous investigation.

[ericsbrother 3,535]

and it costs them nothing as well. If there is a hearing they have to spend another £50-100 on a local solicitor to attend so when they lose that bumps up the bill their client gets for their incompetent handling of the case and thus puts the client off from trying their luck again.

 

You need to look up the term "you've been Gladstoned"

[parkingbill2018 2]

No they don't waste money on Gladstone's or other Solicitors now.

They represent themselves and did so when they recently lost the case for this same location.

 

In fact Gladstones's did do that case up to the LBC, then NPM represented themselves in court. 

My LBC was direct from NPM, although you could see it was a clone of the Gladstones version. 

[brassnecked 1,781]

Well if they thought they could try the Gladstone method without gladstones, they will lose.

[ericsbrother 3,535]

so you havent looked up the phrase have you?

[parkingbill2018 2]

I know only too well the phrase. I didn't need to look it up!

[parkingbill2018 2]

Just to update you. NPM are continuing with their court claim and the date is the 13th January 2020. I submitted my defence, witness statement and evidence all on time. However, tomorrow NPM will be 5 weeks late with their WS and evidence!

 

I have now seen proof that NPM lost their contract for the parking management in this road. The Landowner refused to confirm this, but NPM were not seen for months, including on the busiest day of the year, Easter Sunday.

 

The NPM signs have been removed and CPM have put up their signs in the road and someone has painted double yellow lines all the way round the road.

 

NPM refused requests to improve signage or paint yellow lines on the road as they stated that the Landowner did not want to do this.

 

CPM have not improved the signage and they are still in the dark outside of daylight hours. CPM, like NPM are members of the IPC and are breaching the same Codes of Practice in this respect and there are still no signs at the entrance of the road stating it is a Private, un-adopted road with T & C's for parking. 

 

So 13th January is D day. Even if I loose I can take pleasure in knowing NPM lost hundreds of pounds in lost PCN revenue in this road after their contract was suspended and they did loose their contract completely.

 

It took 4 1/2 years to get justice and this only happened because they would not cancel my PCN.

 

Oh and by the way, they made big errors on their court claim. They stated that I was the keeper of the vehicle and they had the wrong location,  road name and post code!     

[brassnecked 1,781]

I would phone the court to see what is going on if they are that late with WS, might be worthasking for the claim to be struck out.  I'm sure others will be along soon also with an opinion and advice.

[parkingbill2018 2]

My Father already phoned the court to confirm they had not received the Claimant's WS/evidence, which they did.

 

They said it will be up to the DJ if he will accept these items late, but not that they would strike out the claim.

 

If they are also late paying the court free on time then that will probably be a strike out. 

[dx100uk 9,330]

On the n157 did not it gives the claimant orders by date?

if they've not met those is should be struck out by the court

[parkingbill2018 2]

The N157 states the Claimant has to pay the court trial fee or file a properly completed application for help with fees by a date which has not yet expired, then the claim will be struck out with effect from that date.

 

The DJ ordered that each party shall deliver to every other party and to the court copies of all documents on which he intends to rely at the hearing by 4 pm on the 21st October 2019.

 

It was noted that the judge may decide not to take into account a document or evidence of a witness if no copy of that document or no copy of a statement or report by that witness has been supplied to the other parties.

 

It is added that failure to comply with these directions may result in the case being adjourned and in the party at fault having to pay any wasted costs. It does not state the case will be struck out, only if they fail to pay the court trial fee, which they still has time to do so.   

[dx100uk 9,330]

good nice and clear now.

[ericsbrother 3,535]

phone the court and ask them to strike the claim out using their case management powers.

If the case is merely adjourned they still have to pay a new fee to have it reinstated and probably explain themselves as well.

[parkingbill2018 2]

I will try, but I have seen many examples on forums of operators or their Solicitors deliberately filing their documents at the last minute to avoid thorough scruitiny of these.

 

What is worse is that some have still been successful with their claims.

 

Where is the justice in that?

 

Any deadline given by the DJ should be honoured otherwise this is contempt and the case should be struck out as you say.

 

NPM also went ahead with their claim without following the Pre Action Protocol, so another black mark against them!

[ericsbrother 3,535]

the failure to use the correct protocols costs them 25% of any claim if they are successful but is no punishment for those who lose and abuse the court process.

 

You can make an unreasonable behaviours costs request without actually having a hearing.

CPR 27.14.2(g) is the thing to quote, claim for litigant in person researcha nd preparation time of 5 hours @£19.50/hr and your postage and printing costs.

 

You can also send NPM  a bill directly for their breach of the GDPR/DPA and let them know that you will take them to court for the same. VCS v  Phillip  is the persuasive case when it comes to parking so £250 will be at the lower end of damages but clearly accepted.

 

It has been known for a parking co to just send the cheque upon receipt of a lba for the same but only once as far as I know

[dx100uk 9,330]

3 hours ago, parkingbill2018 said:

I have seen many examples on forums of operators or their Solicitors deliberately filing their documents at the last minute to avoid thorough scruitiny of these.

 

which is why it is so important never to give/use EMAIL>

 

if you get an email from any of the players in a court case you must immediately reply to the email stating email is not to be used regarding anything to do with claim xxxx and relevant addresses have now been blocked and bounced.

[parkingbill2018 2]

On 25/11/2019 at 10:55, ericsbrother said:

the failure to use the correct protocols costs them 25% of any claim if they are successful but is no punishment for those who lose and abuse the court process.

 

You can make an unreasonable behaviours costs request without actually having a hearing.

CPR 27.14.2(g) is the thing to quote, claim for litigant in person researcha nd preparation time of 5 hours @£19.50/hr and your postage and printing costs.

 

You can also send NPM  a bill directly for their breach of the GDPR/DPA and let them know that you will take them to court for the same. VCS v  Phillip  is the persuasive case when it comes to parking so £250 will be at the lower end of damages but clearly accepted.

 

It has been known for a parking co to just send the cheque upon receipt of a lba for the same but only once as far as I know

 

Thanks.

At what stage can I claim unreasonable behavior costs?

 

I was told I need to give written notice to the court of what costs/expenses I am going to claim about 7 days before the hearing.

Do you agree?

 

Also at the same time I was going to send a Skeleton.

Some say these are not required for Small Claims, but others recommend their use and say they have helped win cases.

What is your view please? 

[dx100uk 9,330]

On 24/11/2019 at 23:35, parkingbill2018 said:

The N157 states the Claimant has to pay the court trial fee or file a properly completed application for help with fees by a date which has not yet expired, then the claim will be struck out with effect from that date.

 

I would suggest before this date.

 

no need for a skeleton no.

[parkingbill2018 2]

The Claimant paid their trial fee on time but had not submitted a WS and the evidence they wished to rely upon.

I notified the court who checked their own records and confirmed this.

 

Annoyingly the assistant DJ gave them an extension to 3rd January 2020 4pm, stating if they missed this order the claim would be struck out.

 

I received their documents on the 4th, 1 day late, and if they sent the court their copy by the same 1st class post they would received them late. 

 

Their WS was dated the 2nd, as was the post mark, normal first class, which is not guaranteed next day.

I notified the court and requested the claim should be dismissed as they had missed two order dates, the first which was 21st October 2019, 11 weeks ago. So far no response or notification to say the claim has been struck out.

 

I have not submitted a Schedule of Costs yet.

Should I send this now or take to court on Monday.

 

I want to claim travel, loss of earnings to attend court, stationary, postage and printing cost and a modest 4.5 hours for research, preperation and drafting of documents @ £19 per hour litigant person rate for the Claimant's unreasonable behaviour.

 

Does this sound OK?

Also copy to Claimant?

[FTMDave 572]

First find out from the court if the claim has indeed been dismissed.

[dx100uk 9,330]

their WS will be accepted.

a day make little diff.

 

dx

 

[parkingbill2018 2]

If it has wouldn't I have received a letter stating it has been?

They haven't replied to my email either, so either no news is good news or the claim will be heard as planned on Monday.

To give 2 working days I had to post the Schedule of Costs today, I sent it to the court and copy to the claimant. 

 

1 hour ago, dx100uk said:

their WS will be accepted.

a day make little diff.

 

dx

 

But 11 weeks late from the original order date!!!!