Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***

[harni]

Thanks for taking the time to write that! All completely valid pints. Unfortunately I struggle to get what I’m thinking down onto paper which is clear here

 

ill be up early tomorrow  to make these changes, get it all printed and off to the court and BW. Then play the waiting game and see if they actually pay their fees!

 

thanks again to everyone who has contributed. Really appreciated 

[shamrocker]

Just a couple of other points...

 

In p6.1 - I'd not state that you had to park in accordance with T&Cs set out by CPM. Just state that you were allocated a large, generous, parking space as part of your lease agreement, which is situated under the main apartment block. The space is capable of accommodating two vehicles. The Claimant has an agreement to manage the main car park, but this does not extend to the parking spaces under the apartment block. You'd need to fit this into the flow of your WS though...

 

You use the word 'perused' a couple of time - I think you mean to say 'pursued'?

 

Make a clear distinction, when you are challenging the terms of parking, that you are doing so for the avoidance of any doubt, on the basis that "if, let's say, they did apply to me" - but your primary position is that The Vehicle was not parked on land covered by the Claimant's management agreement. They have no locus standi in the matter.

 

Less is more sometimes, so don't get completely bogged down with signage.

Edited January 1, 2020 by shamrocker

[dx100uk]

[harni]

All noted and will be updated in the morning! Thanks guys!

[harni]

All updated and sent off. Thank you all for your help!

[brassnecked]

Good luck, hope they get pwned in court. could you post a pdf of final submission, think the no locus standi, over your space should be a key for sure

[harni]

On 02/01/2020 at 12:22, brassnecked said:

Good luck, hope they get pwned in court. could you post a pdf of final submission, think the no locus standi, over your space should be a key for sure

yep will get it posted up once I’ve removed all of the sensitive information. 
 

the next stage for me is checking they have paid their fees on the due date. I assume that is just a case of calling the court that the hearing is taking place at? 

[shamrocker]

Yes, just call them up and ask. I've previously found email to be a good option, should you not wish to mess about in queues etc. It might take a couple of days to receive a reply sometimes though.

[harni]

Right, have phoned the court as they were due to pay their fees by today at 4pm. They have paid their fees on January 13th so looks like we're going to court!

[dx100uk]

not necessarily so...

that will simply have been an office junior allowing funds to be paid from their running A/C with the court system,

[harni]

So there’s still a chance it might not make it to a court room then? Whilst I’m confident here, obviously the ideal situation would be for it not to make it to a court room full stop!

[dx100uk]

remote but not unheard of. esp on residential parking matters.

 

dx

 

[shamrocker]

I wouldn't use the fee payment as an indication of their confidence - they probably haven't got a clue about the circumstances of the claim the payment relates to.

[harni]

46 minutes ago, shamrocker said:

I wouldn't use the fee payment as an indication of their confidence - they probably haven't got a clue about the circumstances of the claim the payment relates to.

I would agree with you there. It’s completely evident that they are being advised by BW legal who clearly want to push it as far as possible to get paid as much as possible. 

[ericsbrother]

they paid up but that doesnt mean they will turn up.

 

Gladdys wont be there and nor will the person who wrote their WS.

there are cases in the past where the person who signed off the WS was a made up name and that only stopped when a judge ordered the parking co to put the person before him or drop the claim. they dropped it.

 

what usually happens is they pay some locl lawyer £50 to turn up and speak for them. You challenge their credentials in case they try to save even more money by sending an unqualified person and demand to cross examine the witness who signed off their guff, esp if you have matters of fact that you say arent true.

 

the judeg can then use their powers to determi9ne what they will and wont listen to in their court. Sometimes they can be harsh when it comes to accepting evidence but usually this is on the claimant needing to prove their case

[harni]

So, less than a week now until my court date and I have spent the day reviewing everything to keep it fresh in my mind and ensuring all of my paperwork is together. One thing that I’m not overly clued up on though, and may be a little assuming, is if the claim is struck out, what is the process for claiming costs?

 

im aware I’m capped to 7hrs at about £12.50(?) as well as small costs for things like postage however what I’m not sure on is how I present this or request it? Do I have to have evidence with me as to the costs or is this something that would be done at a later date? 

[FTMDave]

It's best to have something prepared.  If/when you win, just tell the judge you would like to claim costs and hand over a simple sheet of paper with a list.

[harni]

Perfect, I’ll get that ready. Thanks!

 

is there anything else I need to be aware of at this point? Other than turn up on the day suited and booted with all of the case paperwork, evidence and see what happens?

[FTMDave]

Actually, thinking about it, prepare two lists, one with the normal costs allowed in small claims, and one for costs for unreasonable behaviour.  Depending on how your case goes you might be able to argue for unreasonable behaviour, especially if they don't turn up (supremacy of contract, actual written agreement to park as you did, abuse of the court procedure to pressurise you to pay rather than a genuine attempt to recover a debt owed, etc.)

[honeybee13]

The LiP rate is £19 or £19.50, I can't remember and I thought you could claim five hours, but someone like ericsbrother will comment, I'm sure.

 

Do you have your bundle referenced and divided into sections so you can find relevant documents easily?

 

HB

[dx100uk]

are you taking timeaway from work to attend?

 

dx

 

[harni]

yes I am. And to date I have used two work days to deal with the situation. 

[dx100uk]

then you are also entitled to £90

[ericsbrother]

you need to write out a schedule of loss that includes your travel, lost earnings, postage and stationery costs and ask for 5 hours LiP research tiem @£19.50/hr

state this is  a request under CPR 27.14.2(g) for their unreasonable behaviour. You may get full pay if you are lucky but it is generally set by convention

If you failt o put this in writing and give it to the court on the day you wont get a bean

[harni]

Bloody typical. Case has been vacated! I was looking forward to tomorrow