NCP/BW PCN PAPLOC now claimform - New Gatwick Drop Off Zone - I thought I had paid for both visits? ***Claim Dismissed***

[MoaningCrusader]

Thanks Dx100, but that does go without saying I will not be emailing the fleecers my defence!

It's more the timing of when I send it to the email address supplied by the County Court. I don't want to submit it so close to the line that it's late.

[MoaningCrusader]

Okay... FYI... We are definitely one for a remote court hearing on Wed 20th September. The fleecers paid up the court fee on 14th August. It took me nearly a week to get through to Court Services UK number! Having attempted many times but having to give up after 45mins on hold!

I am working my way through the court requirements for the presentation of the bundle. I will get Adobe Pro for 7 day trial to put the final indexed & bookmarked document.

I am naturally now nervous, but resolute.

I will post a final redacted court bundle asap.

[MoaningCrusader]

According to the court document, the ebundle needs to be sent 7 days before the hearing. So the 13th Sept. 

I’ll redact and post it up first thing in the morning for you all to see.

[MoaningCrusader]

The court papers that is. I have sent my WS to a solicitor friend, and 2 barrister friends to give it a final look over and polish before I format into a pdf with index & bookmarks etc.

[MoaningCrusader]

LOh don’t worry you basically have seen it all already. I posted it up here a few weeks ago.

I just want see how legally water tight my argument is under the scrutiny of a few professionals. And also, as one if my friends is also now moving into the judiciary side of things, to make sure presentation to the court is spot on and how a judge likes to see things.

As dx100 says, I need to put the work in to get this over the line. Not just depend on CAGers to do it all for me.

[MoaningCrusader]

Please see the Notice of Trial Date doc that I was sent by the County Court.

Will I be notified of when the fleecers have submitted their WS? The MCOL website seems to have stop updating since they assigned the matter on to the County Court.

If not, where do I find this. I obviously have all their cut & pasted letters outlining their case against me after my response to their LoC, but I don't think that constitutes their defence WS, does it?

NoticeofTrialDate.pdf

[MoaningCrusader]

Thanks for clarifying dx100

I may be being blind here, but I can't see anywhere on the pdf I just uploaded where I am being instructed to send my Defence WS to the fleecers? All I seem to see is that it instructs me that, "All documents and correspondences are to be sent electronically to xxxx County Court...." 

I'm sorry if I have missed something? Could you point me to where it is stated that I have to send my defence to them? I am getting somewhat overwhelmed here with paper.

Also, I have told the fleecers I do not want to communicate by email, so should I post a printed version to them? Will thy have to have received this by 13th Sept? Or can I simply post it then and get a Post Office FPP?

 

[MoaningCrusader]

CASE DISMISSED. 

Apologies for silence. I was asked to drop off any public areas and not share our course of action. I will revert with full defence and help for people on here asap.

But I have to wait for obvious permission from the legal team.

the judge dismissed the case on the grounds that there was no real opportunity to consider the Ts&Cs of 'the contract' before entering the DOZ.

 

[MoaningCrusader]

The case was dismissed. 

We did not want to post any further plans on here as anyone can read this thread, including the fleecers, if I am correct.

I had a barrister in the end, who worked pro bono because he himself was caught out by the DOZ at Heathrow and wanted to test his argument in a court, but couldn’t on his own case as it was discontinued as soon as they found out he was a barrister. We had to hide his involvement as we were concerned should the fleecers discover it and discontinue the case. 

We are currently going to the press about our case result. 
 

[MoaningCrusader]

Yes we are going to major national newspapers. The instructing solicitor's firm (who also was a victim of the DOZ at Heathrow) has a PR department who will be handling this. We are waiting for the judge to sign off a drawn up summary of her judgement, as we don't want to pay for the transcript which could take months to be produced. 

We asked if we could use it to publicise the fact the fleecers use the Parkingeye vs Beavis to bully people into thinking they have no choice but to pay these charges. And in particular with my case how they use a completely irrelevant Supreme Court judgement to support their bullying, when in fact the judgements of the Law Lords in most cases supports the fact the likes of DOZs at Gatwick and Heathrow are unfair and unenforceable.

 

[MoaningCrusader]

I thought I might put up some stuff to help any other CAGers hit with APNR DOZ penalty charges.

I am sharing a redacted:

1. My WS

2. The Defence Skeleton Argument (which was submitted later than the bundle)

3. Defendant's Authorities 

Unfortunately, I cannot upload the trial bundle as it's 52MB in size. But I hope the above helps people. Is there anyway of getting the trial bundle up?

I have redacted all documents. I hope I have got everything before I stop my Adobe subscription. Please should you find any info that you feel should be taken down, let me know.

FYI everyone I was strongly advised to not use any POFA in my WS etc. This is primarily because I would be unable to lie under cross examination from either the claimant's solicitor or the Judge. If I lied it would be perjury. Even if I did attempt to mislead the court (again not advised) it would not take long for them to find out through further cross examination that I don't have any other names on my car insurance, and even if I did, I would then be wrongfully naming them as the driver. Basically it's a very messy argument. I was also advised that POFA is being misread by all parties.

On the whole, I was advised to focus on the core argument of an unfair contract. The DOZ set up is clearly completely unfair, and therefore the strongest and really only argument with any real strength in this case. There's no point going into anything else. It would be different in a more standard car park set up. In fact, I have to stress this is all only relevant to APNR DOZ set ups.

The judge dismissed the case solely on the basis that the defendant had no 'REAL' opportunity to consider the Ts&Cs before being put under contract. The judge refused to carry on with any further judgement on our submissions. This was disappointing, as we wanted to get them on the fact that the contract was unenforceable in common law. I think the judge cleverly avoided giving a more controversial judgement in a Small Claims Court.

The judge did say that the parking charge amount was fair, and would not be drawn into the recovery costs submission, as the case had already been dismissed on the first submission of unfair contract.

PS There was an article ran in a major newspaper last weekend... I won't confirm it was me in the article... But the case is very similar. 

 

WITNESS STATEMENT_Redacted.pdf Gatwick DOZ - Defendant's skeleton argument_Redacted.pdf DEFENDANT'S AUTHORITIES.pdf

[MoaningCrusader]

Yes. I agree. This point is covered in para 3.5 of the skeleton argument and was put to the judge.