ParkingEye ANPR PCN PAPLOC Now Claimform - New Directions Holdings, Lambourne Crescent, Llanishen, Cardiff, CF14 5GL ***Claim Discontinued***

[FTMDave]

Yes, you should strongly object, but I see that the judge will decide whether to go ahead or not with a hearing on the papers ... on the day of the hearing on the papers.

[Cardiff Devil]

That's what I thought, thanks Dave. 

That seems ridiculously unfair that this could potentially be decided by my witness statement vs one written by a lawyer if the judge on the day decides so.

Also there's the whole other issue of them deliberately redacting crucial evidence. 

I'll have to start putting together a letter to the court, but I might need some help drafting this so I'll put something together and post it up here for review once I've done it.

Cheers

CD

[brassnecked]

Yes get a letter in ASAP run it past the team first On The Papers is dodgy as they can tell loads of porkies.

[Cardiff Devil]

My thoughts exactly BN.  Seems ridiculously off-kilter that such a thing could even be considered fair in small claims court.

This is what I've got down so far;

Quote

 

In response to the letter from the court dated 19/02/2024, I am writing to the court as the defendant in this claim to register my objection in the strongest possible terms to the hearing being heard “on the papers”, and to request a normal hearing instead.

Since the claimant is a nationwide parking company with net assets of over £53,000,000 on their balance sheet as at the end of December 2022, it is therefore safe to assume that they will retain a team of qualified solicitors on their payroll to prepare court paperwork on their behalf.  Conversely, the defendant is a litigant-in-person with little legal knowledge.  Subsequently, the defendant contests that the case being heard on paper evidence only would put the defendant at a severe disadvantage.

The defendant also contests that the circumstances of this case are not at all straightforward and there are several points that the defendant wishes to contest at the hearing, such as inaccuracies in the claimant’s CPR 31:34 submissions and the potential intentional redaction of crucial evidence in the claimant’s contract with the tenant, also the claimant's lack of compliance with the Protection of Freedoms act 2012 to establish the defendant liable as the registered keeper of the vehicle in question, and their lack of adherance to local planning laws amongst others.

 

 

Hope that's along the right lines, obviously I don't want to give too much away at this stage but I want to let the judge know that this case isn't as simple as it may seem at first glance.

Thanks

CD

[AndyOrch]

20 minutes ago, Cardiff Devil said:

The defendant also contests that the circumstances

Contends

[FTMDave]

The big problem here is that we are not talking about a letter to the court to be read now.

The letter will be read on the day of the hearing.

Such correspondence will be placed before the judge on the date and at the time listed for the hearing of the case

So in that case it does need to play all the cards and especially state that PE have lied to the court and redacted a document which if unredacted would show that they had no claim against CD.

 

[jk2054]

Evening,

Just to add here - essentially that means that the claim is being dealt with as "box work"

This is common practice for claims of mininmal value, that the court don't view as needing an in person hearing.

Box work means that the judge can decide such claims within 10-15m. It's actually quite common, and my local CC deals with some claims on paper even if N180 says no.

However, normally, depending on the court, you can send an email with the following at the top "PLEASE PLACE THIS EMAIL BEFORE THE COURT WITHOUT UNDUE DELAY" in which you can ask that the matter is listed for an oral hearing. I had this once for a PM case and they've listed it for an oral hearing for a few months later (which now falls next month).

This is different to the letter that you must send no less than 7 days before.

IMHO worth sending a present before court email to ask that it is listed in addition to the email. Also copy the PBC email to the court's listing email.

 

[FTMDave]

This is an excellent idea by jk2054 and just what is needed to make the court reconsider now.

So make it clear that this mail is not the one requested to show the judge on the day of the hearing but rather you would like the court to reconsider now.

[Cardiff Devil]

Thanks Dave and JK.  

So I need to get an email off to the court ASAP?  This has been assigned to Cardiff County Court now so I'm guessing this will need to go them now rather than to the Northampton bulk processing centre?

Is there a template for this email I can use?  I just want to make sure I'm including all the right things.

Thanks

CD

[FTMDave]

jk2054 seems to have experience with this.

There is no template, but if you post up a draft I'm sure jk2054 will have a look at it - as will we all.

[Cardiff Devil]

So this is what I've got so far;

PLEASE PLACE THIS EMAIL BEFORE THE COURT WITHOUT UNDUE DELAY 

Re: Case Number XXXX - ParkingEye Ltd (claimant) vs Cardiff Devil (defendant)

In response to the letter from the court dated 19/02/2024, I am writing to the court as the defendant in this claim to register my objection in the strongest possible terms to the hearing being heard “on the papers”, and to request a regular oral hearing instead.

Since the claimant is a nationwide parking company with net assets of over £53,000,000 on their balance sheet as at the end of December 2022, it is therefore safe to assume that they will retain a team of qualified solicitors on their payroll to prepare court paperwork on their behalf.  Conversely, the defendant is a litigant-in-person with little legal knowledge.  As a result, the defendant contends that the case being heard on paper evidence only would put the defendant at a severe disadvantage.

The defendant also contends that the circumstances of this case are not at all straightforward and there are several points that the defendant wishes to contest at the hearing, such as inaccuracies in the claimant’s CPR 31:34 submissions, the potential intentional redaction of crucial evidence in the claimant’s contract with the tenant, also the claimant's lack of compliance with the Protection of Freedoms act 2012 to establish the defendant liable as the registered keeper of the vehicle in question, and their lack of adherence to local planning laws amongst others.

 

Thanks

CD

[brassnecked]

Looks good just see if any tweaks suggested.

 

[FTMDave]

I would just add a couple of lines to say you are writing to ask the court to reconsider now, not on the day of the hearing.

[Cardiff Devil]

Thanks as always Dave.

I'll leave it until the end of the week in case anyone has anything else they think should be included.   The email address I have found for Cardiff County Court is [email protected].  Does that sound like a sensible address to use or do I need to send it somewhere more specific?

Thanks

CD

[jk2054]

send now not later

later = less chance it will be seen intime

[Cardiff Devil]

No worries, I'll get the email out at the end of today if nobody has anything else to add.

Thanks

CD

[lolerz]

Providing you add what FTMDave stated, it seems fine and ready to send.

[Cardiff Devil]

Email is typed up and ready to go.  Just one last question for jk2054.  In a previous post you stated;

On 24/02/2024 at 01:41, jk2054 said:

Also copy the PBC email to the court's listing email.

What's the PBC email?  

[jk2054]

place before the court.

I mean you should send the email to enquriies and to listings.

listings is like a "back office" email but they reply far far faster

[Cardiff Devil]

Ahh I'm with you now.  I've got the enquiries address already but I'll try and find a listings address for Cardiff CC as well.

Thanks for your assistance with this.

Cheers

CD

[AndyOrch]

https://www.find-court-tribunal.service.gov.uk/courts/cardiff-civil-and-family-justice-centre

 

[Cardiff Devil]

Saw that, there was no specific "listings" email.  I tried phoning them earlier to find out but had to hang up after 30 minutes on hold.  I'm sending it to the enquiries address listed at the top and CC'ing it into [email protected] as this seems to be the closest thing they have.  Fingers crossed that'll be sufficient.

My sincere thanks to everyone who has helped with this so far.  I'll keep you posted.

Regards

CD

[jk2054]

[email protected]

 

try this

[Cardiff Devil]

I CC'd that one but I got a bounced back message.  Doesn't matter now though

I've had a response this morning though from the hearings team.  Stating that due to civil procedure rule 39.8 I need to copy in all parties on my objection.

I'm guessing I just need to write a short letter to ParkingEye advising them that I am objecting to the paper hearing, but in my letter to them I don't need to deep dive into the reasons why?  Or in the interest of transparency should I just forward my email in a letter to ParkingEye as it is, so they can't claim shenanigans later on?

Thanks

CD

[FTMDave]

Just CC to  info@parkingeye.co.uk

PE discourage contact by e-mail but that address works and was used successfully by tutty1 last week.

Good to hear you got such a quick reply from the court.