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Thread: Parking Control Management UK Gladstones Court Claim

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  1. #26
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    Default Re: Parking Control Management UK Gladstones Court Claim

    I forgot you posted that.

    There are a few points in here you may wish to use sammiefields2512def.rtf

    M1
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  2. #27
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Many thanks.

    The thing is, I've said no contract was created. They haven't mentioned the signs and neither have I. They've mentioned a breach of the terms but not given any more details.

    How could such detail as to the layout of the signs etc be introduced into a defence if nobody has yet explicitly acknowledged they exist?

    Many thanks
    F

  3. #28
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    Default Re: Parking Control Management UK Gladstones Court Claim

    What i would do is add something along the lines of


    As the claimant has not disclosed any information in their claim i will introduce the following defence points which may or may not apply :-

    etc

    This is technically incorrect but covers for when a judge appears who will give a claimant a lot of latitude.

    M1
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    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  4. #29
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Ah I see. Will do. So essentially these extra points of defence are to prevent a judge deciding in PCM's favour prior to the actual hearing?

    Many thanks
    F

  5. #30
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    Default Re: Parking Control Management UK Gladstones Court Claim

    It's about stopping a travesty such as http://legalbeagles.info/forums/show...396#post694396

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  6. #31
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Ah I see - I will work on this over the weekend so that I can submit by Sunday night.

    If this ever happens again I will certainly be sure to deal with things at the POPLA stage!

    Many thanks
    F

  7. #32
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Hi M1,

    I would be grateful for your opinion on the attached.

    Many thanks
    F
    Attached Files Attached Files

  8. #33
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Argh. Have just gone to check the online system and it only allows 122 lines. Will need to cut down.

    F

  9. #34
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Ok no worries - all trimmed and submitted!

    I guess they have 28 days to respond now...

    BW
    F

  10. #35
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Should've emailed it and kept it whole.

    M1
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    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  11. #36
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    Default Re: Parking Control Management UK Gladstones Court Claim

    To be honest I didn't know when precisely the deadline on 13th was so just wanted to avoid all doubt.

    Also there was nowhere on the MCOL system that allowed me to say I was sending the defence separately so didn't think it could be done.

    Anyway, what would happen if I were to apply for summary judgement now? Would they also have ano extra chance to add additional particulars or submit evidence or would judgement be made based on both of our statements as they stand?

    Many thanks
    F

  12. #37
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Anyway, what would happen if I were to apply for summary judgement now? Would they also have ano extra chance to add additional particulars or submit evidence or would judgement be made based on both of our statements as they stand?
    The same as before. You make an application and it would be heard. The other side always have an opportunity to amend things although the later they leave it, the less likely it is the court will accept it and it'll cost them an application fee to do so.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  13. #38
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Hi M1,

    Have received an email from Gladstones informing me of PCM's intention to proceed with the claim and requesting a special direction for a papers only hearing on the basis that the case is relatively straightforward (standard response it seems). They also say that if I reject their request for a papers only hearing then they'd like the case transferred to their local court.

    Should I now wait for the court to send to me a Directions Questionnaire to fill in?

    I will obviously be objecting to a papers only hearing but in respect of choice of court, should my argument be that I'm a LIP and the Claimant is a company?

    Also, should I be sending copies of everything I file with the court to Gladstones from now on?

    Many thanks
    F

  14. #39
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Yes, yes and yes.

    Obviously as they've had their DQ yours should follow soon. If not ask the court if it has been sent.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  15. #40
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Hi M1,

    I've had my DQ now so will send this off.

    Just had a few quick questions please:
    1) Should I be preparing a skeleton argument at this stage?
    2) Is there any sort of Defence in court against a claim that the contract might have been accepted on the basis of displaying a parking permit? (Obviously that particular claim has not been made because the particulars just vaguely state "breach of the terms and conditions").
    3) Further to 2) above, if this line of claim was brought up in the evidence pack or in court would I have grounds to say that I've been unfairly disadvantaged by inadequate particulars?
    4) Are there any extra costs that I could be hit with after the hearing?
    5) If I wanted to hire someone as a McKenzie friend would I need to declare this to the court in advance?

    Many thanks, as always, for your ongoing expertise
    F

  16. #41
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    Default Re: Parking Control Management UK Gladstones Court Claim

    1. A skeleton argument should begin preparation from the minute the claim form arrives, usually in your mind until the later stages when you'd start constructing in writing. However it shouldn't be submitted until after you've seen their evidence unless they are hopelessly late.

    2. Well it would depend on the facts to be honest. There has to be offer, consideration and acceptance both ways.

    3. Yes but if in evidence we'd use skeleton argument and witness statement to counter.

    4. Costs are limited in small claims. As long as you do as the court says, follow the rules and don't be an utter arse it'd be unusual to have more than claimed to pay. Perhaps in some cases some travel costs but it's usually local agents on a fixed fee. CPR 27.14 and Practice direction 27 details the costs rules.

    5. No. If i was paying i'd want a lay rep rather than a McK friend i think. The cost may be prohibitive and most times you won't get it back unless the claimants behave unreasonably.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email kati@legalbeagles.info if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  17. #42
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Hi M1,

    Just a quick update. We've both submitted DQs now and the court has transferred the case to my local court.

    It says in the letter that the case will be referred to a procedural judge to assign the case to the appropriate track. Hopefully this is the point at which the case is dismissed!

    BW
    F

  18. #43
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Unfortunately no. They are deciding the track and in your case it would be, most likely, the small claims track. This is where they are also working out the date.

  19. #44
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Thanks Ostell.

    Ah well... Wishful thinking!

    BW
    F

  20. #45
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    Default Re: Parking Control Management UK Gladstones Court Claim

    Hi M1 and Ostell,

    So I've received a date for the hearing on the small claims track...

    I've received an order that the parties have to send "[a] written statements of the evidence of (a) themselves and (b) of any other witness whose evidence is relied on in support of the claim or the defence and [b] copies of any documents which they propose to rely on at the hearing."

    What actually is required here please? Is it just a witness statement or is a whole skeleton argument needed? If so then I would have absolutely no idea how to go about this...

    Many thanks
    F

  21. #46
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    Default Re: Parking Control Management UK Gladstones Court Claim

    @mystery1 @ostell

    Are you able to advise please? The deadline for the court's request is in just over a week (4 May).

    I've sort of written an evidence statement but should I be including things like the NTK and debt collection letters etc? I had basically ignored these having followed what seemed to be the prevailing evidence at the time.

    Many thanks
    F

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