Parking Control Management UK Gladstones Court Claim

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

The deadline as you say is 13/2/17 so will need to draft my defence this week.

Looking online and especially at some of your posts on this forum, it seems given Gladstones' inadequate particulars of claim that an embarrassed defence is the way to go - would you agree?

Many thanks
F

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi again M1,

Sorry to hassle you. I have very little idea about these things other than what I have read from your posts.

Is there any sort of special procedure for an embarrassed defence? Is this even the sort of defence I should submit?!

Would summary judgement under these circumstances for £255 be considered a disproportionate cost given the claim for £390 and/or is it likely to be successful?

Many thanks for all of your help so far
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

An application is by far the best way to go if you are either fee exempt or willing to take the risk of not getting the costs returned.

It should be successful but nothing is ever guaranteed.

An embarrassed defence is never a great idea but if they won't furnish details what else can you do ? It's either that or file a defence on every conceivable point. Sadly, at least 2 courts have let them pull this stunt and blamed the defendant for filing a bare defence. Ridiculous but there you go.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

So just to clarify:

Worst case scenario - I would pay the fee and then the court would decide against me and I would be paying in the region of £550.

Best case scenario- the court would decide in my favour and would award me costs for my application?

I'm a little confused on what the difference is between summary judgement and having a case heard "on the papers"?

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Worst case scenario - I would pay the fee and then the court would decide against me and I would be paying in the region of £550.

Pretty much.

Best case scenario- the court would decide in my favour and would award me costs for my application?

Yup.

I'm a little confused on what the difference is between summary judgement and having a case heard "on the papers"?

Summary judgement is really just a way of deciding a case is worthless without going through the whole process of exchanging directions questionnaires, witness statements, evidence etc. (It's way more cost effective in larger cases).

On the papers, is just the same as a hearing except nobody turns up and the judge reads what everyone has submitted and decides.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Many thanks M1.

Actually I miscalculated... It's circa £650. I'm not in a position to be fee exempt but equally neither am I in a financially viable position to risk £650...

I've drafted a defence based on a combination of your defences on other threads and some reading around the subject and was wondering if you would take a look? Hopefully you aren't too shocked by my relative misunderstanding legal drafting!

Also just another point - is it worth including in the defence a paragraph on Gladstones' failure to fully follow pre-action protocol?

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

In my opinion the defence should be fine but at least 2 courts have said otherwise. Probably safer to just bung everything in.

http://content.tfl.gov.uk/railway-byelaws.pdf

This being a byelaw site would feature high on the list.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Sorry I should clarify - the actual location was just near Galleon's Reach station but not in the immediate vicinity of the station per se. It was at a large residential complex with a pub and a small shop so I'm not sure the byelaws would necessarily apply

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

So what do you know ?

Signs, pofa etc ?

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Not sure exactly what you mean?

The signs were as the one I posted in my original post. They weren't ideally placed to be seen from the car and one of them was damaged, looking back at the online evidence.

There was a NTK on the windscreen for each event (example photo as per my original post). I haven't had a chance in detail to go through and see if they have or haven't complied with everything in the POFA...

I mentioned the failure to comply with the PD on pre action conduct.

Are there any other points of defence I can use without giving too much away that might give them an unfair advantage?

BW
F

[mystery1]

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

[Fruitbat]

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

[mystery1]

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

[Fruitbat]

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

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

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

M1