** Lost ** UKPC Residential Parking and County Court Claim

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

Thanks very much for you help Mystery1.
There certainly isn't any more that I can think to add to what you've supplied.

Another thing I have noticed is that their first exhibit (Exhibit KA/1, a copy of the contract redacted of commercially sensitive in information) was signed on 09/09/14. Doesn't that make this contract expired for the dates of the PCN's (29/12/2015, 02/01/2016, 15/01/2016, 23/01/2016 and 13/02/2016)?

[mystery1]

Re: UKPC Residential Parking and County Court Claim

Thanks very much for you help Mystery1.
There certainly isn't any more that I can think to add to what you've supplied.

Another thing I have noticed is that their first exhibit (Exhibit KA/1, a copy of the contract redacted of commercially sensitive in information) was signed on 09/09/14. Doesn't that make this contract expired for the dates of the PCN's (29/12/2015, 02/01/2016, 15/01/2016, 23/01/2016 and 13/02/2016)?

Keep that in mind and add it in if you haven't sent yet. If you haven't sent it then you need to get your skates on because you are already late.

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

So my hearing was due for 9.45am tomorrow and today I've had a call from the court to change the hearing to 2pm because they can't get a judge for the earlier time slot 🙄

I emailed them to say that I can't make the later time because of work commitment and it's too short notice. I also asked if it will affect the outcome with me not being in attendance. Here is the reply...


"If Defendant wishes to attend, he has the right to do so and we will adjourn to another date. If he would prefer not to come, the Court will consider all he has submitted in his witness statement and documents and will not permit the Claimant to adduce any evidence that is not in their own witness statement and documents. The Defendant will need to let us know either way. If he simply does not attend, his defence may be struck out."

[mystery1]

Re: UKPC Residential Parking and County Court Claim

I'd get on to the court pronto by phone.

To ask you to attend so they can adjourn seems to be on the rather bizarre side. Perhaps they mean turn up as scheduled in the morning and ask for an adjournment ??

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

I think they mean if I would like to be there to let them know so we can adjourn to a more suitable time.

Do you think it would hurt to let it go ahead tomorrow without me being present as they have my statement and it's unlikely I could add anything constructive?

[mystery1]

Re: UKPC Residential Parking and County Court Claim

It's not ideal. If the judge is impartial or slightly minded to trust a company then you could get stitched up and never know.

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

So... The adjourned Court Case is next week and I've just received this. Seems a little overkill to me and also mentions attending two small claims hearings yet we haven't even had one as it stands!?

Untitled

[mystery1]

Re: UKPC Residential Parking and County Court Claim

So... The adjourned Court Case is next week and I've just received this. Seems a little overkill to me and also mentions attending two small claims hearings yet we haven't even had one as it stands!?

Untitled

Some of these parasites are getting excited because the court of appeal held that costs allowed for by way of contract can be claimed, even in the small claims track.

Sadly for these boneheads the signs didn't say that



Only allows for £60 and that is for a specific thing which none of those pie in the sky figures are for.

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

Thanks again mystery1. Is there a particular way I can write or present that information? The court hearing is on Tuesday. Nervous!!!

[mystery1]

Re: UKPC Residential Parking and County Court Claim

If the claimant is claiming contractual charges for costs, then i submit that the sign (exhibit blah blah ( which they need to adduce in to evidence)) does not allow for contractual costs other than £60 for a debt recovery agent which would appear not to apply. In those circumstance i'd submit to the court that normal costs rules for the small claims track should prevail.



Do not read of the red bit or blah blah.

Did you submit a witness statement and evidence you wish to rely on ?


M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

Yes I submitted everything months ago before the original hearing was adjourned

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

I lost...
The Judge deemed it my fault for not parking in a marked bay which aren't marked physically but are marked a plan included in the lease.
He also commented that none of the reference cases mentioned were relevant.

I have to pay £160 per PCN in which there are 5 plus £210 in Fee's.

[mystery1]

Re: UKPC Residential Parking and County Court Claim

What did the buffoon say about the lease ? The forbidding signs ? The unmarked ground ?

FFS.

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

He said that the lease does state that I am permitted to park on the grounds... in the marked bays as shown on the plan which is also reiterated on the signage.
It turns out he was also involved in the Bevis vs Parking Eye as it was held in the same court

[mystery1]

Re: UKPC Residential Parking and County Court Claim

Malonony ?

What was said about you photos that disputed the markings ?

M1