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***WON WON WON*** - Parking Control Management at Heath Parade - NW9

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  • #16
    Re: HELP - Parking Control Management at Heath Parade - NW9

    It is always best to have keeper liability as another weapon. If you don't because you gave it away then it's best not to look fishy. The lack of contract 1. because the signs were not clear or legible 2. because there is no offer, consideration and acceptance, are far stronger avenues to attack this from.

    M1

    Comment


    • #17
      Re: HELP - Parking Control Management at Heath Parade - NW9

      Great, that's good. So I'll stick to the contract defence for now. Thanks so much!

      Comment


      • #18
        Re: HELP - Parking Control Management at Heath Parade - NW9

        Okay, so sent my defence and I've received the Directions Questionnaire - I say no to mediation, right?
        Do I go straight to C1 in the form (small claims track is the appropriate track for this case)?

        Thanks!
        S

        Comment


        • #19
          Re: HELP - Parking Control Management at Heath Parade - NW9

          You can but i always say to tick yes. Pretty seldom works in these cases but if you don't a judge can be a little irked and you don't want that. The judges do not know why mediation fails.

          http://www.legalbeagles.info/forums/...l-Claims-Track

          M1

          Comment


          • #20
            Re: HELP - Parking Control Management at Heath Parade - NW9

            Hi all,

            So I've sent my DQ but I've only just received Gladstone's request for special directions for the case to be heard on papers only. How do I reject this? Can I call the court? Deadline was this Tuesday coming and I'm afraid a letter won't get to them in time...

            S

            Comment


            • #21
              Re: HELP - Parking Control Management at Heath Parade - NW9

              You could email the court

              Comment


              • #22
                Re: HELP - Parking Control Management at Heath Parade - NW9

                Okay great, I'll do that tomorrow!

                Comment


                • #23
                  Re: HELP - Parking Control Management at Heath Parade - NW9

                  Hi again!

                  I was away on for work for a while so came back last night to find a letter stipulating the following:

                  IT IS ORDERED THAT
                  Case is transferred to County Court Clerkenwell & Shoreditch
                  The Gee Street Courthouse
                  29-41 Gee Street
                  London
                  WC1V 3RE

                  This order has been made by the court of it's own motion under the case management powers set out in Part 3 of the Civil Procedure Rules 1998. Any party affected by the order may apply under rule 3.3 (5) to have it set aside, varied or stayed provided that any such application is made to the court no more than seven days after the date on which this order was served on that party

                  The date was 15th February so I have until tomorrow

                  What I want to understand is:
                  what "set aside, varied or stayed" means, and which I would want
                  What the transfer means for me (before it was at Barnet)
                  Why you reckon it got transferred in the first place
                  Why I haven't received a court date yet

                  Do let me know, as I believe by their timings I have until tomorrow to respond

                  Thanks so much!

                  S
                  Attached Files

                  Comment


                  • #24
                    Re: HELP - Parking Control Management at Heath Parade - NW9

                    If that is your local court there isn't anything to do.

                    Stay = put on hold.

                    Set aside = go back to where the process was before this order was made.

                    Varied = varied.

                    What the transfer means for me (before it was at Barnet)
                    You'd need to adjust your sat nav.

                    Why you reckon it got transferred in the first place
                    Why I haven't received a court date yet
                    Barnet are too busy, or in chaos ?

                    M1

                    Comment


                    • #25
                      Re: HELP - Parking Control Management at Heath Parade - NW9

                      Hey M1

                      Thanks for replying.
                      I think you're right - I read somewhere that they are transferring cases. I called up and they said Barnet aren't handling these any more.

                      Means a 40 minute journey as opposed to a 10 minute one. Not ideal, but nothing much to be done I suppose.

                      Guess I'll continue to wait for a court date!

                      Thanks so much,
                      S

                      Comment


                      • #26
                        Re: HELP - Parking Control Management at Heath Parade - NW9

                        I have a court date! 31st May. I'll be gathering my evidence

                        In my defence, I state that the car had breaking issues so was out of my control not to, quote, 'stop'. I have a letter from the car manufacturer stating my car at the time was still due for its safety recall (letter is dated after the alleged offence). Having only been the owner of the car since March last year, it was news to me but made complete sense as to why the car was misbehaving. So anyway, I'm using that as evidence.

                        I also argue that no contract was formed as I was not given a reasonable grace period and poor signage. I imagine a photo of the signage at the level of the car is appropriate as evidence?

                        Is there any obvious thing I am missing?

                        Thanks for all your help by the way, really nice to have people's support =)

                        Comment


                        • #27
                          Re: HELP - Parking Control Management at Heath Parade - NW9

                          Nothing immediately springs to mind.

                          I assume you've read this http://lbbspending.blogspot.co.uk/20...predatory.html and the latest cases on the Pranksters blog ?

                          M1

                          Comment


                          • #28
                            Re: HELP - Parking Control Management at Heath Parade - NW9

                            I have indeed! Very helpful the parking prankster... OK great, I'll do that then. I'll hold off sending anything in case something else springs to mind. Is it worth taking examples of things like the blog posts to describe the predatory tactics I wrote about in my defence?

                            Comment


                            • #29
                              Re: HELP - Parking Control Management at Heath Parade - NW9

                              You'll need to send them in advance and they probably won't carry much weight, although they may plant a seed in a judges mind.

                              M!

                              Comment


                              • #30
                                Re: HELP - Parking Control Management at Heath Parade - NW9

                                Originally posted by mystery1 View Post
                                You'll need to send them in advance and they probably won't carry much weight, although they may plant a seed in a judges mind.

                                M!
                                Thanks M1, definitely will do

                                Question: in a separate case I'm in (about the SAME spot, around the same time), I had a deadline to submit the directions questionnaire by 3rd March. I called today because I hadn't heard anything since then. I confirmed with the woman at Barnet county court that they were still waiting for the claimant to file their directions questionnaire!

                                Is this grounds for anything? Surely, they've broken court procedure?

                                I'd love to know! I'm drafting an email now - do you think it's worth writing anything to the court as well?

                                Many thanks,
                                S

                                Comment

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