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

[mystery1]

Re: HELP - Parking Control Management at Heath Parade - NW9

https://www.justice.gov.uk/courts/pr...rt26/pd_part26

Consequences of failure to file a directions questionnaire
2.5
(1) Parties must comply with the notice served under rule 26.3(1) by the date specified in it. Rules 26.3(7A), which concerns claims started in the County Court for specified and unspecified amounts of money, and 26.3(8), which concerns claims other than those claims started in the County Court for specified and unspecified amounts of money, apply where a party is in default.
(2) Omitted
(3) Under rule 26.3(8) the court may give directions of its own initiative or list the case for a case management conference. Alternatively, if it appears appropriate to do so, the claim may be struck out or, where a defendant is in default, judgment may be entered against that defendant.
(4) Rule 26.3(10) provides for a costs sanction if an order is made under either rules 26.3(7A)(b) or 26.3(8).

M1

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

https://www.justice.gov.uk/courts/pr...rt26/pd_part26

Consequences of failure to file a directions questionnaire
2.5
(1) Parties must comply with the notice served under rule 26.3(1) by the date specified in it. Rules 26.3(7A), which concerns claims started in the County Court for specified and unspecified amounts of money, and 26.3(8), which concerns claims other than those claims started in the County Court for specified and unspecified amounts of money, apply where a party is in default.
(2) Omitted
(3) Under rule 26.3(8) the court may give directions of its own initiative or list the case for a case management conference. Alternatively, if it appears appropriate to do so, the claim may be struck out or, where a defendant is in default, judgment may be entered against that defendant.
(4) Rule 26.3(10) provides for a costs sanction if an order is made under either rules 26.3(7A)(b) or 26.3(8).

M1

Thanks M1!
I've emailed the court, I will send a letter also. I'll keep you posted

Many thanks,
S

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

Hi everyone! Wow, feels like forever ago since I wrote...

Court date is the 31st this month, so I'm sending my witness statement today/Monday

So I've more or less got my witness statement together - I just wanted to know...if I haven't revealed the driver (I'm being taken to court as keeper, not driver), should I continue to make the statement as keeper. i.e. at so-and-so date, THE DRIVER stopped their car...etc etc

Does that make sense?

Also, do I have to reference in the witness statement everything I wish to rely on in court, or is it enough to simply reference it in the contents page?

Thanks for all the help so far!

[charitynjw]

Re: HELP - Parking Control Management at Heath Parade - NW9

Hi

This should give you the general idea.
http://www.legalbeagles.info/forums/...ness-Statement

I'll give [MENTION=5354]mystery1[/MENTION] & [MENTION=39331]ostell[/MENTION] a shout for you.

[charitynjw]

Re: HELP - Parking Control Management at Heath Parade - NW9

Out of interest, did they ask for it to be heard on papers, or are they sending a r̶̷̲̅a̶̷̲̅n̶̷̲̅d̶̷̲̅o̶̷̲̅m̶̷̲̅ ̶̷̲̅b̶̷̲̅o̶̷̲̅d̶̷̲̅ legal rep?

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

Out of interest, did they ask for it to be heard on papers, or are they sending a r̶̷̲̅a̶̷̲̅n̶̷̲̅d̶̷̲̅o̶̷̲̅m̶̷̲̅ ̶̷̲̅b̶̷̲̅o̶̷̲̅d̶̷̲̅ legal rep?

Hithere

Hiya!
They had asked for that in their DQ but I pre-empted based on advice and rejected their request for special directions
Apparently, it was textbook Gladstones to request it

[charitynjw]

Re: HELP - Parking Control Management at Heath Parade - NW9

If part of your defence is that the car malfunctioned, forcing you to stop, maybe you could squeeze in to your argument that there was no intention to create legal relations, a necessary concept for the formation of a contract. Although the usual presumption in commercial contracts is that there is an intention, it can be rebutted.
http://e-lawresources.co.uk/Intentio...-relations.php

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

Hi charitynjw,

Absolutely right, I made this point in my defence and now ramming it home in my witness statement. Thanks so much for the link! I will keep you posted on how it goes =)

[charitynjw]

Re: HELP - Parking Control Management at Heath Parade - NW9

Hi charitynjw,

Absolutely right, I made this point in my defence and now ramming it home in my witness statement. Thanks so much for the link! I will keep you posted on how it goes =)

Thanks, stephthechosenoone.

I confess that I do have an active interest in this.
(See bottom of page, 'similar threads')

[mystery1]

Re: HELP - Parking Control Management at Heath Parade - NW9

Hi everyone! Wow, feels like forever ago since I wrote...

Court date is the 31st this month, so I'm sending my witness statement today/Monday

[FONT="]So I've more or less got my witness statement together - I just wanted to know...if I haven't revealed the driver (I'm being taken to court as keeper, not driver), should I continue to make the statement as keeper. i.e. at so-and-so date, THE DRIVER stopped their car...etc etc[/FONT]

Does that make sense?

Also, do I have to reference in the witness statement everything I wish to rely on in court, or is it enough to simply reference it in the contents page?

Thanks for all the help so far!

Yes.

Not sure what you mean by reference. I'd just put it in to be honest. No point trying to look like a chancer when the main defence is that you weren't driving, you really need the judge to believe you are being honest on that.

M1

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

Court date tomorrow at 10:00! Re-reading my documents and cases - wish me luck!

[charitynjw]

Re: HELP - Parking Control Management at Heath Parade - NW9

All the best!

Please let us know how you get on.

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

I won!!!!
Well, my counterclaim was dismissed. My CC was based on Parking Prankster's wording - apparently the judge was convinced that at the time of the event the Claimant had enough reason to believe a contract existed between myself and them and it would be unfair for me to expect Claimant to first conclude there was a contract agreement (that's arguably the judge's job I guess) before pursuing the DVLA for my details.


The Claimant's claim however, lost on the following counts:
1. Grace period was, according to the Claimant's evidence, 3 minutes, which isn't enough time to pull up, get out of the car, read the terms and leave
2. Forbidding language on the signs - the largest sign saying NO CUSTOMER PARKING AT ANY TIME. This is echoed in the Claimant's sign.


So case dismissed!


BTW, the Gladstone's rep was a Mr Akbol. I don't recall the judges name sadly! But a lovely fellow - he even stepped down to view my recorded video of the signage >.<


No costs were awarded to either party either, so £24.00 for parking lost, which is annoying. Next time I'll be taking the train! (Hopefully there isn't a next time). In total, I think it was a full 2 hours - I made it out in time to retrieve my car without incurring any parking tickets!


I want to say a massive thank you to everyone for all the help!!! What an experience!!

[charitynjw]

Re: HELP - Parking Control Management at Heath Parade - NW9

Well done, Sophie.

You 'Gladstoned' Gladstones!

I'll give [MENTION=49370]Kati[/MENTION] a shout to amend the thread title a tad.
& I'm sure [MENTION=5354]mystery1[/MENTION] will want to know about your victory.

[stephthechosenone]

Re: HELP - Parking Control Management at Heath Parade - NW9

Haha yes, one would think so!

I don't believe I was forceful with my counterclaim, which if I was might have won it for me. Alas, I was just amazed that the case was going my way already! It was like the judge had seen enough of their so-called claims!

Just checking - I left there pretty sharpish after the judge said he'd made his decision and we were done. After a quick thank you from me, I bolted. Should I have received anything in terms of confirmation of judgement??