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

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  • #46
    Re: HELP - Parking Control Management at Heath Parade - NW9

    I would give the court a ring (The one that 'heard' the case).

    I would want a copy of the decision to laminate & leave on the car dashboard.

    Headed "Cowboy parking companies.....Beware of the Steph!!"
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    • 1 thank

    Comment

    • #47
      Re: HELP - Parking Control Management at Heath Parade - NW9

      Btw, did you go through the usual soft appeal to PCM/appeal via IAS before the county court claim was issued?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

      • #48
        Re: HELP - Parking Control Management at Heath Parade - NW9

        Originally posted by stephthechosenone View Post
        I won!!!!
        well done xx
        Originally posted by stephthechosenone View Post
        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.
        can you set aside that bit at all?? was it dismissed "with" or "without" prejudice??
        Originally posted by stephthechosenone View Post
        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 would be so annoyed about that - did you bring up the issue of costs at all?
        Originally posted by charitynjw View Post
        I'll give @Kati a shout to amend the thread title a tad.
        sorted xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle
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        • #49
          Re: ***WON WON WON*** - Parking Control Management at Heath Parade - NW9

          Next time I'll be taking the train!
          I don't think that 'loading' bay is big enough?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #50
            Re: HELP - Parking Control Management at Heath Parade - NW9

            Originally posted by charitynjw View Post
            Btw, did you go through the usual soft appeal to PCM/appeal via IAS before the county court claim was issued?
            Nope - I did not. I mentioned so and why in my statement and the judge seemed happy enough - we didn't even go through it because he was satisfied. I based my wording on Parking Prankster's blog post! The incestuous relationship with IAS and Gladstones
            • 1 thank

            Comment

            • #51
              Re: HELP - Parking Control Management at Heath Parade - NW9

              Thanks Kati!

              Can I ask what you mean by "set aside"? He didn't mention whether it was with or without prejudice - can we assume which it is?
              Also, yes I did bring up costs. He mentioned he had dismissed both claims so was not going to offer any costs for any party. Which is fair enough (I guess)!

              Comment

              • #52
                Re: HELP - Parking Control Management at Heath Parade - NW9

                Originally posted by stephthechosenone View Post
                Can I ask what you mean by "set aside"?
                I was just wondering if you would need to set aside his decision to dismiss your counterclaim so that you could bring your own claim for breach of DPA?
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment

                • #53
                  Re: HELP - Parking Control Management at Heath Parade - NW9

                  Originally posted by Kati View Post
                  I was just wondering if you would need to set aside his decision to dismiss your counterclaim so that you could bring your own claim for breach of DPA?
                  Oh I'm not sure at all on that. If I should, have I missed my opportunity or could I approach the court again?

                  Comment

                  • #54
                    Re: HELP - Parking Control Management at Heath Parade - NW9

                    Originally posted by stephthechosenone View Post
                    Oh I'm not sure at all on that. If I should, have I missed my opportunity or could I approach the court again?
                    tbh Steph I'm not sure ... I know someone who has been helping those that had successfully appealed pcn's and resulting court claims with DPA breach issues, but I'm not sure how (or if) it could be done in your case, yet​. Give me a couple of days and I'll see what I can find out xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment

                    • #55
                      Re: ***WON WON WON*** - Parking Control Management at Heath Parade - NW9

                      Did you request permission to appeal the counter-claim dismissal before vacating the hearing? (I can probably guess, but.....).
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick
                      • 1 thank

                      Comment

                      • #56
                        Re: ***WON WON WON*** - Parking Control Management at Heath Parade - NW9

                        Originally posted by charitynjw View Post
                        Did you request permission to appeal the counter-claim dismissal before vacating the hearing? (I can probably guess, but.....).
                        Haha I'm sure you'll guess right. I bolted the moment the judge said he'd made his mind up and we were done (after I said thank-you of course!)

                        Comment

                        • #57
                          Re: ***WON WON WON*** - Parking Control Management at Heath Parade - NW9

                          Originally posted by stephthechosenone View Post
                          Haha I'm sure you'll guess right. I bolted the moment the judge said he'd made his mind up and we were done (after I said thank-you of course!)
                          I think (but not absolutely certain) that the counterclaim will be res judicata (already decided).
                          https://en.wikipedia.org/wiki/Res_judicata
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

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