Directions Questionnaire from CSB Law received via email, They’ve asked for Claim to be heard on Papers only |
Directions Questionnaire from CSB Law received via email, They’ve asked for Claim to be heard on Papers only |
Thu, 2 Nov 2017 - 22:10
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#1
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Hi All
My partner (the registered keeper) received a Court Claim Form today for a PCN issued on 30 June 2017 by CSB Solicitors/London Parking Solutions for parking outside our flat whilst bringing shopping in. I have included the Particulars of Claim paragraph below. No PCN sticker was stuck on the windscreen at the time of the offence, but she received a letter in the post from London Parking Solutions in August chasing payment (indicating that London Parking Solutions obtained registered keeper details from the DVLA within 30 days as she is registered keeper). She ignored the letter as she knew it wasn't a real PCN but presented me with a copy of the Claim Form from Court today. She did not make any contact with London Parking Solutions, no calls, emails, letters etc - she simply ignored the letter. Can someone please provide some advice please? Whats the best course of action for defending this? My partner is registered disabled/Blue Badge holder if it helps? Many thanks,
This post has been edited by tld2004: Fri, 3 Nov 2017 - 19:54 |
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Thu, 2 Nov 2017 - 22:10
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Tue, 21 Nov 2017 - 12:37
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#41
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
So I should just delete 8.1 - 8.5?
I'm getting confused with what you are suggesting/what I need to do. |
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Tue, 21 Nov 2017 - 13:01
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#42
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
This is private land so strictly the TMA does not apply. What I am suggesting is that you have a point by itself, not linked to anyother points, and this is the only point you talk about the TMA at all. So in 8 AND 9, for some reason, you talk about the TMA. ONLY in point 9 would you talk abpout ythe TMA.
9 needs to be expanded. You cannot just state you were not parked due to the TMA saying this isnt parking, because, as has been said, the TMA is to do with public roads and car parks. HOWEVER what you say is that the vehicle was never pakred because it was.... this is backed up by the common differences in term between "parked" and "unloading" (etc) as ensrhined in law in the TMA. For a private company to redefine what is meant by a well understood word such as parking, on what appears to be a normal road (if this is the case) they must bring this difference CLEARLy to the attention of any motorist. They do not clearly redefine parking to include stopping / waiting / boarding and alighting / loading and unloading as being "parked", so as the vehicle was not "parked" according to the well understood definition of the term, no charge was due. |
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Tue, 21 Nov 2017 - 14:17
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#43
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Right, understood. Thanks
I've changed the title of the point 9 then as its not accurate to the point I'm trying to make. Latest attempt below... Authority to Park and Primacy of Contract |
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Sun, 10 Dec 2017 - 15:30
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#44
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Hi guys
The Claimants solicitors, CSB Solicitors, have just emailed a copy of their directions questionnaire to the Court cc’ing us in. They’ve also asked for claim to go to Woolwich Court as its “closer proximity for claimant” Dear Sirs Any advice? I want to reply to their email, cc’ing court, saying the following etc: I want to question the Parking Co in Court re: their behaviour (ticketing disabled drivers, taking photo’s from their own car instead of getting out the car) Plus, the defendant is disabled so want to state Bromley as the local court. This post has been edited by tld2004: Sun, 10 Dec 2017 - 15:31 |
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Sun, 10 Dec 2017 - 15:36
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#45
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Do you have an existing thread about this?
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 10 Dec 2017 - 15:41
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#46
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Member Group: Members Posts: 6,178 Joined: 1 Jan 2013 From: Glasgow Member No.: 59,097 |
Take your pick
http://forums.pepipoo.com/index.php?act=Se...ult_type=topics |
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Sun, 10 Dec 2017 - 16:46
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#47
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Threads now merged
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Sun, 10 Dec 2017 - 17:03
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#48
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I want to question the Parking Co in Court re: their behaviour (ticketing disabled drivers, taking photo’s from their own car instead of getting out the car) What relevance does that have? QUOTE Plus, the defendant is disabled so want to state Bromley as the local court. Irrelevant if it goes ahead on the papers only. Very relevant if not. Threads now merged You're welcome. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 10 Dec 2017 - 19:44
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#49
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Thanks Southpaw82.
I think its very relevant, as SchoolRunMum stated in post number 36 - The parking co have acted in unprofessional and predatory manner and I want to ask them about this in Court in front of the Judge. I've drafted the below. Any comments or suggestions? Thanks Dear Sirs This post has been edited by tld2004: Sun, 10 Dec 2017 - 20:02 |
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Sun, 10 Dec 2017 - 20:46
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#50
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
How does their unprofessional or predatory conduct have any legal bearing on the defendant's liability?
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 11 Dec 2017 - 07:53
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#51
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
As above, really
What you should state is you wish to question their witness about the events of the day, or something else to do with the actual case. Youre not on a crusade here... |
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Fri, 12 Jan 2018 - 11:22
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#52
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Hi Guys
We received Notice of Allocation to Small Claims Track (Hearing) this morning, saying Claim will be dealt with at Bromley Court. I'm a self employed contractor (currently on assignment on quite a high day rate) and I will need to take time out of work to attend Court with my partner (the defendant). Question: As a litigant friend to my partner, am I entitled to claim costs for time out of work to attend Court if we win the case? If so, is it worth notifying the Claimant that we will claim costs if we win and my contracted day rate is £x? This post has been edited by tld2004: Fri, 12 Jan 2018 - 11:23 |
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Fri, 12 Jan 2018 - 11:29
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#53
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Question: As a litigant friend to my partner, am I entitled to claim costs for time out of work to attend Court if we win the case? If so, is it worth notifying the Claimant that we will claim costs if we win and my contracted day rate is £x? Limited to £95 anyway - see here . (Unless unreasonable behaviour can be utilised - see CPR 27.14(2)(g) - here) This post has been edited by Jlc: Fri, 12 Jan 2018 - 11:33 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Fri, 12 Jan 2018 - 13:44
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#54
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
£95 fo a half day loss of earning / pay. You will need proof of income, and for contractrors the court seems to be quite harsh.
To claim more, as said above, you need to show they ahve behaved UNREASONABLY. See the DENTON case for this. |
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