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Messages - oscar21

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Private parking tickets / Re: Court Claim by Euro Parking Services
« on: May 13, 2025, 03:38:49 pm »
Quote from: DWMB2 on May 13, 2025, 03:01:02 pm
Quote from: oscar21 on May 13, 2025, 02:44:53 pm
did this case really need all that CPR stuff at the begining to try and get it thrown out?
The overwhelmingly vast majority of the cases we advise on get discontinued before they reach a hearing (I think yours is perhaps the third case we have seen out of the several hundred over the past couple of years that has actually wound up in the courtroom), which is where the 'CPR stuff' comes from.

Very good to hear that you got a judge that chose to apply some common sense (although he seems to have an issue with 'template defences', but not template particulars of claim that don't adequately meet the relevant civil procedure rules...).

If you had told us from the outset that you were helping a friend, we could have advised you on steps to take to allow you to represent him (or at least sit alongside providing advice as a potential McKenzie Friend).

All in all, it sounds like a very good result for your friend, who it sounds ought to be rather more grateful to you!

I agree with all of that, if it was me I would never fold on stuff like this, I would always take it all the way and every time I have done in the past for stuff like speeding I've always come off winning or not that bad. Years ago I turned a potential 3 points into an absolute discharge by taking it nto court and speaking up.

However my mate is now convinced that you dont need pretend internet Perry Masons quoting stuff that they have no idea what it even means and all you have to do is tell the truth to come out on top.

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Private parking tickets / Re: Court Claim by Euro Parking Services
« on: May 13, 2025, 03:33:52 pm »
Quote from: b789 on May 13, 2025, 03:13:33 pm
Tere has to be. reason the judge dismissed the case and it isn't "just because it was for 2 minutes". It will be because there was no possibility of a contract being formed without a minimum consideration period.

No contract formed, therefore no valid claim. Claim dismissed.

The fact that the defence is a template should not be a factor. The defendant is allowed to use all available resources to submit a defence. That defence was put together by a long serving district judge. It was based on the fact that the claimant failed to comply with CPR 16.4(1)(a) (as do all claims submitted by Gladstone's). However, the attached transcripts are only persuasive, not binding.

So, the judge was not obliged to strike out the claim for the CPR 16.4(1)(a) failure, even though it was perfectly suitable to request that it was. What are the point of rules if they are not followed?

When you went to court with your friend, did you ask the usher to tell the judge that you would be their lay representative and show them a copy of the
The Lay Representatives (Rights of Audience) Order 1999?

Anyway, a win is a win. As stated in so many posts, the odds of it going all the way to an actual hearing a slim and even then, there is a very good chance that it will be successful.

I did, I asked the usher if it was ok if I assisted him and the usher said as its small claims then its no problem, then he wrote my name down in a box under my mates. When we walked in I asked the judge where to sit and if I could assist, calling myself a "lay representative" - he replied "no such thing" and said I had to sit at the back.

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Private parking tickets / Re: Court Claim by Euro Parking Services
« on: May 13, 2025, 02:44:53 pm »
Case won, I was doing this on behalf of a friend though, the judge made me sit at the back on the naughty step and I couldn't interact with him at all, hovever my mate won it on the time he spent on site, less than a minute. I did mention this in my first or second post but no-one seemed interested.

To me that was the obvious winner, how can less than 60 seconds on site equate to £100 charge, its madness and the judge seemed to agree, did this case really need all that CPR stuff at the begining to try and get it thrown out? the Judge totally dismissed this and said it was just a template internet defence, wasn't interested at all, he obviously knew I was the "internet lawyer" so made me sit at the back.

I wanted to say to my mate go for costs but if I'd have said anything I think I would have gone to the cells. So in the end we just cleared off and were glad to be out of there.

So even though this was a vicotry, it felt like a defeat to me, it was hard work getting my mate to get me all the paperwork, posting it on here, sending stuff off to the courts and solicitors etc etc. Now my mate thinks he won it all by himself as he is the one that spoke up.

What I've learned from this is - never help anyone out -- ever.

4
Private parking tickets / Re: Court Claim by Euro Parking Services
« on: April 22, 2025, 12:19:40 pm »
Yes by email sorry, It was acknowledged on MCOL that it had been recieved.

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Private parking tickets / Re: Court Claim by Euro Parking Services
« on: April 22, 2025, 10:16:22 am »
Yes, I have that document from the court, don't want to be too specific on dates as it will single me out, not that thats too important but I need to check in the next day or so whether they have paid or not. The document said that if it wasn't paid by a certain date then it would be struck out. It didn't mention a witness statement was needed. I already sent a detailed defence via MCOL.

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Private parking tickets / Re: Court Claim by Euro Parking Services
« on: April 22, 2025, 09:40:55 am »
Hi, to continue this, I have now recieved a witness statement from a an employee of EPS although his address given is in Birmingham so its EPS head office. Its a lengthy PDF of 30 pages and details all their arguments and pictures, copies of the original ticket etc. It has the registered keepers name all over it so I cant really redact it and post it on here, I could potentially DM it to a trusted person to have a look at if possible.

However the court case is due to go ahead about the middle of May providing EPS pay the fee which is due about now, what do I need to do next, do I need to provide a witness statement like the one they sent or is it just a matter of turning up on the day with some sound arguments.

I could possibly post parts of the witness statement if soemone wants to look at a specific part of it, I'll start with the original ticket front and back.

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The main factor for me is though, the length of the parking, according to their CCTV the car was parked for 50 seconds, or according to them 1m 4 seconds. Surely this has no merit in a court case, I thought they had as devminimis rule

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Non-motoring legal advice / Re: Court claim for alleged damage
« on: January 18, 2025, 11:08:46 am »
OK, this is the story so far with this case, I read various threads on this site and followed the advice in them by submitting the preliminary defence via email attachment and not the online form, participating in the mediation but keeping it short and sweet by saying right from the off I won't be offereing any counterclaim so I was off the phone within 2 minutes, completed the alocation questinnaire.

I then got a further letter from the court saying it was proceding to a hearing and I had to get my defence in by the end of the month, Cadent also had to pay the fee etc. Interestingly it wasn't allocated to my local court as I'd asked on the forms but was prepared to travel anyway, not sure if I may have got moved at a later date though.

then I finally received this a couple of days ago.






I take it this is now job done? Do I have to do anything further like still submit the defence by the due date or anything?

Footnote - what I will say though is how complicated it all is, if you get taken to court, (usually by legal experts) its no just a matter of writing "guily" or "not guilty" and taking your punishment, there are quite a few steps you have to go though in the right order and some of them really should be done by a solicitor if you are just your random member of the public, I can see how easilly it would be for someone to trip up and the experts win by default even though you may have done absolutely nothhing wrong, no wonder PPC's use this method to bully payments out of people.

I wouldn't mind but most governemt forms like passports and driving licence etc come with an idiots guide to fill them in yet the court documents come with very little which is odd as one slip up could cost thousands.

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Non-motoring legal advice / Re: Court claim for alleged damage
« on: November 08, 2024, 11:24:12 am »
I haven't got access to the invoice and pictures until Monday, they are at the office and I've been working away all week, I might be able to get someone to go down in  a bit and get a copy. I know I should have got on top of this earlier but I've just been so busy work wise, regardless I need to file the N180 document today.

The invoice was mainly for site visits by their staff to initially come out and do a safety check and also for digging the hole and filling it in again. I don't think they invoiced for a repair as they obviously didn't repair anything.

What they did do after I phoned them was send a guy out just to assess the situation and make sure nothing was going to blow up, I actually stopped the leak by screwing the screw back into the pipe which sealed it so the actual leak was minimal. He then reported back to his manager and they sent a team out to dig the car park up and cap off the supply in the street. They then returned a week or so later and filled the hole back in. This is what they are charging for.

Apparently there was still a gas meter on the inside of the building in a cupboard on the other side of the wall but nothing was attached to the outgoing side as it was an all electric setup. This meter has now been removed by cadent when they diconnected it.

Shouldn't they have supplied invoice and picutre copies with the defence bundle though.

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Non-motoring legal advice / Re: Court claim for alleged damage
« on: November 08, 2024, 10:00:05 am »
Quote from: andy_foster on November 07, 2024, 10:02:01 pm
And this "full details of the negligence" which "have been provided"?

The claim form is the only thing that came in the bundle, I have previously been sent a couple of pictures by cadent along with their invoice but they just showed a pipe with a small hole in it with the wall cladding removed, which I took off myself.

The claim form comes from the court though, wouldn't that be the only thing the court sent me even if cadent have sent copies of the pictures to the court, I'm not sure how it works. Does the court send everything they get to me?

As for my original question though, how can I word the bit where you ask for a physical hearing as opposed to "doing it on the papers", if indeed that is the right way to go about it. The DQ has to be in by the end of today.

Thanks

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Non-motoring legal advice / Re: Court claim for alleged damage
« on: November 07, 2024, 07:57:56 pm »
Quote from: andy_foster on November 07, 2024, 07:37:55 pm
If the building owner was suing you for negligence, then I would say that you have pretty much nailed the defence.

However, reading between the lines, you are being sued by a service provider that you contracted (albeit informally) to provide a service, and refused to pay.

Perhaps we could start with the particulars of claim, etc.?

Thanks for the relies, This is a copy of the claim, they are definitely suing for negligence.




11
Non-motoring legal advice / Re: Court claim for alleged damage
« on: November 07, 2024, 07:56:24 pm »
Quote from: mickR on November 07, 2024, 07:33:18 pm
I thought it was regulation now that gas pipes HAD to be run on the outside of buildings until an entry point closest to the internal appliance

They certainly do on residential buildings, not sure about commercial, but when we removed the cladding (cladding was fixed and shouldn't really be removeable but it was an emergency) it was the same gas pipe as what was external on the other units but it had been cladded over for some reason, making it invisible. It is the sort of pipe you see externally all over the country, it has a square tap on the top that is used as an emergency cutoff. like this.

 

12
Non-motoring legal advice / Court claim for alleged damage
« on: November 07, 2024, 06:27:11 pm »
Just like busses, they all come at once. I already have a court claim regarding a private parking ticket on the go at the moment and I'm dealing with this one as well.

Basically I was doing some work on the outside of a building as part of my job, I was under the instruction of the building tenant and I was fitting something to the outside of it. The building is a commercial unit and as I was driving a screw home it went through a gas pipe on the inside of the wall, basically it was in the cavity of the wall, as the pipe was before the meter we had to call Cadent out to repair it. They have since issued an invoice for the damage cause for about £800 which I didn't pay and they have now taken it to court.

I did put a defence in and its now time for the DQ part, the bit I'm stuck on is a reason for having the hearing in person.

The scenario is the pipe was completely hidden inside the wall, its a double skinned metal wall full of insulation. There was no way of knowing there was a gas pipe inside the wall and on every other unit on the estate any gas pipe supplies are on the outside. Even the grid in the tarmac marked "G" didn't have anything inside it apart from soil. I also knew for a fact that the building wasn't supplied by gas as I fitted all the electric heaters and electric water heater to it a few months ago.

When the first guy from Cadent showed up he reckoned we wouldn't be liable and it was just one of those things but later on when one of their managers showed up he said the exact opposite (I had left site by then, the owner of the building reckoned he was a bit of an idiot really) My defence was based on the fact that I wasn't negligent in any way so wasn't liable for the bill at all.

The also have my name wrong on the court papers despite filling it in correctly on like, my name is "Joe Bloggs trading as JB Electrical but they have it as Joe Floggs trading as JF Electrical (not real). Does that make any difference?

This is what I wrote for my defence. I thought they might drop things at this stage,

"In reference to the claim against me although damage occurred to
Cadents pipework, no negligence was involved. The pipework was
completely hidden from view inside a metal wall which I was
instructed to fasten a vehicle charger to.

There was no way to know any sort of pipework was inside the wall,
especially as the building didn't even have a gas connection
present. Also on every other building on the same estate the
pipework was external to the building where you could quite
clearly see it, another reason to assume there was nothing there.

As for the claim for the damage, Cadent didn't even repair the
damaged pipework, they just cut the supply off in the ground
outside the building as the supply was not needed, I don't believe
they normally charge for this service if a supply isn't needed
anymore.

I also checked the various grids for the gas stop-tap outside the
building and couldn't find one, yet another reason to assume there
wasn't any gas supply present to the building.

I was also working under instruction from the building owner or
tenant who specifically stated the position he wanted the charger,
maybe the claim should be against that person and not me.

Lastly I wish to reiterate that for this claim to be successful
there needs to be negligence on the part of myself and for the
various reasons stated above I don't believe there is and on that
basis I ask that the claim is struck out."




13
Private parking tickets / Re: Court Claim by Euro Parking Services
« on: November 07, 2024, 05:57:51 pm »
Thanks for the help, I've sent off the documents to that relevant email address and had an auto reply saying thankyou for emailing the claims responses team so they've got the documents.

do I have to do anything with the MCOL bit now, that's where I filed the AOS.

The solicitors are Gladstones BTW.

Also I don't have to send a copy of those documents to EPS as well do I?

14
Private parking tickets / Re: Court Claim by Euro Parking Services
« on: November 06, 2024, 06:42:00 am »
Hi, thanks for the reply, the court claim issue date was 8/10/2024 and I filled the AOS on 24/10/2024

Is the defence in this thread ok to use?

https://www.ftla.uk/private-parking-tickets/need-help-creating-defence-for-the-county-court-claim-(if-any)/?PHPSESSID=e6vqamgvpifd3ctvpdbfuspinf

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Private parking tickets / Court Claim by Euro Parking Services
« on: November 05, 2024, 05:17:07 pm »
Hi, I got a claim form through a few weeks ago from EPS Ltd for a stay of around 70 seconds by my vehicle. I am the registered keeper.

I did get the various letters at the time but I cant currently locate them, they are about somewhere though. I haven't so far responded to any letters at any time apart from doing the acknowledgment of service with the court, the defence has to be in by the 7th November.

This is the place where the "incident took place", the reviews are just terrible for it. Surely they cant have a valid claim for just 70 seconds or so.


https://www.google.co.uk/maps/place/Sandgate+Service+Station/@53.457969,-2.3563189,112m/data=!3m1!1e3!4m6!3m5!1s0x487baea8bd0ab6c5:0xe68483bb2b724877!8m2!3d53.4581268!4d-2.3556407!16s%2Fg%2F1hc17lk41!5m1!1e1?entry=ttu&g_ep=EgoyMDI0MTAyOS4wIKXMDSoASAFQAw%3D%3D

If I cant find the original letters is it possible to get a copy of them from the claimant, I take it they will use them as evidence if it gets that far.

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