Author Topic: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd  (Read 12068 times)

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Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #30 on: »
You will be given a date for your “mediation”:phone call. It does not involve any judge or lawyers. The mediator is not even legally trained. You offer £0 and it is all over in minutes. If the mediator tries to persuade you to accept their offer with any hint of a suggestion that your case is weak, you tell them that you object to their interference and you will be making a complaint about them.

The outcome of the mediation has no effect on anything going forwards if an agreement is not reached. Your only obligation is to “attend” the call.

The most likely next step will be allocation to your local county court. MCOL plays no further part after this.

A case management judge will review the case and issue directions.

It could be months before you hear anything else. It depends on how backlogged the court is.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #31 on: »
Great, Thx!! Is it certain that this case would go to the court? Or at what point could claimant make a judicious decision of dropping the case.

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #32 on: »
They invariably discontinue before they have to pay the trial fee. They are hoping that you will cave in and pay up out of fear of the litigation process.

Most people are very gullible because they have no idea of the civil litigation process. They imagine Rumple of the Bailey with wigs and robes. It's nothing of the sort. Here is a short video of the process and it is highly doubtful it would ever reach that stage:

https://youtu.be/n93eoaxhzpU?feature=shared
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #33 on: »
An update: Had an arbitration call. I informed the mediator that I intend to continue to contest the case. The mediator told me that it would take 7-8 months for me to hear back from the court. Can you please let me know what would be the next steps + timeline. I don't want to be in a situation when they write me, but I for some unforeseen reasons (travelling for example..) miss the correspondence.
 

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #34 on: »
The next stage is when you receive "directions" from a case management judge. They will review the claim and send to both a parties a date for the hearing with a deadline for filing your Witness Statement (WS). Normally that is no later than 14 days before the hearing date.

However, the judge may order the claim to be struck out or for either party to submit further particulars. In this case, there is a high likelihood that the case will be struck out due to the the dismal PoC which are woefully inadequate.

When you submitted your N180DQ, did you block off any dates in the next 6 months where you would not be available, going on holiday, for example? If no hearing is assigned within the next 6 months and something comes up where you know you will not be available, you can wrote to the court and let them know the dates you would not be available.

Which court?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #35 on: »
Thanks. I didn't block any dates on N180DQ. I requested for assignment of the case to a local court. However, I am not sure which court the case has been assigned to.


Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #36 on: »
It should be assigned to your local court and you'll know for sure when you receive the case management order.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #37 on: »
My case has been assigned to my local court. I have received assignment letter, but nothing else. Is there a way to track the case? I don't want to miss out on communication just in case I am travelling or something.

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #38 on: »
...or whether Private Parking Solution have decided to not puruse the case further.

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #39 on: »
Please show us the letter you received.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #40 on: »
Received
1. General form of Judgement or Order form from Court
2. Solicitors' DEF Further PoC.

Both are attached in the next post

Seems like the riveting drama is inching towards its finale.

What are the next recommended steps? Is the case definitely going to a court hearing or PPS can still back down?

My assertion as always been that I was hardly in there (less than a minute) to be constitute a parking. Came across the following link on the topic with judgement against who else but PPS.

https://www.contestorlegal.co.uk/blog-3/unparalleled-legal-victory-defining-the-true-meaning-of-parking#:~:text=To%20leave%20a%20vehicle%20in,perhaps%20coping%20with%20some%20vicissitude


Would be great to get further direction.
« Last Edit: February 13, 2025, 02:33:53 pm by GrowthHacker »

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #41 on: »
The files are attached here.

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Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #42 on: »
Why have you deleted the original claim form? Are PPS still being represented by Gladstones?

The DJ ordered PPS to serve further PoC by 18th February, which they have compiled with. You now have until 18th March to submit an amended defence. I will review the PoC they have submitted and once I have had a chance to carefully review them, I will come back with your amended defence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #43 on: »
You'll be on this no doubt b789, but whilst it's popped into my head, Brennan v Premier Parking (2023) is potentially of relevance here, alongside other points.

Re: Court Claim/Parking Charge Notice- Private Parking Solutions Ltd
« Reply #44 on: »
So many flaws in their PoC... to name but a few:

• NtK is not PoFA compliant... no Keeper liability.
• Reference to the PPSCoP "27th June 2024". The PPSCoP did not come into effect until 1st October 2024!
• No mention of additional £70 on the signs nor on the NtK.
• No calculation of the interest claimed or from what date it started and to what date the sum refers.
• SoT is signed by a paralegal. The signature does not include the required wording confirming that the paralegal is acting under the authority of the claimant.
• No evidence of the failure to display a Blue Badge.
• "If after 29 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, blah blah" is not PoFA compliant.
• Only photographic evidence of vehicle stationary for 2 minutes.
• Redactions on the contract. No indication whether the redacted person is the Landowner/Leaseholder or their agent.
• Job title of signatory redacted. (Please don't tell me that the OP has made those redactions!!!!)

I could go on but I need more time to check.

OP, can you go back to the location and check that there are signs at the location they indicate on the plan? At which of those bays was the vehicle parked?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain