NWCP Car Parks PCN - Over 28 days

Coupon-mad wrote: »

Presumably you have a court date now, and a deadline to file your Witness Statement and evidence?

Did you see this, unless this was your case?

http://parking-prankster.blogspot.co.uk/2017/06/nw-car-park-golden-duck-in-first-court.html

Thanks. Just read. It wasn't my case. I received a letter from the court saying they had struck out the case as they had not submitted any paperwork. Have seen several of these with a same judge (Judge Anson) doing same letter for other cases. Have found copy of letter from parking prankster website (not my letter)

https://www.dropbox.com/s/nhzp55x6viq8jkr/struck%20out.jpg?dl=0

They had until a certain date to submit the contract and explanation of how charges arose with statement and signature by end of June. It also said once they have submitted I will be given a chance to submit another defence

They provided the information within a couple of days with statement of truth and signature.

The documents included were pictures of car, letters sent to me asking for payment and copy of contract (post 23) I posted in one of earlier posts.

Their statement was a timeline of events, information and arguments related to my Defence.

Just a couple things I want to point out and want opinions on weather its relevant or not to help my case.

1) The statement of truth has a signature and besides the signature it says (on behalf of NW Car Parks LTD). Name of person who signed is not present. It is dated.

Is this something to go by? Is the name of person a requirement?

2) The contract (post 23) refers to land at the back of church street. There is no reference or outline of this land. The land could be any land.

3) If you check my post where I can posted the contract (post 23) it had 3 pages. Page 3 is clause 7. I have only just noticed page 3 was not included in the pack. I did not notice at the time therefore unsure if it has been mis-placed and have received. Guessing this is crucial. If they have not submitted the full contract and page 3 has not been submitted I presume this could go in my favour unless they bring to court. Please advise what this means to me. I could mention in an amended defence.

I am yet to receive any further correspondence therefore no court date and no correspondence asking for a new defence.

Going by the court case above it seems they will attend court. Yes they lost as they did not submit a witness statement. They will now be prepared so doubt they will make the same mistake again.

Was hoping and still hope it doesn't go to court as playing on my mind too much at present.

Coupon-mad wrote: »

Great.

I would write to Judge Anson and ask if the case remains struck out, since:

1) The statement of truth has a signature and besides the signature it says (on behalf of NW Car Parks LTD). Name of person who signed is not presented, so the statement of truth has not been signed by a legal person.

2) The contract refers to land at the back of church street. There is no reference or outline of this land. The land could be any land and there is no evidence of where the car was parked, the vague photos showing no valid information giving rise to a claim in law.

3) It appears they have not submitted the full contract with the landowner.*


* be vague

Do I just write a letter as I would write a letter to someone or will need it need to be in a particular/special/legal format?

Do I keep the letter simple as per above? You say vague. shall I write page 2 of the contract refers to clause 7 but I do not see a clause 7 as obviously I'm sure your referring to vague as not mentioning there is a page 3.

Coupon-mad wrote: »

Just a normal letter with the claim number at the top and marked for the personal attention of DJ Anson.



Yes, that sounds reasonable.

Completely forgot to write this letter. Just slipped my mind.

Received a letter from the court. Says the following edited to make it shorter

District Judge Anson has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

Unless the claimant does by 1st Sept pay the court fees (£25) or file a properly completed application (ie one which provides all the required information in the manner requested) the claim will be struck out with effect from 1st September without further order and, unless the court otherwise, you will also be liable for the costs which the defendant has incurred.

The hearing of the claim will take place on 29th September.


Can I still write letter above or have I left it too late? Presume they will pay fees and potentially have to go to court