1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

claxtome · 30 September 2017 at 7:51AM

Lamilad thanks.
I have amended the original post - added a heading worded as you suggested.
I am little unsure if that is acceptable?

Lamilad · 30 September 2017 at 9:22AM

If what is acceptable?.... The WP heading?

Loadsofchildren123 · 30 September 2017 at 10:56AM

It's fine now. Send it!!

claxtome · 30 September 2017 at 11:48AM

I take it is best to email it?
(Or post it)

Coupon-mad · 30 September 2017 at 12:44PM

I'd do both, you have time. Easier for you if they discontinue, so it's worth a stamp.

That way you can also include a photocopy of the other poster's signed WS (and file a copy with the court now too), so that no-one can say they haven't seen it.

claxtome · 30 September 2017 at 9:32PM

Thanks for the advice CM.
Didn't think of sending Kezza's WS with 'drop hands' offer.

Can anyone help with suggestions for what Kezza15 should cover in her WS for my case.

The main things I think are:
Lack of signage travelling from council part to private part
Lack of rubble 2 months after my 'parking day' and now there being some.
Fence being seen on her 'parking day' looking new
All basically showing the need for demarcation and how there wasn't before but is now.

Anything else except:
My court case number
My name
Similar to any other WS in terms of start and finish

?

[Deleted User] · 30 September 2017 at 9:53PM

It needs to be her account of the car park and what she saw entering and leaving the car park.

If she has revisited and has seen the rubble she can say that. She should not be commenting on your case (but can say that her case came before the court and a finding of fact was made that no PPC signs were visible at all.)

This is, in short, what is known as similar fact evidence.

IMHO your drop hands letter is a bit wordy - I'd have just kept it to the offer and a statement that the claim lacks merits. Nevertheless the key is to have sent it.

A judge may refuse the additional statement - it is late and your witness ain't present. But if the PPC aren't turning up with a witness, you may be more likely to sneak it in.

claxtome · 30 September 2017 at 10:49PM

Thanks Johnersh
I have not sent my drop hands offer yet as waiting for Kezza15's witness statement to go with it as per CM suggestion.

Most of the wording came from manutd99 drop hands offer.
How about changing wording of 'drop hands' to->

Without Prejudice, Save as to Costs
To whom it may concern

I am writing in regards to Claim Number XXXXXX, PCN Number XXXXXXXX which goes to court on Thursday XXXX October.

For YY days only from the date of this letter I am prepared to accept a 'drop hands' arrangement to settle the case and save court time in unnecessarily dealing with this. Please respond by nnth October 5PM after which I will be pursuing punitive costs at the hearing.

The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

I am aware of your recent court appearance Claim number D4GF90W8 at St Helens Court last Friday, a very similar case in the same car park, which was dismissed by the Judge and can show this claim lacks merits too.

If we are unable to resolve this via a 'drop hands' arrangement, I will be seeking a punitive cost order against the claimant. Already my costs amount to £97.46 (as per the attached schedule), but I will be seeking further costs in view of the claimant's evident unreasonableness in pursuing me pursuant to CPR Part 27.14 (2) (d) (e) (g) as per below

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

claxtome · 30 September 2017 at 10:55PM

How does she start her witness statement is it like my WS statement with Claim number, defendant, claimant etc ?
Such as:

In the XXX Court
Claim number: <my claim number>
Xxxxxx (Claimant)
Vs
Xxxxxx (Defendant)

I am <Kezza16> and would like to say ......

[Deleted User] · 1 October 2017 at 7:18AM

Something more like the below. No need to write out what the CPR says, they can look it up too!

Without prejudice save as to costs

Previous correspondence refers. The claimants case is unlikely to succeed. I refer to the judgment against your client on [date] upon which the court found the signage at the location to be misleading and declined to find that any contract had been established. I enclose a witness statement from the driver in that matter. Her evidence is similar to my own.

In the circumstances, the Claimant is invited to withdraw his claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 7 days from the date of this letter.

The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27

1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

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