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  • FIRST POST
    • WinWin
    • By WinWin 23rd Aug 17, 9:50 AM
    • 44Posts
    • 7Thanks
    WinWin
    Court Claim PCN
    • #1
    • 23rd Aug 17, 9:50 AM
    Court Claim PCN 23rd Aug 17 at 9:50 AM
    Hi all, newbie here. I have been reading the informative threads here. thank you.

    I have acknowledged receipt of service with MCOL. (Private land PCN) Would like some info in laymens terms re defence on keeper liability or possible other defence avenues. if anyone could direct me or better, private message. thank you
Page 3
    • WinWin
    • By WinWin 2nd Oct 17, 9:25 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    I have received no DQ yet. I know thread says to download but not sure whether to wait for postal copy or not? Their letter dated over a week ago
    • WinWin
    • By WinWin 2nd Oct 17, 9:46 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    Urgent help please
    Can anyone advise please.

    I have downloaded DQ, not sure what court to enter the box top of front page 'In the ......County Court'. Will it be the one in Gladstones DQ?

    Thank you for your comments
    • WinWin
    • By WinWin 2nd Oct 17, 10:23 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    Can I email N180?
    is it ok to email N180 to Northampton and Gladstones?
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 10:28 AM
    • 53,942 Posts
    • 67,613 Thanks
    Coupon-mad
    Will it be the one in Gladstones DQ?
    No but what did they put?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • WinWin
    • By WinWin 2nd Oct 17, 10:37 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    county court bulk centre
    • WinWin
    • By WinWin 2nd Oct 17, 10:39 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    do i just add county court business centre as original claim form?
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 11:28 AM
    • 53,942 Posts
    • 67,613 Thanks
    Coupon-mad
    Pretty sure bargepole explains all this in his post about what happens when (in the NEWBIES thread).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • WinWin
    • By WinWin 3rd Oct 17, 10:23 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    Anyone know if I can use electronic signature for DQ?
    • Lamilad
    • By Lamilad 3rd Oct 17, 12:22 PM
    • 1,294 Posts
    • 2,562 Thanks
    Lamilad
    Anyone know if I can use electronic signature for DQ?
    Originally posted by WinWin
    Yes, this is allowed by CPR 5.3 and PD 5A.
    • WinWin
    • By WinWin 27th Jan 18, 5:27 PM
    • 44 Posts
    • 7 Thanks
    WinWin
    Hi

    Its been a while because of Christmas. Thank you to all have assisted me so far, its much appreciated.

    I have now received Notice of Allocation to Small Claims Track (Hearing) and Gladstones witness statement, which includes:

    The Agreement authorising them to manage parking on the relevant land
    The Sign(ie, the contract)
    Notices
    The Site Plan
    Photographs of the incident

    The defendant is liable for a parking charge relating to the parking of a vehicle on the relevant land in a manner so as to incur the same pursuant to the contract(ie, The Sign), they then set out the details of date, where and that this was an overstay.

    Their defence

    The defendant avers they were not driving the vehicle at the time of the parking incident.

    They then state, The criminal case of Elliott v Loak 1983 Crim LR 36 held that the Registered Keeper of a vehicle may be presumed to have been the driver unless they sufficiently rebut this presumption.

    How does one 'sufficiently rebut this?

    they include evidence of payment for parking and state the allotted time and state their charge is issued correctly as was overstay.

    There is quite a bit more, is it worth me adding a photo of their defence?
    • WinWin
    • By WinWin 27th Jan 18, 5:33 PM
    • 44 Posts
    • 7 Thanks
    WinWin
    they also say:

    Despite having ample opportunity to do so the Defendant failed to identify the driver either adequately or all. The Court is therefore invited to conclude it more likely than not that the Registered Keeper(ie, the Defendant) was the driver.
    • Coupon-mad
    • By Coupon-mad 27th Jan 18, 5:50 PM
    • 53,942 Posts
    • 67,613 Thanks
    Coupon-mad
    they also say:

    Despite having ample opportunity to do so the Defendant failed to identify the driver either adequately or all. The Court is therefore invited to conclude it more likely than not that the Registered Keeper(ie, the Defendant) was the driver.
    Originally posted by WinWin
    They always say that, it's not true. You will hopefully know to rebut that with the words of Henry Greenslade. Easy peasy.

    Are you in time to do your own WS, going by the letter from the court that gave the hearing date?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • WinWin
    • By WinWin 27th Jan 18, 6:03 PM
    • 44 Posts
    • 7 Thanks
    WinWin
    Hi Coupon-mad

    Yes in time. Just rather a long defense from them. Thank you, I will have a read
    • Coupon-mad
    • By Coupon-mad 27th Jan 18, 6:07 PM
    • 53,942 Posts
    • 67,613 Thanks
    Coupon-mad
    You will probably find a WS already written that might suit adapting, by searching the forum for:

    Greenslade Witness Statement
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Lamilad
    • By Lamilad 28th Jan 18, 9:41 AM
    • 1,294 Posts
    • 2,562 Thanks
    Lamilad
    It's not their "defence" it's a witness statement. Post it up here via a Dropbox link or similar.

    I'm guessing you haven't got long to get your own WS in?
    • WinWin
    • By WinWin 28th Jan 18, 11:39 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    hearing is early March and it says WS two weeks prior at the latest.

    Hope I got this right. Allocation notice says:

    To prepare for the hearing IT IS ORDERED THAT:

    Each party must deliver to every other party and to the court office copies of all documents(including any experts reports) on which they intend to rely at the hearing no later than 14 days before the hearing.

    Does that mean I got till mid Feb to get WS to court and claimant?
    • WinWin
    • By WinWin 28th Jan 18, 11:43 AM
    • 44 Posts
    • 7 Thanks
    WinWin
    Lamilad : Can I attach with Outlook OneDrive?
    • KeithP
    • By KeithP 28th Jan 18, 1:47 PM
    • 5,624 Posts
    • 4,316 Thanks
    KeithP
    Can I attach with Outlook OneDrive?
    Originally posted by WinWin
    Host it where you like, except photobucket, then post a link here.
    .
    • WinWin
    • By WinWin 3rd Feb 18, 9:34 PM
    • 44 Posts
    • 7 Thanks
    WinWin
    Hi

    Here is the link to my Gladstones Witness Statement

    pix.sfly.com/6cHYDPDk

    I did send a request for further information which I received no response(they are claiming they never received) and alledge keeper liability

    Hoping your can give me some pointers

    Many thanks
    • WinWin
    • By WinWin 3rd Feb 18, 9:35 PM
    • 44 Posts
    • 7 Thanks
    WinWin
    sorry, meant WS from them
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