PE Practice Direction

senenity

I have a court date with PE and am about to send in my final defence statement...after much very interesting reading on this site I have discovered a distinct lack of any document/letter resembling LBA/LBCCA in all the copy documents PE have sent or indeed that I was sent originally. So am I right in saying that not only have they not been P.D compliant with lack of information in respect of the criteria they must provide with the LBA/LBCCA they have not even issued one in the first place!..Should my letter to the court suggest the case to be struck out as very basic procedures have not even been met?

Advice would be most welcome

Coupon-mad

Yes, I am pretty sure one of the links I gave this poster earlier today covers it, as I attached plenty of thread links including from zzzLazyDaisy on this same point:

https://forums.moneysavingexpert.com/discussion/comment/63636794#Comment_63636794

HTH

senenity

I wrote to the courts requesting a disclosure of documents from PE to show they have the relevant proof they can persue this claim in court only to receive the reply from the judge ' Please advise the Defendant that the Court can only deal with this by way of an appropriate application supported by evidence and the appropriate fee' wich is £80.

Surely the case is dependant on this vital piece of info which PE haven't provided.

I'm not going to pay them of course...

Any advice from Daisy? Thanks

senenity

So should I have to pay the fee or do you think PE will have all the docs in their bundle? Any help please

Coupon-mad

I would say PE 'should' produce everything in their bundle and if not you could raise it in your fuller defence if it goes to a hearing. Certainly you want the landowner contract in the evidence (say that recent decisions in PE v Sharma and PE v Walkden are your persuasive cases as to why you need the contract). And this case, (claim no. 3JD04522) ParkingEye v Byrne which was dropped like a hot potato when irregularities with witness statements were exposed to the landowner:

https://forums.moneysavingexpert.com/discussion/4812058

And say that you will strongly object to, and expose any flaws with, a 'landowner witness statement saying there is a contract' so you could write to PE now and firmly tell them that's the stance you will take if they proceed. And contact the landowner in your own case (even if already complained to) and ask whether they know about the ParkingEye/Colliers debacle (enlighten them) and whether they have ben caught up by PE with signing a template/undated witness statement too.

Unless anyone suggests differently...

senenity

Thanks for that...I'll let you know the outcome. loads of new info to be included in the defence which I wasn't aware of earlier....

I have a witness statement that is signed in the same handwriting as that on one of 'Prankster's blogs' I would happily send it over, but don't know how to for him to compare details etc. If anyone would be able to show me what to do I would happily sent it over.....

bod1467

Scan it and email it to him at prankster at parking-prankster.com. (Replace at with @ and remove spaces).

Parking-Prankster

I have PM'd you. Please send me a copy to add to my growing bad of goodies (or baddies)

Coupon-mad

Parking-Prankster wrote: »

I have PM'd you. Please send me a copy to add to my growing bad of goodies (or baddies)

PP has offered more help on his website blog now, senenity:

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html