Thanks to parking prankster...

torontoboy45

...And his ebook* (well-recommended) I'm getting more confident about winning my upcoming cc case with PE.

Looking through the reams of 'evidence' PE has provided I spotted this:

please note that, according to Civil Procedure Rules 1998, a document, other than a claim form, which is sent by First Class Post, shall be deemed to be served on the second day after it was posted, left with, delivered to or collected by the relevant service
provider provided that day is a business day; or if not, the next business day after that.


Interesting. It appears that PE won't be required to provide evidence of proof of posting on the big day. (Useful as well, given that I rec'd nothing from them between 'ticket' and court papers).

Am I right in thinking the above?

I wrote to PE via snail mail, appealing the 'claim' and heard nothing. Will the law be as equally generous to me?

*would normally avoid cluttering the board but my PC is sick and I can't access prankster's ebook from my iPad for some reason.

spacey2012

Concentrate entirely on your defence case, this will be heard in the bear pit and once the judge says the case will be heard no amount of pontifications over civil procedure rules will stop it.

The Civil procedure rules are not law, just a set of guidelines to help claimants.
Parking eye break them every time and every case they bring gets heard.
Much pontification was made of these rules and not once have they stopped a parking eye case going to court.
Introduce the lack of procedure as a low point but read the pranksters guide carefully and build a robust defence of locus standi +GPEOL + perjured witness testament statements, show actual operating costs, ask how you are party to a contract they refuse to show and how this conveys to you when you have never even seen it, make no admission been at the site unless you fouled up in your appeal which most do, ask them to demonstrate how the ANPR works, ask the judge should it be VCA accredited for use in evidence.
state you require the tape/ hard disk of the whole period of evidence to be produced and shown in court in full to rule out double dipping (this puts it over 3 hours and increases parking eyes costs substantially), incorrect signage, no rights off assertion and audience to act on land they do not own on behalf of landowner(has won before) and any other points that have won doing the rounds.

Give them the full hog, make it take over 3 hours, state it will , it is their money.

Coupon-mad

Have you got a hearing date yet and remind us which area please? Is anyone on pepipoo helping you?

spacey2012

PS put in for £90 loss of earning expenses, take a friend as a lay representative and put them down for £90 as well.

bod1467

Just to answer the specific question you asked - yes, it is correct. The Interpretations Act 1978 refers. And it applies equally to yourself.

However unless there is a certificate of posting for each alleged item of communication then that statement is irrelevant as there'd be no proof the items were posted anyway.

torontoboy45

Coupon-mad wrote: »

Have you got a hearing date yet and remind us which area please? Is anyone on pepipoo helping you?

Due next month (without being specific) at Northampton.

On a point of interest: any idea on how many 'no-shows' PE have managed recently? The number must be up, in view of the increased flurry of cc actions.

Coupon-mad

No they usually show up (a Solicitor) if a date is allocated.

torontoboy45

spacey2012 wrote: »

Concentrate entirely on your defence case, this will be heard in the bear pit and once the judge says the case will be heard no amount of pontifications over civil procedure rules will stop it.

The Civil procedure rules are not law, just a set of guidelines to help claimants.
Parking eye break them every time and every case they bring gets heard.
Much pontification was made of these rules and not once have they stopped a parking eye case going to court.
Introduce the lack of procedure as a low point but read the pranksters guide carefully and build a robust defence of locus standi +GPEOL + perjured witness testament statements, show actual operating costs, ask how you are party to a contract they refuse to show and how this conveys to you when you have never even seen it, make no admission been at the site unless you fouled up in your appeal which most do, ask them to demonstrate how the ANPR works, ask the judge should it be VCA accredited for use in evidence.
state you require the tape/ hard disk of the whole period of evidence to be produced and shown in court in full to rule out double dipping (this puts it over 3 hours and increases parking eyes costs substantially), incorrect signage, no rights off assertion and audience to act on land they do not own on behalf of landowner(has won before) and any other points that have won doing the rounds.

Give them the full hog, make it take over 3 hours, state it will , it is their money.

Thanks for that. I'll be calling by pranksters book soon.

On the matter of Witness Statement: signed off on behalf of the landholder with a date considerably after the date of the alleged breach!

spacey2012

Do you live in the Northampton area ? as they are usually sent out to your local court.
But be aware, they always usually turn up and any arguments over civil procedures have stopped nothing .
The only thing that has worked is a strong robust defence.
That and they use wet behind the ears agency solicitors who can not get a real job.

torontoboy45

bod1467 wrote: »

Just to answer the specific question you asked - yes, it is correct. The Interpretations Act 1978 refers. And it applies equally to yourself.

However unless there is a certificate of posting for each alleged item of communication then that statement is irrelevant as there'd be no proof the items were posted anyway.

But the clause contained within the procedure suggests a presumption of delivery.

If true, PE must be grateful for a tool that enables them to keep a lid on postage costs.

Every little helps.

spacey2012

torontoboy45 wrote: »

Thanks for that. I'll be calling by pranksters book soon.

On the matter of Witness Statement: signed off on behalf of the landholder with a date considerably after the date of the alleged breach!

Then this needs to be copied and listed on the defence documents as an "exhibit", you will need to explain to the court the dependencies, as the solicitor should have a copy (it is their evidence after all ), you do not have to give them one.