County Court letter from a UKPC fine

Redx

this is a civil case so nobody is being prosecuted

Coupon-mad

Anthony94 wrote: »

I can do this all tonight and have it sent by tomorrow morning... 14 days before my court hearing hasnt arrived yet.

My skeleton defence is my defence to fight against them [STRIKE]to why I think I shouldnt be prosecuted[/STRIKE]. Correct? Could I gather everything I made from PART 18 and First Defence into one defence and use it?

Yes.

You can't add brand new wholly different defence points but you can expand on the initial defence points you made already (reiterating EVERY point, don't drop any!). You had several points so re-read it and open up that document and add some more detail, numbering each paragrpah and re-hashing it as double-line spaced, to make it very easy for the Judge to read when you might hand over a page at the hearing (where you take three copies of the entire defence with you, all nicely numbered and sorted).

As Redx says, you are not being prosecuted, for goodness sake! This is a little bit like Judge Rinder (only not on TV and without the quips) with one side saying 'oi, he owes us money' and you staying calm and saying 'no I don't/where is your evidence of clear signs, a contract, compliance with the POFA, legitimate interest (PE v Beavis style)...etc. I am not liable for the original charge and nor can I be held liable for the arbitrary admin fee additions which were never agreed by the driver(s).'

For example you've noticed specific issues with the photo 'evidence'. Good, that's the sort of thing you can use in your expended defence, get this done now. Things like the £100 not being in large lettering sets it at odds with the Beavis signage which is a really simple, non-legalese thing for any defendant to show.

Quite simply, you can include as part of your evidence, at the hearing when talking about the signs, hold up an A4 sheet of the Beavis sign:

http://parking-prankster.blogspot.co.uk/2016/01/new-popla-staying-cases-to-consider.html

and compare and contrast its simplicity and clarity (hrmmmmpppphhhh!) with the claimant's worst picture of a sign. Have the Beavis decision printed out too, you can use the Judges' words in your favour about clear and prominent signs being required.

Yes the pictures they sent me are very poorly taken. Some of them are just a dark background with just a date from the camera. My license plate is blurred out and its hardly visible to prove it is my car ([STRIKE]even though I know it is).[/STRIKE] The £100 isn't in LARGE writting.

Could I add all of this in my witness statement?

No, not in the witness statement. It's clearly part of your defence isn't it?! I've shown you what a basic witness statement is, just a sheet. The defence is the detail.

The photos they taken and the sign. I can't much think about the anything else wrong with the sign other than that.

Show us the sign please.

Anthony94

Coupon-mad wrote: »

Yes. Show us the sign please.

Here it is, im sending it off today

https://postimg.org/image/gupb16ot9/

Anthony94

I'm struggling what to include in the witness statement. Could someone help...I have read bargepole but I couldn't find much help from it. I'm not sure what to include as a statement.

Coupon-mad

The BMPA link showed you an example did it not? VERY simple facts, not your 'defence'.

Coupon-mad

Anthony94 wrote: »

Here it is, im sending it off today

https://postimg.org/image/gupb16ot9/

Add to your defence point on signs that no licence is offered by the sign that allows 'unauthorised' drivers to park so this can only be a trespass matter, for the landowner. Unlike in ParkingEye v Beavis, there is no contract offered. Cite this case number and court/date/detail:

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

Tells you how to argue that point, at the hearing.

Have a look at Sam84 and Bobby2k2's threads, they are at the same stage as you and Bobby2k has already sent his stuff off ages ago.

Anthony94

Coupon-mad wrote: »

Add to your defence point on signs that no licence is offered by the sign that allows 'unauthorised' drivers to park so this can only be a trespass matter, for the landowner. Unlike in ParkingEye v Beavis, there is no contract offered. Cite this case number and court/date/detail:

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

Tells you how to argue that point, at the hearing.

Have a look at Sam84 and Bobby2k2's threads, they are at the same stage as you and Bobby2k has already sent his stuff off ages ago.

Thank you, I saw Bobby 2K2 thread, it helped a lot. I'll soon be ready to send off my witness statement for today. Do I also send the defence with it or keep hold of that till the day of the hearing?

Quentin

Anthony94 wrote: »

Do I also send the defence with it or keep hold of that till the day of the hearing?

You will have been told the procedure by the court when they sent you details of the hearing.


You need to send copies to the court and the claimant in advance!

Anthony94

Thank you for your help

Anthony94

With my court date fast approaching. Any guidance of what I should challenge them with. I have all my statements in my defence and then the PART 18. Also I have gathered the articles many people have said I should bring to the judge.

Is there anything i should be careful of. Never been through this before.