PCN confusion

lovelylouca

Ha - spotted that I'm missing a para 5!:eek:

I plan to email my WS and evidence tonight. Do I need to attach the full version of the IPC Code of Conduct? I'm concerned this will make the email too big. Should I just try and create a zipped file and put everything in in its entirety?

Coupon-mad

You don't need to include the entire IPC code of conduct, just a screen shot of the page you want would do for this stage. Then take the whole IPC CoP with you on the day of the Hearing.

With this point I assume it's the Beavis case sign or Combined Parking Solutions sign (by way of comparison) but you have not made it clear:

7. (Exhibit 7 – Sign offering a contract). A clear marked sign is shown by this sign offering a contract.

It needs to state so the Judge knows, this is not from this location or this Claimant but is used in evidence to demonstrate, by way of contrast, a clear sign which does offer a contract. Unlike the one used by the claimant with high/obscured positioning and the 'parking charge' buried in such woeful small print that a driver cannot be said to be bound by it, and certainly could not have agreed to any terms as they were illegible.

lovelylouca

Thanks Coupon-mad. Court date is Weds but I still haven't received any evidence from GS. Should I ask the judge to consider striking this out as a preliminary matter?

Coupon-mad

lovelylouca wrote: »

Thanks Coupon-mad. Court date is Weds but I still haven't received any evidence from GS. Should I ask the judge to consider striking this out as a preliminary matter?

Absolutely yes, raise two preliminary matters from the kick off:

- Question the Right of Audience of the rep who rocks up. Read this blog:

http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html

Learn from that, the defendant should have attacked the rep's Rights of Audience and he might have found the rep had no such Rights and could not even speak at the hearing. See 'Prankster's Notes' for the Law Gazette and case law to have to show to Judge to ask them to consider that matter first.

- Secondly, state that you have received no WS or evidence at all from Gladstones who were conducting this case and feel the case should be struck out as all you have seen is their incoherent and brief particulars, how is that fair for you to defend?

And take your costs schedule to the hearing and claim your costs for lost wages/leave, your travel, parking(!) if you win. Ask ON THE SPOT!:

https://forums.moneysavingexpert.com/discussion/comment/72079752#Comment_72079752

You CAN claim loss of leave but some Judges do not know this, so have this up your sleeve in your notes in your 'costs schedule': ''27.14.2(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''

P.S. take proof that YOU EMAILED the WS and evidence that you prepared, in Feb. They might pretend they didn't get yours either & the courts sometimes lose their copy! Be ready to prove you did everything right. Have an extra copy of everything with you, to appear an honest, well prepared and upstanding witness.

DO NOT talk to the rep outside!! ''no thanks, I have nothing to say except in front of the Judge''.

DO NOT accept any papers from them outside! ''no thanks''. Let it drop to the floor if they try to foist a WS at you, walk away calmly.

lovelylouca

Thanks CM - it's great to have you in my corner! That's a brilliant checklist. Will let you all know how I get on.

Guys_Dad

Also, do not enter into discussion with other side or accept any papers before hearing.

lovelylouca

Update: I rang the court this morning as I'd read another poster on here had done, to log that I'd received no WD or evidence bundle. They confirmed they hadn't received anything. I asked what this meant for the case - were they still intending on turning up? The clerk checked and said "oh, it looks like this has been discontinued - ring the other party to check". I did so and GS confirmed it has been discontinued - they apparently sent an email to confirm this, but if they did it was written in invisible ink.


So I've learned a lot in the past year. I will be encouraging friends to take a stand and not to stress over it. Thank you to everyone who's taken time to read and post, especially to you Coupon-Mad. Thank you for going above and beyond to help navigate people through this quagmire of stressful, predatory scamming.

lovelylouca

Update: I rang the court this morning as I'd read another poster on here had done, to log that I'd received no WS or evidence bundle. They confirmed they hadn't received anything. I asked what this meant for the case - were they still intending on turning up? The clerk checked and said "oh, it looks like this has been discontinued - ring the other party to check". I did so and GS confirmed it has been discontinued - they apparently sent an email to confirm this, but if they did it was written in invisible ink.


So I've learned a lot in the past year. I will be encouraging friends to take a stand. Thank you to everyone who's taken time to read and post, especially to you Coupon-Mad. Thank you for going above and beyond to help navigate people through this quagmire of bogus, unfair parking charges. :beer:

safarmuk

When was your court date and do you have an official letter of discontinuance? I would push to get one, in writing.

Great news though.

Coupon-mad

Fantastic!