PCM Ticket whilst parked outside a friends house visiting, do i pay?

DoaM

Coupon-mad wrote: »

utmost...

IMHO, 'upmost' is as bad as typing curb instead of kerb!

Perhaps you should kerb your enthusiasm for correcting grammatical errors?


Deliberate misuse.

infernouk

Johnersh wrote: »

Looking again at the contract, it says date of original instruction it is confirmation of an agreement - not the agreement. Where is the original contract? Insofar as it goes, do lots of Google searches as it's a goldmine with this...

1. Anne Wicklow was sales director. I doubt that constitutes a controlling mind of a big contractor like bovis. Was she authorised to sign a contract on behalf of Bovis Homes? Did the parking company check that authority?

2. There is no company number. Which Bovis Homes does authorise them - there are several? The registered office address of the company isnt used - it ain't the one in that document and (AFAIK never has been).

3. Bovis Homes (Central Division) no longer exists, having been sub divided into smaller regions in c.2015. Arguably the contract is therefore terminated on the basis that the contracting authority has ceased to exist and it doesn't name successors in title.

It's niceties like this that a contract make. I don't think what we have works as a contract or reflects whatever terms might originally have been agreed. I can't pretend a DJ couldn't simply take a view against you, but I think there's enough here to question the whole parking scheme.

PPCs would be content to disclose contracts if they could actually sort out their entitlement to charge. They should be able to. In many cases it seems they can't.

Thanks for all this, unfortunately once again I sent what was in my post as there were no responses to the thread before I went to bed!

I’ll wait and see if I get a response and handle that, if no response do I just collate all you have said above and bring that in the day? It seems a little late to be digging up new Information 4 days before the hearing and having to post it around?

Molts

And do not forget this is just one round in a full magazine of ammunition you have to defend with so make sure you spend adequate time on your most likely winning defence point(s). This one is good but could easily be overlooked/considered not relevant by the DJ lottery...

[Deleted User]

Amen to that. You cannot know in advance what your best argument will be. I'd still write to the Claimant to ask them to explain the position. You may also wish to consider making (in a separate letter) an offer to "drop hands" failing which you will, of course seek unreasonable costs.


You have a lot of arguments. So if the Court appears to be "not with you" on one point, don't be afraid to crack on with the next one. It may help to signpost - i.e. to say to the Court I have 4 main arguments, to list them by title and then take each in turn.


In respect of the rubbish "contract" it follows that this is an issue that should have been addressed in the Particulars, not in a statement during the course of the proceedings. Since you sought such information prior to Court and immediately upon receiving the particulars, your challenge to the contract should be permitted. In any event, it could be an extension to the core argument that there is no contract, albeit for different reasons (namely that there was no authority to offer the parking terms to the driver).


Good luck for next week's hearing. It can be done.

infernouk

thanks guys, i emailed them friday but no response so far, do i need to bring any documents with me on the day regarding this new contract point? as it wasnt in my skeleton, but the contract is in their witness statement

Coupon-mad

Just bring some notes about it, as your crib sheet about what you want to question from the WS.

And make sure you are ready to challenge Rights of Audience, using the BMPA text service once you have asked the Usher for the name of the hired gun from the Claimant. Being 'a local solicitor or barrister' does not necessarily mean a hired gun has RoA, and they may not even be allowed to speak. It's then game over for the Claimant within 5 minutes, if the Judge agrees with you.

Search the forum for 'Law Gazette Rights of Audience BMPA'.

infernouk

Coupon-mad wrote: »

Just bring some notes about it, as your crib sheet about what you want to question from the WS.

And make sure you are ready to challenge Rights of Audience, using the BMPA text service once you have asked the Usher for the name of the hired gun from the Claimant. Being 'a local solicitor or barrister' does not necessarily mean a hired gun has RoA, and they may not even be allowed to speak. It's then game over for the Claimant within 5 minutes, if the Judge agrees with you.

Search the forum for 'Law Gazette Rights of Audience BMPA'.

thanks, im fully expecting the witness statement representative to be there as parking pranksters have mentioned her being at the other hearings local to me.

All i need to bring on the day is some notes right? I dont have to sit down and re print 100 sheets of documents?

Coupon-mad

No, you DO need to bring your copy of your defence, any appeal you made early on that they ignored/fobbed off, a copy of your WS, and your evidence, your proof of lease/AST rights of way/right to park, a copy of the permit letter/email that shows there is no mention of £100 parking charge, and your costs schedule, proof of earnings to claim if you win, and your proof of emailing/posting all of the above to the Claimant (in case they rock up and pretend they never received your WS, for example).

And you need the Law Gazette article and case law to support your preliminary RoA challenge...

You don't need the entire Act when it comes to the POFA (just Sch4 if relying on it), and you don't need the Beavis case (but you DO need the Beavis case SIGN, as a comparison). You do not necessarily need every letter, but apart from that, IMHO, you must assume that the Judge might need you to hand over a copy of anything you are relying upon...what if the Judge says the court's copy has gone astray (has happened)? You don't want an adjournment, you want to be there relaxed, fully prepared, and helpfully say 'here's a copy, Sir/Madam'.

infernouk

Coupon-mad wrote: »

No, you DO need to bring your copy of your defence, any appeal you made early on that they ignored/fobbed off, a copy of your WS, and your evidence, your proof of lease/AST rights of way/right to park, a copy of the permit letter/email that shows there is no mention of £100 parking charge, and your costs schedule, proof of earnings to claim if you win, and your proof of emailing/posting all of the above to the Claimant (in case they rock up and pretend they never received your WS, for example).

And you need the Law Gazette article and case law to support your preliminary RoA challenge...

You don't need the entire Act when it comes to the POFA (just Sch4 if relying on it), and you don't need the Beavis case (but you DO need the Beavis case SIGN, as a comparison). You do not necessarily need every letter, but apart from that, IMHO, you must assume that the Judge might need you to hand over a copy of anything you are relying upon...what if the Judge says the court's copy has gone astray (has happened)? You don't want an adjournment, you want to be there relaxed, fully prepared, and helpfully say 'here's a copy, Sir/Madam'.

Fair enough thanks, i think ive spent more than the initial PCN on printer ink!

Im searching the forum for the term you mentioned with no luck so far!

i found this on google: https://www.lawgazette.co.uk/legal-updates/rights-of-audience-rules/5060342.article

but i dont see a text number?

infernouk

To clarify I have printed the following:

Initial back and forth around the threats to claim against me
Defence
WS
Skeleton
Costs + payslip
Exhibits from WS - Permit Letter, Maps, This Contract, The Lease
Signage from Beavis Case
Proof of posting my defence (i dont have the tracking for the others it seems) and print of the full email chain they served me documents in and i responded with my documents in.

I cant work out what this Law Gazette thing involves and requires to be honest