NWCP Car Parks PCN - Over 28 days

Coupon-mad

Not sure how I can use your case in front of judge and saying NW Car Parks did not submit a WS in your case and the judge dismissed the case on this basis. NW car parks have made a similar mistake again as can argue their alleged WS is not a WS as not titled a WS.

You can certainly mention the case Elysander sat in on - do we have a claim number?

Manutd99 I dont think you need to worry too much about your WS being a few days late...everything you have noticed about their lack of WS (no NAME on it!!!) should cause you to enjoy your day in court.

Have yourself a crib sheet, and put the lady on the spot. Get your costs schedule in!!

Elysander

Coupon-mad wrote: »

You can certainly mention the case Elysander sat in on - do we have a claim number?

Manutd99 I dont think you need to worry too much about your WS being a few days late...everything you have noticed about their lack of WS (no NAME on it!!!) should cause you to enjoy your day in court.

Have yourself a crib sheet, and put the lady on the spot. Get your costs schedule in!!

Claim number D3QZ93D2

manutd99

Elysander wrote: »

Claim number D3QZ93D2

Thanks. I will quote this claim number

Coupon-mad wrote: »

You can certainly mention the case Elysander sat in on - do we have a claim number?

Manutd99 I dont think you need to worry too much about your WS being a few days late...everything you have noticed about their lack of WS (no NAME on it!!!) should cause you to enjoy your day in court.

Have yourself a crib sheet, and put the lady on the spot. Get your costs schedule in!!

Not worried about it being late.

Cost Schedule done. I am writing my drops hands email but other than the standard text I am unsure what else to write. I want to include something about my case to make the email stronger but unsure what. Any pointers. Need a paragraph about my case.

Shall I attach my Defence (14 pages long) and say please see attached my defence. If this goes to court I will argue all points of my attached defence as court has set aside 90 min (which they have)

I want to include the actual CPR wording so they are exactly aware of what it mean. Hope that's ok as per below

If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27.14 (2) (d) (e) (g) as per below.

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(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;
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

Please find attached my Schedule of Costs totalling £137.35

Coupon-mad

Yes that's all fine, I would say all of that to try to encourage a discontinuance - make sure the drop-hands offer is clearly time-bound, say something like the offer to drops hands (no costs either way) is open until 5pm Tuesday, after which it expires and you will be pursuing punitive costs at the hearing.

Any pointers. Need a paragraph about my case.

You could just say that their court evidence is woeful, and you have identified a number of issues with it that you look forward to drawing to the attention of the Judge when cross-examining the witness.

I would not tip them off what the issues are!!

You could add that you are aware that in their first foray into court they failed dismally in Claim number D3QZ93D2 at Liverpool Court, and you are confident this claim too, is misconceived and their argument, evidence and statements are entirely without merit. You could suggest that the Business Development Manager concentrates on business development in future and stops wasting the courts' time.*

I don't think you need to attach your defence. They've seen that and they've seen your WS.


* I would actually say that...shows you know who she is...!

manutd99

Coupon-mad. You're just absolutely amazing. Don't know how you do it. You just seem to find the perfect words to say which then makes me write what I want to write. Thanks a million

Please see below and let me know what you think. If others read in the morning as coupon-mad usually comes online later on please let me know your thoughts and that its good to go so I can send first thing in morning. Need re-assurance as always.

To whom it may concern

I am writing in regards to Claim Number

---

. I wish to offer a "drop hands" offer. Please respond by Tuesday 26th September 5PM after which I will be perusing punitive costs at the hearing

Please find attached my Schedule of Costs totalling £130.35 which I will pursue if this goes to court which I am legally entitled to.

If you discontinue at this stage there will be no costs either way and I will drop my Costs Schedule.

Your court evidence is woeful and I have identified a number of very surprising issues that I look forward to drawing attention to the judge when cross-examining the witness. I believe these could prove very important.

I am aware of your first court appearance Claim number D3QZ93D2 at Liverpool Court which was dismissed by the Judge and I am confident this claim too, is misconceived and your argument, evidence and statements are entirely without merit.

I reiterate and will also be passing my Costs Schedule to the Judge if this goes to court. I am confident in my arguments as detailed in Defence, Witness Statement and the discrepancies I have found and that the judge will rule in my favour.

As detailed in my defence your Notice to Keeper (NTK) does not comply with POFA 2012 Schedule 4 Paragraphs 8 (2) (c) and 8 (2) (f). This makes your NTK invalid. This then means the registered keeper cannot be held to account for the alleged debt of the driver. All of this will be explained to the judge. If you would like me to elaborate why it does not comply I will be happy to explain.

I would suggest your Business Development Manager/General Manager concentrates business development in future and stops wasting the court’s time.

The claimant is invited to withdraw this claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 2 days from the date of this letter.

The terms of the offer have value to the claimant insofar as the defendant will not seek his costs of defending the action, where recoverable and will not pursue any additional but related claim(s) in connection with the unauthorised ticketing on public highway.

If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27.14 (2) (d) (e) (g) as per below.

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(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;
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

Umkomaas

I think you're repeating yourself too often on the 'drop hands' making it sound like you're desperate for a discontinuance. I'd just state it once with your deadline. I wouldn't say 'I wish to offer a 'drop hands' offer. Firstly it is not assertive enough (half sounds like you're slightly apologetic), and 'offering an offer' in the same sentence doesn't read well.

I'd say something like 'For two days only from the date of this letter I am prepared to accept a 'drop hands' arrangement to settle the case and save court time in unnecessarily dealing with this'.

I'd then go on to say about their evidence being woeful and leave your cost schedule until the end, covered by something like 'If we are unable to resolve this via a 'drop hands' arrangement, I will be seeking a punitive cost order against your client. Already my costs amount to £x (as per the attached schedule), but I will be seeking further costs in view of your client's evident unreasonableness in pursuing me'.

See if others agree/contribute their take.

manutd99

Thanks Umkomaas

I have made the changes you suggested. I have sent the email as no time left. See what they come back. Hopefully they back out.

Coupon-mad

Sounds good, spot on from Umkomaas.

manutd99

Tuesday 5PM deadline has passed and no email to accept drops hand offer so seems I will be attending court.
When I sent email with Witness Statement I asked for them to confirm receipt - No response.
They have 2 email addresses. One is enquiries and one is appeals. In case they haven't picked up I forwarded my Witness Statement e-mail to appeal address. No response to that either. They are ignoring me. Can they argue they haven't received Witness Statement. I will print out sent email so hopefully all ok and didn't sent by post.

I did phone the court to enquire about my letter for the judge to strike out case which I mentioned previously. They advised the judge has responded who has said any issues should now be raised at the trial and hearing will take place.

manutd99

Guess I need to start preparing for my case for Friday. Never thought this day would come but it seems it will.

Skeleton Argument - Is this a shortened version of my Defence and arguments related to my case which I will discuss in court?

I had started this few days ago in preparation. I have shortened my Defence which was 15 pages to 8 pages with main aspects of my case (hope that's not too much). Is this a correct assumption? When is ideal time to submit by?

If assumption correct how do I present this in court. I am a very quiet person and talk very little. I find it much easier to express my opinions in writing. If you were ask me to talk about it I'd struggle. Therefore for me to through my points and argue my case will be a struggle.
Maybe a odd question but as my points will be in my Skeleton how much of this do I need to explain and how much talking will I need to do. I can mention this to the judge that all most of my points are in my Skeleton. Can even mention I find it difficult to express myself.

Please advise on mainly how much explaining I will need to do. Can post skeleton later for you guys to look at.