NWCP Car Parks PCN - Over 28 days

nosferatu1001

Just send it in - as said, its important to have something ythre that tells your side and has your evidence in.

Dont worry about commenting on their WS, just lay out the facts ou know of, and attach any evidence. Done.

remember to print, sign, scan and email to the court AND to the claimant, BOTH must get this.

Coupon-mad

This is suppose to be their contact which I received by email but in their defence and WS they have not sent page 3. So I have stated at the end of my in my WS at the end and will mention on the day that their contract is incomplete as on page 2 they mention clause 7 which is missing from their paperwork. Obviously won't mention I have received page 3. In court eyes page 3 was never submitted.

Great! Sloppiness can cost them.

Yep just get your signed and dated WS, plus the printed out photos and the Beavis case sign, and anything else you want to rely on, in person to Preston Court, although their postbox is probably now shut for the day. Put it neatly in a folder and every page and evidence piece needs to be numbered and clearly set out for your Judge to be on your side.

And email everything to the other side before 4.30pm if you can.

Then relax and think about your costs schedule, to email to the other side on Monday, with a Drop Hands offer! The idea being to make them discontinue.

manutd99

Coupon-mad wrote: »

Great! Sloppiness can cost them.

Yep just get your signed and dated WS, plus the printed out photos and the Beavis case sign, and anything else you want to rely on, in person to Preston Court, although their postbox is probably now shut for the day. Put it neatly in a folder and every page and evidence piece needs to be numbered and clearly set out for your Judge to be on your side.

And email everything to the other side before 4.30pm if you can.

Then relax and think about your costs schedule, to email to the other side on Monday, with a Drop Hands offer! The idea being to make them discontinue.

Thanks once again coupon-mad. Couldn't have got this far without you. You're a complete star. Up until you posts last night I was very stuck. Your advise and few pointers did it for me and managed to do it overnight. Last few bits in the morning. Hand delivered to Preston Court at 1.30. E-Mailed to claimant 4.15.

Only issue as just read all evidence wasn't numbered but hopefully shouldn't matter. Only the ones iv mentioned as exhibits are numbered.

The court did say ring them next week to see if the judge has decided to strike out case as my letter has been logged and their system did say I have asked for it to be struck out and case is awaiting judgement - something along those lines

Updated WS

https://www.dropbox.com/s/ixnpatutxq8lujk/Witness%20Statement%20Forum%20v3.docx?dl=0

Will complete cost schedule over weekend. I am feeling slightly more confident than yesterday but still nervous. Might feel pressure again next week

What Drops Hands offer do you suggest.

System

Once the WS is in, you can if you wish call the local council and ask who pays the Non Domestic Rates on the site. If it is not N&V Properties you can question the chain of contracts. [Likely to be N&V though but ask anyway]

Here is N&V (https://beta.companieshouse.gov.uk/company/OC393439).

You'll also notice that the person who set up NW Car Parks is also N&V so he has separated the control of the car parks from the ownership/occupation of the car parks. Odd set up.

Castle

IamEmanresu wrote: »

Once the WS is in, you can if you wish call the local council and ask who pays the Non Domestic Rates on the site. If it is not N&V Properties you can question the chain of contracts. [Likely to be N&V though but ask anyway]

Here is N&V (https://beta.companieshouse.gov.uk/company/OC393439).

You'll also notice that the person who set up NW Car Parks is also N&V so he has separated the control of the car parks from the ownership/occupation of the car parks. Odd set up.

Looking at the accounts I would suspect that this LLP actually owns the site:-
https://beta.companieshouse.gov.uk/company/OC369873/filing-history

Thus a different name to that listed on the enforcement contract

Coupon-mad

That WS is very good, please don't worry that it's late, you are an unrepresented litigant in person, a consumer with no experience of this, you didn't know but you rescued it!

What Drops Hands offer do you suggest.

Like this (but edited to suit, of course) the bit in italics, written by Johnersh who is a solicitor:

https://forums.moneysavingexpert.com/discussion/comment/73131529#Comment_73131529

And you attach your costs schedule, like the one shown in the NEWBIES thread post #2, to focus their mind about what they are risking by not discontinuing. Push them and give them 2 days to reply from Monday morning, if the hearing is scheduled at the end of the week.

If they do then discontinue it will mean you can't claim any costs but it would be over, but we always say to check with the local court to be sure the hearing HAS been vacated; if in doubt, if the hearing is still on the court list on the day, you would still have to turn up.

Back in post #27 you said:

manutd99 wrote: »

They own the the land as per land registry document (see previous post). I have edited my post and changed the wording from private company to N&V Properties. Even prior to N&V properties it wasn't the council. It was an individual woman.

Yes saw who owner of N&V properties is but doesn't really matter I presume as Land Registry document is in their name.

But as Castle and IamEmanresu have pointed out, isn't it a different N&V on the contract?

The LLP is not the same as N&V (minus the LLP) - different companies, different entities.

manutd99

Castle wrote: »

Looking at the accounts I would suspect that this LLP actually owns the site:-
https://beta.companieshouse.gov.uk/company/OC369873/filing-history

Thus a different name to that listed on the enforcement contract

Coupon-mad wrote: »

Back in post #27 you said:


But as Castle and IamEmanresu have pointed out, isn't it a different N&V on the contract?

The LLP is not the same as N&V (minus the LLP) - different companies, different entities.

Castle and IamEmanresu thanks. Castle you've picked up on something very good. Brilliant thanks. IamEmanresu - Thanks for re-igniting this aspect.

I have looked at the Land Registry document and as Castle has pointed out as per below

Registered Owner(s) : N AND V PROPERTIES (LANCASHIRE) LLP (LLP Regn. No.
OC369873) of 4 Croft Court, Plumpton Close, Whitehills
Business Park, Blackpool FY4 5PR.

The parking enforcement indeed has N&V properties.

Therefore owned by N AND V PROPERTIES (LANCASHIRE) LLP but parking contract has N&V properties. Therefore two different companies. Wish I had noticed this sooner.

Where does that leave me at this late stage. Do I incorporate this into my drop hands offer email i send?

Obviously if it does go to court my case is stronger? How strong does this look with this anomaly?

Coupon-mad

See what others say, but I wouldn't tip them off in the drop hands offer, keep that very concise.

It does make your case stronger because - if the hearing is not vacated by a last minute discontinuance - you can put their rep on the spot about their WS and evidence, you are entitled to question their rep on the evidence they've presented and ask where the chain of authority is from the actual landowning company, since the company on the contract is not the landowner.

Also remember to object about their Witness signatory (probably) not even turning up, and not having any 'witness' knowledge whatsoever of any aspect of the site. Who signed their WS effort? Be ready to see if that person turns up...

...and are you ready to question the Rights of Audience (RoA) of the rep, as a preliminary matter, to try to get them disallowed from even speaking (if the Judge agrees) and then you can swoop straight in and win because the Claimant has neither turned up, not sent anyone with RoA.

https://forums.moneysavingexpert.com/discussion/comment/72977127#Comment_72977127

https://forums.moneysavingexpert.com/discussion/comment/72978085#Comment_72978085

https://forums.moneysavingexpert.com/discussion/comment/72843041#Comment_72843041

That last link is useful, shows the power of a last-gasp email pushing for discontinuance!

manutd99

Coupon-mad wrote: »

See what others say, but I wouldn't tip them off in the drop hands offer, keep that very concise.

It does make your case stronger because - if the hearing is not vacated by a last minute discontinuance - you can put their rep on the spot about their WS and evidence, you are entitled to question their rep on the evidence they've presented and ask where the chain of authority is from the actual landowning company, since the company on the contract is not the landowner.

Yeah might be better to just leave it to the day so they are not prepared and I can catch them out. Il see whats others say as well.

Coupon-mad wrote: »

Also remember to object about their Witness signatory (probably) not even turning up, and not having any 'witness' knowledge whatsoever of any aspect of the site. Who signed their WS effort? Be ready to see if that person turns up...

Just trying to understand what you're trying to say here. Do you mean saying they have not sent a Witness Statement as their alleged WS was not titled a WS so just try and pretend I havent received a WS and also asking who signed the alleged WS as there is no name of who signed as what I received what they thought is a WS has no name on it.

Their alleged WS and defence is identical so can bring this up and say your WS is not your WS, it was just a copy of your defence.

Coupon-mad wrote: »

...and are you ready to question the Rights of Audience (RoA) of the rep, as a preliminary matter, to try to get them disallowed from even speaking (if the Judge agrees) and then you can swoop straight in and win because the Claimant has neither turned up, not sent anyone with RoA.

https://forums.moneysavingexpert.com/discussion/comment/72977127#Comment_72977127

https://forums.moneysavingexpert.com/discussion/comment/72978085#Comment_72978085

https://forums.moneysavingexpert.com/discussion/comment/72843041#Comment_72843041

That last link is useful, shows the power of a last-gasp email pushing for discontinuance!

I hadn't read about that until now. Having done some research about the company previously. The person whose name was mentioned on an e-mail instructing NW Car parks to manage the contract, same person appeared in the court case you mentioned few months ago on this thread and also after looking into the company she has done some training around parking fines etc so I am presuming this same person who works for the company will turn up. Not saying she will but everything points that way - Lisa Matthew. I did read on one of the threads if she works for the company she is allowed to represent. Currently general manager of NW Car Parks

Just looked again. Found on Linked in profile - Completed the IPC Appeals and The Law on Parking (Advanced) training courses.

As she completed has completed this presume she'll be the one turning as she has the knowledge. Having just found that again getting me worried as she will know what she's talking about so as above I could mention the contract issue now for discontinuance as avoids potentially going to court. Tough to decide which way to go.

Coupon-mad

Just trying to understand what you're trying to say here. Do you mean saying they have not sent a Witness Statement as their alleged WS was not titled a WS so just try and pretend I havent received a WS and also asking who signed the alleged WS as there is no name of who signed as what I received what they thought is a WS has no name on it.

I'm saying the person who signed it (who? are you saying it had no name at all?) is not a witness because they were not there, do not know the car park and (probably) are not even turning up to the hearing.

so just try and pretend I havent received a WS

NO! Be the honest person, no pretence.