NGP - Company Vehicle

Noree

Hi all.

So I've received a court date. I am in the process of drafting my WS (will post soon). However, there is a bold and underlined statement near the top of the page. Is this normal?

It says something along the lines of:

Unless the Claimant pays the court £25 or files a properly completed application for help with fees, then the claim will be struck out on X date.

Is it normal to see what I have on my hearing letter? If not, what does this mean exactly, any ideas?

Thanks

KeithP

Noree wrote: »

Unless the Claimant pays the court £25 or files a properly completed application for help with fees, then the claim will be struck out on X date.

Not many ways of saying it, but it means that if the claimant has not paid the £25 fee, or made an application to the court with good reason to pay less, by the specified date the case will not go ahead.

You should assume that the case is definitely going ahead until you hear differently from the court.

Noree

Thanks Keith.

Below is my first draft of the WS. I will add in and make reference to Evidence where/when applicable.

New Generation Parking Management (Claimant) AND XXXXXXXXX (Defendant).
1. I am XXXXXXXXX, the Defendant in this matter. My address for service is XXXXXXXXXXXXX.
2. This is my witness statement.
3. For the avoidance of doubt on the relevant date I was the keeper/hirer of the XXXXX XXXXX, registration number XXXXXX.
4. It is believed that it will be a matter of common ground that the purported debt arose as the result of the issue of a parking charge notice in relation to an alleged breach of the terms and conditions by the driver of the above vehicle when it was parked at XXXXXXXXXXXXXXXX.
5. The Particular of Claim submitted by the Claimant says the Defendant was driving the vehicle at the time of the alleged offence. I would like to put the Claimant to strict proof on this matter. As the Defendant, I deny this in its entirety.
6. The Claimant has completely failed to comply with the strict and clear legislation of Protection of Freedoms Act (POFA) 2012 (Schedule 4), which the Claimant mentions in their “Final Notice” document. The Defendant has not received any Notice to Hirer documentation. Please refer to section POFA Schedule 4, paragraphs 13 & 14 for full compliance required by the Claimant. This has not been met and clearly shows a breach of this legislation. I am still waiting for all required documentation. Please see my defence on point #3, #4 & #5.
7. Having visited the site of the alleged offence, I can confirm that incorrect signage is in place. This includes upon entry and at the exit of the site. The signs state the Claimant are approved and associated with the British Parking Association (BPA) Code of Practice, when it would appear this is incorrect. The Claimant are actually approved by The International Parking Community (IPC). Please refer to points #6 & #7 of my defence. I have not been supplied any such documentation that was requested from the point of submitting my defence. Photographic and video evidence will evidence incorrect signage, complete with dates. This is not the first time the Claimant have fallen foul of incorrect signage. See point #9 of my defence.
8. A total of three parking notices have been issued for the vehicle related in this case, but only this one case has been pursued. Point #9 explains further. I, the Defendant, ask that these additional two parking notices are struck out, with the risk of further time taken to defend each case and the possibility of wasting the courts’ time.
9. I have not been informed of how long the vehicle was allegedly parked. I don’t know if the vehicle had stopped or parked up and no time duration has been given. From the pictures received, I cannot confirm if anyone is in the vehicle. As per point #10 in my defence, the duration of stay is relevant to comply with POFA 2012 Schedule 4. I can only assume that there wasn’t any form of grace period given.
10. I cannot confirm who was driving at the time of the alleged offence and seeing as all three tickets, including the one in question are on weekends, more than one person uses it during Saturday and Sundays. See point #11 & #12 of my defence.
11. I do not understand the breakdown of the price and the amounts the Claimant are asking seem made up and have not been fully defined, as per #14 in my defence.
12. I did not appeal as thought to be a scam, commonly known as a ‘robo-claim’. Was half-minded about taking this seriously. There are various (easily accessible) online threads referring to both the Claimant and their solicitors that questioned the full credibility of this alleged offense. See #15 and #16 for further justification.
13. Further from my defence, I am yet to receive any proof that the Claimant have acted in the correct manner as per their Code of Practice and have obtained the Registered Keeper details from DVLA on all three occasions, for all three respective notices/invoices. Further information at point #17 of my defence.
14. It would appear the Claimant do not adhere to their code of practice, they have incorrect and invalid signage and clearly breach of POFA 2012 on many occasions. They instead act by their own means to ‘scare-monger’ to try and claim money without means of any moral integrity. I also feel like the Claimant have ignored my defence as no proof (where requested) has been given.

I do make reference to my Defence as I think it sums up what I can put into my own WS. Here is the link to my Defence in this thread so you can link the points: https://forums.moneysavingexpert.com/discussion/5640028

Please feed back, all would be welcome and can help me with this matter!!!

Coupon-mad

Noree wrote: »

Hi all.

So I've received a court date. I am in the process of drafting my WS (will post soon). However, there is a bold and underlined statement near the top of the page. Is this normal?

It says something along the lines of:

Unless the Claimant pays the court £25 or files a properly completed application for help with fees, then the claim will be struck out on X date.

Is it normal to see what I have on my hearing letter? If not, what does this mean exactly, any ideas?

Perfectly normal - they are the claimant, they have to pay for a hearing.

Noree

As for the WS, is it any good? As there aren’t any witnesses that I can add to the matter!

Noree

<thread bumped>

Feedback on the WS would be great all!

Many thanks

Noree

Hi all

So I have a court hearing coming up and I am required to file all relevant info by 14 days beforehand.

Can I submit this via email or do I have to print it all and post to the courts and the parking company? Trying to find out but cannot find the answer.

Any help would be much appreciated.

Many thanks

Umkomaas

Trying to find out but cannot find the answer.

I think the NEWBIES FAQ sticky, post #2 provides such information.

Noree

I’ve had a look and cannot find it! It may be obvious but I’m currently struggling!

Apologies, but I’ve got ‘stuff’ going on at the moment and I’m struggling with even the simplest of things.

Coupon-mad

I am required to file all relevant info by 14 days beforehand.

Can I submit this via email

Not by email to your local court, no. Yes to the other side (Claimant/their solicitor).