SCS Law court threat

beamerguy

Dan_8 wrote: »

Ok thanks i've read through it add will add a couple of points, i don't really know hoiw to address the signage issue as the signs have been taken down, i've taken pictures of the fact there are no signs. On the most recent letter they claim the car park is marked with signs and monitored , neither is true and hasnt been for at least 2 years.

You need to prove that when your ticket was issued

Remember, you sign a statement of truth and in turn, so do they

Dan_8

Ok bit of a daft question does the WItness statement get sent to the allocated court or to Northampton like the defence ? I know i have to send a copy to the claimant but was a bit confused as to what court office to send the WS

KeithP

Dan_8 wrote: »

Ok bit of a daft question does the WItness statement get sent to the allocated court or to Northampton like the defence ? I know i have to send a copy to the claimant but was a bit confused as to what court office to send the WS

It gets sent to the hearing court. The usual advice is to hand deliver, as it is local, isn't it?

Once a case is transferred to the hearing court, the CCBC are no longer interested in it.

Dan_8

OK thanks, and the other copy to the claimant Premier Park? not the legal reps (BW Legal)

Umkomaas

Dan_8 wrote: »

OK thanks, and the other copy to the claimant Premier Park? not the legal reps (BW Legal)

All this is explained in the NEWBIES FAQ sticky, post #2.

The other copy goes to whoever's name is shown on the court claim. 'Address for sending documents and payments (if different)'. As only you have that document, we can't advise with certainty.

Dan_8

So i recieved my copy of the claiments WS today, the main points i have used e.g. the fact that there were no parking restrictions , permits required when i moved in and nothing in my tenancy agreement seem to not be relevant as they argue i'm a tennant and not a lease holder. Not really sure if i have much chance now.

Coupon-mad

Dan_8 wrote: »

So i recieved my copy of the claiments WS today, the main points i have used e.g. the fact that there were no parking restrictions , permits required when i moved in and nothing in my tenancy agreement seem to not be relevant as they argue i'm a tennant and not a lease holder. Not really sure if i have much chance now.

Eh? You're easily spooked by a template WS you should have been expecting!

It is a pile of utter trash and easy for you to counter. Why are you reading and believing what they put? Seriously, you read that pile of rubbish and thought it was strong?

What part of the case law about residents' rights in car parks (e.g. Jopson, Noor, Bull, Parkinson - see the Parking Prankster's case law transcript links...) do you think excludes tenants?

Why do you think you suddenly have no case? You KNOW you do! come on, get your mojo back and learn what you need to say at the hearing with confidence, to the Judge.

Did you do as I suggested and add in stuff to shoot down the £60 and appended the Consumer Rights Act 2015, the POFA, and the Beavis case quotes that I pointed you to add in as evidence?

Look at BlueNine's thread for pointers as to adding in what you need to say and show as evidence, to stop the added 2 x £60 that ARE NOT RECOVERABLE but only if you tell your Judge why not.

You worry me as you sound unprepared even though you have a good case. Hopefully you were just have a nervous 'wobble' day and are better prepped than it seems.

Dan_8

Yes i added all that , i'm not sure what i was expecting to be honest, i'll be ready when the court day comes, lot of reading over christmas! Thanks for all of the help.

Dan_8

Just a quick update. Been unable to get on the forum desktop so sorry for late reply. Had my day in court last week , Judge Taylor struck the claim off and awarded me costs! Thanks to everyone on the forum for your input  and help along the way I wouldn’t have stood a chance without it.

beamerguy

Dan_8 said:

Just a quick update. Been unable to get on the forum desktop so sorry for late reply. Had my day in court last week , Judge Taylor struck the claim off and awarded me costs! Thanks to everyone on the forum for your input  and help along the way I wouldn’t have stood a chance without it.

The Judge Taylor of Southampton ???   A delightful win, well done

Could you give us a few more details and the case number please