help with pcn at directions questionnaire stage

daverimmo

hello there please advise my next steps i have filed a defense already before i came across this site i know know this may be a weak defense here we go

Dear Sir / Madam,

I am writing with regards to the above parking notice to which I
have not received nor seen any evidence of this ticket on my
vehicle.

The first I knew of this parking notice was when I received a
letter from NE Parking Ltd asking me to pay the outstanding charge
of £100.00. As I have not physically seen this charge I thought
this was a bogus company and truly believed it was a scam.
As you hear about these types of scams all the time.

It only became apparent that this charge was legit after receiving
this Court Claims letter, hence my reply.

The letter states that the notice was issued at 18.24. If this is
true the premises would have been closed and I would not be
causing any obstruction to the premises or owners. Again
this is a ticket I have not seen.

I finish work at 18.15 and drive from F#~##Q. The Travelling time
from work to claimant at F#~~~G is approximately 12/13
Minutes, depending on traffic. Therefore this ticket must have
been issued as soon as I walked away from my car.

With normal parking penalties you are usually given a few minutes
grace, in this instance I have been given no more than 60 seconds
and feel this charge is unfair.

I would kindly request that the information I have provided is
taken into consideration when making a final decision with this
claim.

I thank you for your time and consideration regarding this matter
and look forward to hearing from soon.

Kind regards

defendant.
so now i am at the point of the the defense is accepted and gladstones have responded in there normal manor of special request of papers alone hearing and if the court could send me a n159 form which the court have not sent i have only received the directions questionnaire (small claims track) is my defense weak to the point where i should just pay the £238 they are asking please advise my next steps thanks in advance
David.

Quentin

That defence won't win and confirms who was driving, as well as revealing your ideas here so edit it and go to the newbies FAQ thread near the top of the forum for advice on how to deal with this

daverimmo

is it possible to amend my first defense

Quentin

Use edit button

daverimmo

i have already submitted on money claims on 19/06/17 so i now presume im in for a big bill even tho i still haven't seen this ticket is there any way i can change/amend on money claim so far down the process i cant find info on newbies thread just what to write to start your defense when i already have submitted the defense please help

Quentin

Ok. Cross purposes!

You still need to remove your personal details from your OP.

As posted that defence won't win in court.

Go to the newbies FAQ thread and read up on constructing s defence and use the links there for more advice.

You look to have admitted who was driving so don't bother with any POFA defences

Redx

if the defence was already submitted in the first 28 days , you cannot alter it later UNLESS you pay a great deal of money (AFAIK) - so lets say it cannot be changed or amended or altered now

so if you ARE at the DQ stage its about evidence , picures , witness statements etc

post #2 of the NEWBIES sticky thread has a walk through by BARGEPOLE , please read it

so start getting your ducks in a row at this EVIDENCE stage (because the defence has already been submitted and cannot be "edited")

and EDIT post #1 (your opening post) to remove details of who did what

only use terms like

THE DEFENDANT

THE CLAIMANT

THE DRIVER

THE KEEPER

daverimmo

hello thanks for your help i have photos of parking signs not lit up as this was early feb at 18.24 it would be dusk and signs are high up on the wall also no parking lines outside the shop in question giving me no indication of a car park just a pavement would this help me in my evidence and witness statement thanks in advance

Coupon-mad

daverimmo wrote: »

hello thanks for your help i have photos of parking signs not lit up as this was early feb at 18.24 it would be dusk and signs are high up on the wall also no parking lines outside the shop in question giving me no indication of a car park just a pavement would this help me in my evidence and witness statement thanks in advance

Yes. You can add evidence with your WS before the hearing.

But you can't amend your defence, it is what it is. You can only build on what you included already, nothing completely new. You will be evidencing 'no grace period' and lack of clear signs, no contract agreed in 60 seconds. This was your best point:

With normal parking penalties you are usually given a few minutes
grace, in this instance I have been given no more than 60 seconds
and feel this charge is unfair.

Read the NEWBIES thread and prepare for each stage - DQ next. Easy. NOT the N159 Gladstones misleadingly posted to you. You must complete the N180 provided by the court because you will win this only by appearing in person at an oral hearing.

Come back in a couple of months to discuss your WS and evidence.

daverimmo

thanks for your help if i get a draft my witness statement building on my already submitted defense along with my photo evidence will you then advise me if it will be adequate to stand up thanks in advance

Coupon-mad

Yes we will certainly and gladly help, and you can also argue against the added-on costs.

And there are other tips for the day of the hearing, such as challenging the 'Rights of Audience' (RoA) of the hired gun (solicitor's agent, usually) who rocks up. Don't be intimidated - you may be able to get him/her disqualified from speaking on the day, and the claim struck out. Happens more than you might think. Gladstones (is it one of theirs?) will not appear.

Search the forum for 'rights of audience', this can be fun...and you can check the person's RoA on the spot by texting the BMPA on the day of the hearing. You will learn all that, if you read other threads about RoA, I would do so in advance.