At Small Claims stage - PCM and Gladstones

RM_2007

Lamilad wrote: »

The line in their letter that states
"it's now too late to supply the name of the driver"
...is false.... It's a deliberate lie, and scare tactic, used by PCM (and others) make you think you're screwed.

You can name the driver- and discharge liability - up until the time they issue court proceedings.

By deliberately misrepresenting statute law - in order to make to you pay - they are in breach of pre action protocols and their code of practice. This should be added into your defence.... If they repeat this lie in any court documents they are in contempt of court and attempting to pervert the course of justice.

Thanks Lamilab.


I'll add the following in the rebuttal section:


"Furthermore in the NTK issued on the xx/xx/xx, states "It is now too late to supply the name of the driver or to make a representation against the PCN". I believe this a deliberate mispresenting of statute law, in order to scare the motorist in paying their charge and in breach of pre action protocols and their code of conduct. "

RM_2007

Emailed the defence to ccbcaq@hmcts.gsi.gov.uk late on Sunday night. Received the automated acknowledgement.

Now to wait for the directions questionnaire.

RM_2007

I've now received the Notice of Allocation to the small claims track for March 2018.

Time to work on the witness statement and evidence artifacts (says these need to be submitted 14 days before the hearing date at the latest)

nosferatu1001

No, it does NOT state that, I am sure
It almost certainly states they need to be *served* no later than 14 days before.

This means received by...
If court, I would suggest hand delivering a fully printed, paginated, bound bundle. Looks good and helps the court.

RM_2007

I'm sure you are correct - I dont have it in front of me.

Thanks for the court tip.

System

So this is a Taylor Woodrow development in Barking.

If you look at Google Street View you will see lots of PCM signs up but none that actually meets the Code of Practice with regards to showing what a "controlled" area is. The signs are high up and the text is small.

You best bet is to get your own pics of the location to show how vague and misleading the signs are. On the downside you are on DYL which should have indicated to you a form of control.

[Your own] Signs and their contract will be everything.

RM_2007

Thanks IamEmanresu.

On this occasion it is on a double yellow and I take your point that should have been a warning to the driver. However please do correct me if I have misunderstood, DYL's on private land are not the same as on the public roads (appreciate it still should have been a indicator to the driver).

Just realized that the court date is coming up - 23rd March which means I need to get the witness statement and exhibits bundle to the court and Gladstones by the end of this week.

A couple of questions If I may,

1: I'll hand deliver the bundle to the court on Friday, but will need to post to Gladstones - is next day signed for/recorded required - would need to send by Thursday.

2: I'm drafting the witness statement tonight, from your post on pepipoo, is should be a statement from a witness (me in this case) that supports what is in my original defence. In terms of exhibits that I want to include - how should you reference them and do you then include them in an appendix?

3: When referring to exhibits in the witness statement, to you include the exhibit reference?

4: I plan on including some video as suggested in the newbie tread - are there any recommendations on what format to use? Create a DVD or just include a mpeg etc?



In case it helps others, below if the list of things to include from the newbie thread, with links to the relevant docs:

a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case

http://2.bp.blogspot.com/-eYdphoIIDgE/VpbCpfSTaiI/AAAAAAAAE10/5uFjL528DgU/s1600/Parking%2Bsign_001.jpg

(b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.

Have some, will get some more tomorrow

(c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen to the point of parking.

Will Get tomorrow

(d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

(e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.

https://popla.co.uk/docs/default-source/default-document-library/popla_annualreport_2015.pdf?sfvrsn=2


(f) a copy of your lease or tenancy agreement!if!this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.

N/A in my case

(g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.

PCM v Bull obtained via the Parking Prankster site.
http://nebula.wsimg.com/b84a6ffd1e3514097ca033a01c8db4b7?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

(h) the IPC!or!BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).

https://theipc.info/downloads

https://theipc.info/uploads/vjnl0XFpge5CLwGPL3dN-KbdoEvOKUccAjn36Cbetwo/Amended%20Code%20of%20Practice%2001.10.2016.pdf

https://theipc.info/uploads/-imXk-gEBVk2UV_c_WWpjuthUeH2hwEwihq7Np6Q030/Code%20of%20Practice%20v6%20Amended%2014th%20June%202017.pdf

(i) a Pay & Display ticket if you have it in such a case, e.g. if arguing it was displayed.!DO NOT ARGUE 'no loss'!

N/A In my case

RM_2007

Forgot to ask, in terms of their contract, I requested it at the pre-action stage but didn't receive it, I've not received anything from Gladstones - their copy of the Directions questionnaire was a blank form.

Should I expect to receive their pack? and is it wishful thinking that they will include the contract?

In terms of paginating the bundle - since I have multiple documents, from different sources - what is the best thing to do, number the pages by hand? apologies if I misunderstood.

RM_2007

getting slightly confused after reading a few other sites regarding creating the bundles - do I send a full bundle to Gladstnes or just an index - some articles list sending just the index?

Coupon-mad

On this occasion it is on a double yellow and I take your point that should have been a warning to the driver. However please do correct me if I have misunderstood, DYL's on private land are not the same as on the public roads (appreciate it still should have been a indicator to the driver).

Look up what double yellows actually mean (and all the exemptions which allow a car to stop/be left) on Public Highway, because - in case you are one of lots of drivers who think so - they are not an indicator of 'no stopping' at all.

1: I'll hand deliver the bundle to the court on Friday, but will need to post to Gladstones - is next day signed for/recorded required - would need to send by Thursday.

The 'bundle' is what you physically take to court. You mean you will hand deliver a ring binder file with a contents page and WS and appendices all nicely numbered and easy to follow? Hand delivery to the court (BEFORE NOON on a Friday on case they shut the manned clerk's desk early) is good.

You never send anything signed for to Gladstones or a parking firm, guess why not? Think about what 'signed for' requires...

Just post it ordinary 1st class (free cert of posting from the PO counter, and KEEP THAT PROOF, don't just pop it in a postbox) and email it as well, to G's a few attachments at a time on Thursday.

Gladstones email is easy to find by searching this forum.

2: I'm drafting the witness statement tonight, from your post on pepipoo, is should be a statement from a witness (me in this case) that supports what is in my original defence. In terms of exhibits that I want to include - how should you reference them and do you then include them in an appendix?

Have a look at the examples shown in post #2 of the NEWBIES thread, they show WS with numbered evidence being referred to, throughout.

3: When referring to exhibits in the witness statement, to you include the exhibit reference?

Yes.

4: I plan on including some video as suggested in the newbie tread - are there any recommendations on what format to use? Create a DVD or just include a mpeg etc?

Memory stick maybe, hand delivered to the Court, and in the posted version to Gladstones, and have a copy with you in your bundle and a method of showing the video if the Judge lets you - needs to be short and on point.