PCN to keeper questions

Lauybob

Should I fill it in and return it to the courts now or wait for the copy in the post?



I've seen other cases of this as in LucyBea where they did this to her. She contacted the courts and they said they were jumping the gun then proceeded to discontinue. Should I contact the courts aswell to check?



Thanks

Coupon-mad

I'd wait a week for the CCBC to catch up and post one to you, if not then download one.

Lauybob

Just had my copy of the DQ through the post from CCBC. I have filled it in as intructed in other posts.



Question is where do I post it now? To the Northampton CCBC address? Or can I scan and email it?


Thanks

KeithP

Then send the DQ as a pdf email attachment to the same ccbcaq address you sent your Defence.

Also send a copy to the three Gladstone's email addresses you used earlier.

Lauybob

Hi guys, I've had a NOA.


I've prepared a Witness Statement as follows so was wondering if this was ok?



This Witness Statement is in support of my case XXXXX.

I am XXXXXX and I am the Defendant in this matter. My address is XXXXXXX

1. The facts from this statement come from my own knowledge. Where they are not within my own knowledge, they are true to the best of my information and belief.

2. I am not liable to the Claimant for the sum claimed, or to any amount and this is my Witness Statement in support of my defence which has already been filed.

3. I admit that I am the registered keeper of the vehicle in question. I was not the driver of the vehicle.

4. The particulars of the claim states that the ‘driver of the vehicle incurred the parking charge on XXXXXXX for breaching the terms of parking’.
4.1. The Claimant has provided no evidence that the Defendant was the driver of the vehicle.
4.2. The Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they have issued, therefore cannot hold the Defendant liable for the alleged incident for being the registered keeper of the vehicle.

5. The Claimant is not the landowner of the car park in question which means that they cannot litigate in their own name, as a matter of law. Only the landholder can sue for any damages or trespass.

6. The Claimant has not suffered loss or disadvantage. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek, through court action, to be put back in the same position as they would have been in if the breach had not occurred. In order to do so, they must demonstrate actual or genuine, pre-estimate of loss. The subject of these proceedings is a residential site that is not of commercial value where it needs to be protected. I submit that no loss has been suffered by the Claimant as a result of the alleged breaches of contract of any motorist of the vehicle of which I am the registered keeper. I further submit that there is no loss to the landholder (the only party able to claim such losses).

7. There is no contract between the Claimant to the motorist. Any contract must have offer, acceptance and consideration on both sides. No proof has been provided by the Claimant.

8. An expression to park is granted to the current occupier and leaseholder of XXXXXXXXX; whose tenancy agreement permits of the parking of a vehicle in an allocated bay. I, the Defendant am the current occupier and leaseholder. There is absolute entitlement to park in the allocated bay deriving from the lease terms. It provides the exclusive right to park a private motor vehicle in the relevant allocated bay, without limitation especially no requirement to display a parking permit.

9. On this basis of these points, the court is invited to dismiss this Claim entirely, and to award my costs of attendance at the hearing, such as allowable pursuant to CPR 27.14.

Statement of Truth
I believe that the facts in this Witness Statement are true

Signature
Date


Any feedback would be great.

Lauybob

Any tips guys?

Thanks

Lauybob

Can anybody help me please?



Need to get this sent off by end of next week. A bit late and urgent I know sorry!


Thanks in advance

Lauybob

Also, for the documents to submit, do I need to print them all off or just submit it to Gladstones and the court via email?

Thanks

nosferatu1001

EMail to Gladstones
Send in multipkle emails, if needed. Get proof of receipt from them.

Court - print, and stick it in a file. You want the court copy to be as neat as possible. Walk into the court and file it there.

Umkomaas

nosferatu1001 wrote: »

EMail to Gladstones
Send in multipkle emails, if needed. Get proof of receipt from them.

Court - print, and stick it in a file. You want the court copy to be as neat as possible. Walk into the court and file it there.

Ask for a receipt - the courts can lose stuff quite easily.