PCN to keeper questions

Coupon-mad

By hand (email copy to the other side).

Make it readable and refer to the evidence in the skelly to try to slip it through!

Lauybob

Here is the extra stuff I’ve got about POFA that I’ve stuck on the end.

POFA Compliance
32. POFA Schedule 4 states that there must be a relevant contract. There is no relevant contract which means POFA has not been met. The signage put up has only given permission to park to 'permit holders only in allocated bays'. The sign of this sort makes no contractual consideration to a driver. If parking, stopping or waiting is forbidden, you cannot contract with a driver to do exactly what the restriction forbids. As stated above, a contract must have 3 elements, offer, then consideration then acceptance. No offer was made at the time of the alleged contravention.

33. As this cannot be a contractual agreement it is therefore actionable only as a tort of trespass and that has to be progressed by the actual landholder/owner or lessee. I have a reasonable assumption that the Claimant is neither

34. The signage also has a lack of adequate notice of the parking charge (large lettering). Adequate notice of parking charges is mandatory under POFA Schedule 4 and the BPA code of practice but these signs do not clearly mention the parking charge thus meaning they do not comply with POFA.

35. There is also a lack of relevant obligation as my primacy of contract overrides any such terms as stated already above.

Obviously I’ve repeated myself from 28,29,30,31.

28. The Claimant states that there is a contractual agreement (signage) is agreed upon by the driver upon entering the private land. The Defendant asserts that the Claimant must demonstrate an offer, acceptance and consideration which are all required to form a contract with the driver.

29. No offer could have been made of a right which the Defendant already had (to park). It is an absurd proposition that someone can put up a sign claiming to offer parking in my allocated bay, which I already have a right to park on, and then that person can rely on the sign to sue me for a breach of contract claiming that the sign supersedes my pre-existing rights.

30. The signage is forbidding and not capable of forming a contract as the Claimant does not have the authority to offer parking. The Defendant maintains that no offer was made and therefore there can be no acceptance.

31. There is no consideration, as it cannot be the parking for which I already have that right.

Is that okay? Or should I add the new notes above into 28-31?

Also is what I wrote even ok?

Thanks

Coupon-mad

Looks good to me and the repetition will not matter.

Lauybob

Great.

I’ll put it all together and print off the relevant evidences and hand it in. Do I submit the schedule of costs with it or take it on the day?

One last question, the court date isn’t till end of the month, so is there any harm in handing it in next week or should I do it a few days before?

Thanks for your help everyone and more recently thanks coupon-mad

Coupon-mad

Submit the costs schedule with it, and next week will be OK.

Make sure it's secured bound together or in a file with the hearing date/time, and claim number on the front to make it clear it's not to be filed away, but relates to an impending hearing.

Lauybob

The hearing is just over a week away!

Just some final questions before it. Do I need to take anything with me on the day? E.g copies of everything so far? Or just go empty handed?

Also any tips or advice for the day?

Thanks again for all your help everyone

nosferatu1001

Take a copy of your bundle with you

Did you send in the skellie as told? Costs scheudle? Hand to the court early if you wish, but only submit to the claimant 3 days before - too late for them to do mmuch with it, early enough they cannot then claim they were ambushed.

Maybe show us your costs schedule final version?

Lauybob

nosferatu1001 wrote: »

Take a copy of your bundle with you

Did you send in the skellie as told? Costs scheudle? Hand to the court early if you wish, but only submit to the claimant 3 days before - too late for them to do mmuch with it, early enough they cannot then claim they were ambushed.

Maybe show us your costs schedule final version?

So copy of bundle meaning the defence and also the skellie stuff?



Already taken in the skeleton and costs schedule to the court. Also emailed it to the claimant already, so hopefully that doesn't make too much difference.



Is it worth posting my cost schedule even though I've already submitted it?


Thanks

nosferatu1001

Defence, Witness statement, evidence you rely upon, skeleton argument is optional

In general let us have a chance to review
Post it anyway
Nothing stopping you sending your optional document again!

Lauybob

[FONT=&quot]IN THE COUNTY COURT AT CARDIFF[/FONT][FONT=&quot] [/FONT]

[FONT=&quot]CLAIM NO: XXXXXXXX[/FONT][FONT=&quot][/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]B E T W E E N:-[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]

[FONT=&quot]MILLENNIUM DOOR AND EVENT SECURITY LTD[/FONT]

[FONT=&quot]Claimant[/FONT][FONT=&quot][/FONT]

[FONT=&quot]and[/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]XXXXXXXX[/FONT][FONT=&quot][/FONT]

[FONT=&quot]Defendant[/FONT][FONT=&quot][/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]_____________________________________________________________[/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]DEFENDANT’S SCHEDULE OF COSTS[/FONT]

[FONT=&quot]FOR THE HEARING XXXXXXXX[/FONT]

[FONT=&quot]Ordinary Costs[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Loss of earnings/leave (1 day leave), incurred through attendance at Court XXXXXXXX £18.81 x 8.5 hours = £159.89[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Return mileage from home address to Court – 2 miles x £0.45 = £0.90[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Parking near Court 2-3 hours = £7[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Sub-total £167.79 ======[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot][/FONT]
[FONT=&quot]Research, preparation and drafting of documents (5 hours at Litigant in Person rate of £19 per hour) £95

Stationery, printing, photocopying and postage: £15.00

Sub-total £110.00 ======


[/FONT]

[FONT=&quot]£ 277.79[/FONT][FONT=&quot] TOTAL COSTS CLAIMED[/FONT][FONT=&quot][/FONT]

Probably over estimated the costs a bit?