Will they go to court or not?

rizla01

WHAT SHOULD I DO NOW?
Do I assume that i cannot change the defence now?

Anyone?

rizla01

Johnersh wrote: »

This is simple. The only absolute way to avoid going to court is to compromise the claim.
(that is likely to mean paying up).

1. Since the parking company has got this far, I would not expect them to offer a discount to settle the case now.
2. You could offer a settlement by way of a without prejudice settlement proposal, but proceedings are now "live" and they may fancy their chances.
3. Since proceedings are "live" you are unlikely to be on the hook for very much more than you are already, so most forumites would advocate that you now crack on and defend this case.

Defence

31 January 2018 is lots of time. This will take you a couple of hours, tops. I've not seen your paperwork, but it may be worth trying to submit a wholly new defence (so long as it is consistent with the one already filed). You can omit clever arguments about the driver/the keeper as that is (in effect) already conceded - albeit not signed with a statement of truth. You are where you are, so keep it simple.

I've not trawled two threads, but what did the blinking sign say?
If you weren't aware that moving your car from parking in the retail shop area to the restaurant area consituted the same "parking event" the chances are that the signs weren't adequate. Do they say, for example 'no return within 1 hour' or prohibit moving the car and re-parking? Is there any chance from the parking layout that this could be regarded as two car parks that shared a single entrance?

Remember that parking eye merely time entry and exits from the premises not parking. As such, if the KFC is in a separate corner of the signs stopped or some other such reason this may be perfectly defensible.

If the Court accepts that these were two discrete parking episodes and you did not merely move your car 10 spaces along to dodge the system that may make it highly defensible.

Am I allowed to bring any of these points up at court even though they didn't form part of the original (written as yet unsigned) defence?

i seem to be getting conflicting advice here.

Quentin

T

rizla01 wrote: »

Am I allowed to bring any of these points up at court even though they didn't form part of the original (written as yet unsigned) defence?

i seem to be getting conflicting advice here.

From the court order you posted earliet your daughter got which orders her to authenticate a copy of the original defence then she cannot simply send in a new one.

rizla01

Quentin wrote: »

T

From the court order you posted earliet your daughter got which orders her to authenticate a copy of the original defence then she cannot simply send in a new one.

But can points about the improper signage, lack of grace period on exit, et c be introduced at the hearing or is she now screwed.

rizla01

Anyone??........................................

Coupon-mad

rizla01 wrote: »

But can points about the improper signage, lack of grace period on exit, et c be introduced at the hearing or is she now screwed.

Yes, they are evidence that goes with the Witness Statement, and are basic things relating to 'no contract' and 'no breach'.

But I still can't see what the original defence actually said, please repeat it again.

Have you forgotten that I keep saying PE want to cancel this one...you seem very unsure.

Castle

Is this the same PCN?:-
http://forums.pepipoo.com/index.php?showtopic=118180

rizla01

Coupon-mad wrote: »

Yes, they are evidence that goes with the Witness Statement, and are basic things relating to 'no contract' and 'no breach'.

But I still can't see what the original defence actually said, please repeat it again.

Have you forgotten that I keep saying PE want to cancel this one...you seem very unsure.

Hi CM.
I did post the original defence (as best as she could remember ) but was told to remove it as PE follow this page.

It was simply I came, parked up - drove to KFC and got my food and left.
Not a defence at all (This was entirely out of my hands)
I do hear that you feel PE want to cancel this one but their response to the poor defence is informing her that any additional defence will not be permitted unless form xxx is submitted with a fee (of £255 I learn) paid

I have now drafted a new defence and will hope that the Court will allow it but not sure how I can appeal to PE to get them to drop it.
I think my only hope now is that if i submit new defence and Judge sends it to PE that they will realise that they will lose - If not then I can only hope that pointing out the omissions by PE (Grace periods & Double park) will suffice if they can be pointed out to the judge as that are already evidence.
Poor signage Etc will have to be ignored (Tho i shall obviously try)

Would you agree?

Coupon-mad

I really don't think she should try to pop a new defence in, I think she should sign the old one.

Then at Witness Statement stage, she can show evidence of no signs at KFC, and say what actually happened (the car was moved, two parking events).

She should email a robust response to PE today telling them more about the 2 parking events, and pushing them to cancel because their own evidence shows no signs at KFC - after all, the fact she went to KFC WAS in her defence!

I reckon that's why they want to cancel, because they know the KFC and parts of the car park are unsigned.

We've seen several cases rescued at WS/evidence stage from a VERY basic defence. Can be done, if worded carefully.

Quentin

The op did post (but subsequently deleted) the exact wording of the court order which was clear that a copy of the original defence should be forwarded properly signed with a statement of truth otherwise she would get a default ccj against her.

The original defence had been forwarded to pe.

The OP has been urged to contact pe to point out why they are on a sticky wicket ( as cm advised way back around December 12, but as you will see just won't! ( Referring to the winning points as "moot" in his opinion)