Will they go to court or not?

rizla01

Quentin wrote: »

The ws is covered in depth in the FAQ (as advised in #48)

Struggling here.
I couldn't find mention of it.
Not sure where the Q&A's are even.

Is there a chance someone could help me out by copy/pasting that part so i know what the next stage wil be please.
I would like to know before sending off the amended (as original) defence statement.

Crabman

Two threads have been merged.

Coupon-mad

rizla01 wrote: »

Thanks Quentin.
Still unsure about how my daughter (Defendant) can put forward a witness statement tho.
Is this just normal procedure to allow numbered and DETAILED defence facts to be put forward by her over and above the defence facts?

Yes, it's a normal stage, WS and evidence (as mentioned in the NEWBIES thread second post). Before the hearing.

When does the witness statement stage happen?

This is explained in the NEWBIES thread post #2 but when she gets sent a hearing date the letter will tell her when she must exchange WS and evidence with the Claimant. Usually not later than 14 days before the hearing.

Obviously there are no witnesses to this case

Obviously there is - her! When she fills out the N180 DQ, she ticks the box that there is just one witness (her).

but I thought that the defence is read by the judge and weighed up against the LBCCC and decide upon.

No, not at all. There's a hugely important evidence stage to go through and this CAN be rescued, IMHO.

DO NOT try to alter the defence, just get her to sign and date it under a 'statement of truth'. Claim number at the top.

DO email PE's enforcement team AGAIN and AGAIN to rattle their cage (in her name of course, ''as her''). Not as you.

Quentin

rizla01 wrote: »

.....I would like to know before sending off the amended (as original) defence statement.

Did you re-read the court order your daughter got as suggested in # 82 ?


Sending an amended defence statement is contrary to the court order she got!

rizla01

Putting together my Email letter to PE I was intending citing my Double Parking Event as part of my defence but I cant seem to find where it says that makes any difference.

Also finished letter - where would I post it for critique if PE scour these pages?

rizla01

Quentin wrote: »

Did you re-read the court order your daughter got as suggested in # 82 ?


Sending an amended defence statement is contrary to the court order she got!

Yes. I will try to stick with the original as best as poss and hope for the best. I shall add a covering letter apologising and explaining that.

KeithP

You post it here, with any sensitive information hidden.

KeithP

rizla01 wrote: »

Yes. I will try to stick with the original as best as poss and hope for the best. I shall add a covering letter apologising and explaining that.

What's all this 'I'?

Reading your posts, it is easy for one to think that you are not writing on your daughter's behalf.

You, or your daughter, cannot afford that slip-up too.

Please make it clear here that you do understand that everything written must be in your daughter's name.

rizla01

Here is a copy of the draft letter to be sent to PE.

Dear Sir/Madam,
I do not intend to pay you any money because I maintain that this claim has no basis and that there is no debt. Moreover, since you are now in receipt of further information, as you indicated in your letter to me dated 2nd November and then repeated on 23rd November, I believe that you too, recognise just how futile your position is.

If as you suggest in your ‘Reply to Defence’ letter, that you are concerned about wasting the time of the Courts, you may wish to consider the following points:-

1) You have referred to ‘Grace Period’ for deciding if and where to park but then make no mention of the length of time allotted for this procedure. As you will be aware section 13.4 of the version 6 BPA Code of Practice states - You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes. I would expect a similar amount of time for stopping my car somewhere, walking over to the sign and reading it, digesting it and returning to my car and then deciding whether I wish to be bound by those terms & conditions. I think a judge would rule that it is reasonable to assume that the alleged 18minutes overstay will easily cover both ‘Grace Periods’.

2) You state that the number of parking notices are adequate and are suitably displayed yet this is clearly not the case as is demonstrated by your own ‘Signage Layout Plan’ as there is no signage at the top of the parking area, where I parked my car. I was certainly not aware at the time of parking, that there were any restrictions to parking in this area and this was definitely not the case on my previous visit to Matalan a year or so earlier. It was only on return to my car that I became aware of any sign as it was only viewable one side. Having spent time reading the very small printed terms & condition, I then proceeded to leave, in the knowledge that I had plenty of time to spare.

3) The fact that I also moved my car during this time to the KFC area also constitutes a ‘Double Parking Event’.
It is clear from Schedule 4 of the POFA that (whether a case relies on that Act or not) the clear intention of Parliament was to not allow private parking firms to add two parking events together as happened when the car was moved away from the shops to a completely unsigned area such as the KFC, to concoct a parking charge as if the driver overstayed when shopping!

4) Parking signs are not displayed in the area of KFC (clearly seen from your ‘Signage Layout Plan’) and as the road surface is completely different in finish and colour, to the rest of the parking zone, It is therefore not unreasonable for anyone to imagine that they had now left the restricted parking area. The fact that KFC were very busy at this time of day also meant a further delay in leaving the area which was completely beyond my control and for which further allowance should be made.
In light of the above, along with the other points raised in my defence, I have demonstrated that this claim has no realistic prospect of success and the claimant is invited to withdraw the claim with no order for costs. This is a "drop hands" offer to settle, with each party bearing their own costs. The offer is available for acceptance for a period of 14 days from the date of this email.

I look forward to your reply

Quentin

rizla01 wrote: »

Yes. I will try to stick with the original as best as poss and hope for the best. I shall add a covering letter apologising and explaining that.

But the court sent your daughter the copy form they wanted signing and returning??