Pcn small claim but no defence

Coupon-mad

However throughout my defence & witness statement the driver was never named and I continued to argue the no keeper liability angle....and non compliance with PoFA but not due to PCN dates, only due to never having the PCN/NTD/NTK.

I just hope that I get a fair judge on the day that will allow this.

It's OK, it will be allowed. You can certainly tear into EVERYTHING in their 'witness statement' including the fact the write was not a witness, has never been to the car park, cannot speak from experience of the day and has not even turned up to be cross-examined on their template/always the same, 'robo-witness statement'.

Get the Judge on your side; the fact their 'witness' is not the rep before the court, puts the claimant in a bad light.

You could even do a bit more work the week before the hearing and set out a Skeleton Argument, summarising your defence main points, and add that the Claimant attempted to ambush you with a non-POFA (no keeper liability possible) PCN, after you submitted your WS, and that document supports your main defence.

Add that you will be questioning the Claimant as to why this was ever brought to court, since it is now apparent that non-POFA documents were used outside of the statutory timeline and (with no evidence as to who was driving) the parking operator was NEVER able to hold you liable under any applicable law.

If they do this....can I say they must then pursue the driver who im not obliged to name?

YES! Even if the Judge asks you, say you'd rather not say because you need to protect the driver from this sort of harassment that you have suffered as keeper, you cannot risk the Claimant re-issuing a claim to a named driver so you will not be naming them.

Please now read Stevey's thread as a cautionary tale. A rare loss!

The Defendant was asked directly if she was driving and instead of saying she chose not to name the driver, she said she was, as she was honest. They lost (and the PCN was non-POFA so they would have won if the Judge could not have concluded she was driving).

Please read it now to see how this could (rarely) happen and how to be ready for being questioned.

Show us your skeleton argument (SA) & costs schedule next week. Apart from anything else, a simple bullet point SA assists the Judge to see what your case is, and helps you move on to each point if your mind goes blank. A crib sheet!

Makaveli85

Sorry to jump on this post with my querie but I'm new to this site so not sure what to do. I have done my AOS and emailed my defence letter. The defence letter was acknowledged on the 27/03/18 and still i have not had a reply from CEL or the courts. I keep checking mcol and waiting for letters but nothing so far. How long do they have to reply? Is there even a time limitation for reply? Can someone please help as I can't seem to find any of this in the newbies page. Thanks in advance

SophS

Makaveli85, I'm no expert but I think you just wait, the court will likely send something called Directions Questionnaire, the other side will get one too.

I used the sticky for newbies to help fill mine in. I think Bargepole wrote out what answers you should put in it.

But take a look back at the newbies sticky because there is a What To Do By When section and follow that.

Makaveli85

Can I have a link to this thread if you have one please. Thanks

KeithP

Makaveli85 wrote: »

Can I have a link to this thread if you have one please. Thanks

You don't need a link, you are looking for a thread entitled:
**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

It is one of the first four threads on the thread index page.

Read post #2 of that thread and then if you have further questions, please start a new thread.

Thanks.

Makaveli85

Thanks Keith and soph I will get educated later when i get a chance to sit down again. Thank you both again much appreciated

SophS

I wanted to summarise what the Witness Statement said from the PPC for feedback if that's ok.
(written by a paralegal at BWL under supervision). Upon receiving it, the first thing I did was go to the evidence part at the back to read the original PCN.

Afterwards, I started to read through the pages and as mentioned in post 91 above, it's now clear that BWL is strongly pushing the non-reliance of PoFA to pin liability to the keeper.

In Para 24 of their WS, as no driver details were given they will presume that the keeper was driver supported by Elliott V Loake 1982.

Para 25, they also place reliance on this on CPS v AJH films to support. (my WS rebuts this case with Launchbury in post 88 above).

Para 26 as CPS v AJH relates to companies, they argue the same principle can be applied to individual registered keepers.

Para 27-32 all about signage and entering into a contract.

Para 33 "Claimant does not rely on PoFA in this matter and therefore any submissions on the same are irrelevant" . yup this worries me.

Para 34 & 35 grace periods

Para 36 to 38, the charges and cited Parking Eye v Beavis re £100 is a reasonable sum to charge.

Para 39 to 41 defendants conduct (eg did not respond to all their letters).

Para 42 & 43 conclusion outlining costs keeper must now pay.
£100 principle balance
£16.42 interest
Costs in the schedule of costs (which I received a day or two after the WS) which I want to go into below.

Total on POC was £245.42
Total on WS £270.42
Total on Schedule of costs £460.00

it seems to be going up with every letter

SophS

Also wanted to ask if anyone who was self-employed/ paid by the job can enter a schedule of cost and how this is proved usually.

I read somewhere the maximum a court would award for a counterclaim is £95 but apart from the cost of perhaps travel/parking/printing/stationery, I don't know how to detail loss of earnings when I earn through orders I receive.

System

it seems to be going up with every letter

It's the sign that they are relying on fear (your fear) rather than facts. Send them a drop hands offer so they don't waste their or the court's time.

The AJH Film nonsense just adds to their clowning around.

Redx

SophS wrote: »

I read somewhere the maximum a court would award for a counterclaim is £95 but apart from the cost of perhaps travel/parking/printing/stationery, I don't know how to detail loss of earnings when I earn through orders I receive.

NO , THAT IS THE COSTS ORDER, NOT A COUNTER CLAIM , PEOPLE MIX THESE UP ALL THE TIME


the typical £95 is the costs you claim with the costs order if you win, but can be more if you have proof of earnings etc , so you need to back up the costs order with your proof (evidence)


look at the LOC123 examples as she did something similar in her MCOL case


a counter claim is what you would have put in with your MCOL defence and paid a fee for the counter claim at the time you made the counter claim, so when you did the AOS and defence etc