Court Claim Form N1 Received for PCN 18 months ago

Coupon-mad

Aha, so the answer quoted was correctly talking about the DQ form.

The WS is much more important, and evidence perhaps even more so, to supply to the court in a file with separate numbered pages, a contents page, and evidence also numbered to match the WS statements.

Can still be done this week, being late won't be likely to matter.

tonkasdog

Hi guys,
Thanks so much for this, I have read that being a few days late won't jeopardise things too much. I hadn't realised that evidence was so important and haven't looked on the newbies section for it, I'll find some time from somewhere to get a bundle together and send to the court ASAP.
I'll keep you updated

Coupon-mad

OK good, you need to evidence what your WS says, about signs, about liability, about the POFA, about any right to park - everything.

Quentin

Haven't you already sent in your WS to Court via email?? (As mentioned in an earlier post today)

tonkasdog

Can I just ask where about on the newbies thread the evidence examples are?

tonkasdog

Yes, sent the WS to court via email earlier today but the deadline is 4pm tomorrow so could still run it up there tomorrow or send the additional info a few days late

Coupon-mad

Can I just ask where about on the newbies thread the evidence examples are?

Why not search it for the word 'evidence' or the words 'witness statement'? Control and F

It's in the second post which is all about what happens when, in court claim cases.

Quentin

tonkasdog wrote: »

Can I just ask where about on the newbies thread the evidence examples are?

See #85 above!

tonkasdog

Am I right in thinking this is the evidence example you where talking about?

5. Parties exchange Witness Statements - these are factual, they are not for legal argument. You would deal here with things like the fact that x people are insured to drive the car (and exhibit the insurance), that the parking event was so long ago nobody can remember who was driving and the PPC is unable to provide any evidence of who the driver was. You might also deal with the lack of evidence provided by the PPC to back up its claim, breaches of the ATA Code of Practice, and if this is an inadequate signage case you'd also deal with the facts of that. You might also complain in your WS about how the PPC has not followed proper procedures and still hasn't evidenced things like landowner contract etc, but stick to the facts. Exhibit documents to which you refer in the WS. If you have other documents you want to rely on (that aren't exhibited to the WS) you also exchange these at this stage. The forum refers to this as the "Defendant's bundle".

tonkasdog

Or this


(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
(b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.
(c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen to the point of parking.
(d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.
(e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.
(f) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
(g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.
(h) the IPC or BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).
(i) a Pay & Display ticket if you have it in such a case, e.g. if arguing it was displayed. DO NOT ARGUE 'no loss'!