Taken to court by UK Parking Control Ltd

bargepole

The issue here is going to be the late WS, as the Judge has already thrown it out for lateness.

I'm going to disagree with Emanresu, if there is no application for relief, it's likely that the Judge will simply say that the Defendant has no evidence, no case, and award Judgment to the Claimant without looking in any more detail.

The application for relief should follow the 3-stage test set out in Denton -v- TH White Ltd [2014] EWCA Civ 90:

(i) Was the breach serious? To answer this, you would have to consider whether the Claimant was disadvantaged by late service - probably not.

(ii) Why did the breach occur? The fact that the Defendant was busy at work is not a valid excuse. Maybe say that this was the first time the D has been involved in a court case, and failed to understand the significance of the directions.

(iii) The overriding objective - that litigation should be conducted efficiently and at proportionate cost. If the court were to allow the D's WS in to the case, that would meet the objective.

But overall, this one doesn't look too promising.

System

But there is evidence in the Claimant's pack. The OP can agree the bulk of the facts - the driver, the location and the times. The Claimant's pack hasn't been thrown out.

But it is clear from the UKPC contract that UKPC were time limited.

But as we both have hinted it is a long shot but what is the alternative for the OP but either to settle or take a chance or take his lawyer friend with him.

owais12

IamEmanresu wrote: »

But there is evidence in the Claimant's pack. The OP can agree the bulk of the facts - the driver, the location and the times. The Claimant's pack hasn't been thrown out.

But it is clear from the UKPC contract that UKPC were time limited.

But as we both have hinted it is a long shot but what is the alternative for the OP but either to settle or take a chance or take his lawyer friend with him.

- Do you know what happens once I don't hand my statement for relief from sanctions in? will a new date be generated. I will ask the courts on Monday too.
- Also, can I create my own written defence to use in court around their evidence?
-Can NOTHING new be added in this case ... such as citing the BPA code of practice ... as that in not in their evidence at the moment?
- Can I add new evidence into my witness statement if I apply for relief?
- Finally, will the same judge hear my case?


My aim at the moment is to have the lawyer friend call SCS on Monday and most likely not ever for relief as it costs £100-£250 (not sure which applies yet) and is unrecoverable to my understanding.

owais12

IamEmanresu wrote: »

As it stands, the only argument you have is that their contract is time specific which is what the other judge used.

They could try to send in new letter which shows that the contract as drafted was not what the client intended but they can't do that if you are not allowed (Denton) to introduce your WS. So IMHO it would be better not to apply as it opens the gates for them. Have the matter decided on the papers in front of the judge (theirs) and reject any attempt from them to "fix" the error in their contract.

With UKPC it is always the contract. For some reason, they don't appear able to draft these properly.

Are you sure they cannot add new information as long as I don't enter for relief?
Could they not enter for relief even if I do not?

Coupon-mad

They won't apply for relief.

They will try to foist the email into the case, but if you can't file a late WS then they certainly can't file an extra email dated this week that does not say when the contract - purportedly - ''evolved'' (the other day, on a whim, how and when?
Who cares - it's too late for them to bolt that onto their case).

IamEmanresu and bargepole, how about the OP files & serves a skeleton argument with a covering letter saying he will not be applying for relief from sanctions and relies purely on his defence and the fact the Claimant's own evidence shows they issued PCNs outside the 7-7 time they were allowed to enforce.

Skelly attached, setting out his legal argument and citing the recent decision by DJ xxxxxx in claim xxxxxxxx, UKPC v xxxxxx (his friend).

And asking for an oral hearing so he can at least question the Claimant about their contract, and their evidence, which does not disclose any cause of action.

System

The issue here is going to be the late WS, as the Judge has already thrown it out for lateness.

I'm going to disagree with Emanresu, if there is no application for relief, it's likely that the Judge will simply say that the Defendant has no evidence, no case, and award Judgment to the Claimant without looking in any more detail.

The application for relief should follow the 3-stage test set out in Denton -v- TH White Ltd [2014] EWCA Civ 90:

(i) Was the breach serious? To answer this, you would have to consider whether the Claimant was disadvantaged by late service - probably not.

(ii) Why did the breach occur? The fact that the Defendant was busy at work is not a valid excuse. Maybe say that this was the first time the D has been involved in a court case, and failed to understand the significance of the directions.

(iii) The overriding objective - that litigation should be conducted efficiently and at proportionate cost. If the court were to allow the D's WS in to the case, that would meet the objective.

But overall, this one doesn't look too promising.

I failed to understand what Bargepole was saying. Follow what he says about putting in a request for relief.

The key point is that if there is no application, it could simply be a rubber stamp win for VCS (despite the evidence of times) so the OP has to follow process - the bit I've missed. Bargepole has provided the structure and what to say/what to avoid. You have to sell the idea that the process (and the relief process) is unfamiliar to the Litigant in Person (you).

If it gets past this stage, then the Skelly can go in as you will have a new date.

owais12

IamEmanresu wrote: »

I failed to understand what Bargepole was saying. Follow what he says about putting in a request for relief.

The key point is that if there is no application, it could simply be a rubber stamp win for VCS (despite the evidence of times) so the OP has to follow process - the bit I've missed. Bargepole has provided the structure and what to say/what to avoid. You have to sell the idea that the process (and the relief process) is unfamiliar to the Litigant in Person (you).

If it gets past this stage, then the Skelly can go in as you will have a new date.

Ok - I'll work on the application today/tomorrow. Do I have to enter EXACTLY the same witness statement or can I add in my friend's case as precedent? or is it just something I can mention verbally during court?

Coupon-mad

Hmmm that's hard to answer as you want the Judge onside.

bargepole

owais12 wrote: »

Ok - I'll work on the application today/tomorrow. Do I have to enter EXACTLY the same witness statement or can I add in my friend's case as precedent? or is it just something I can mention verbally during court?

I think you're missing the point here.

What you have to do is file an application for relief from sanctions, on form N244, and pay the relevant fee.

This is not concerned with the content of your WS, it is purely a procedural matter about whether or not your WS can be admitted into evidence despite the late service.

Trying to amend it still further at this stage will only muddy the waters. Your friend's case may be a persuasive precedent (but not binding) which can be mentioned at the next hearing.

On your other question about whether it will be the same Judge, that depends on whether he said he was reserving the case for himself. If he didn't, it will be randomly allocated to the next available Judge when it goes back to court.