Late for replying to Claim Form

DefiantNewbie

hi Quentin, my initials are not O. O

DefiantNewbie

it is not the correct PCN, I changed it on the uploaded file

DefiantNewbie

fyi, here are some of the pictures I took from site, https://www.dropbox.com/sh/mhtei0ggwqoiwqj/AABuuOIbfZIJMzxgraaGwMLpa?dl=0

do you think if I manually deliver the files to Court on Monday I got a chance the court to lodge it for me ?

Coupon-mad

DefiantNewbie wrote: »

and the the court wanted the statement 14 days before the hearing ...shoot! anything i could do now or is it a lost case already ?

No. Never too late. It's not clever of you but you need to rescue it and stop asking us.

do you think if I manually deliver the files to Court on Monday I got a chance the court to lodge it for me ?

Do your WS tonight and on Sunday, and serve & file it on Monday, with your evidence. Take it in person to the local court in a file, with a contents page, and all pages numbered. Email a copy of everything to Gladstones FIRST, then print off those 'sent' emails and include them at the back of the file, to prove service.

On the front of the file or ring binder, put

DEFENDANT'S WITNESS STATEMENT AND EVIDENCE - COURT COPY - CLAIM XXXXXX - HEARING ON XX/XX/18

Search the forum for late witness statement. Here's one where Johnersh gave advice on a late WS, and the person still won:

https://forums.moneysavingexpert.com/discussion/comment/74419132#Comment_74419132

Examples of WS and a list of typical evidence, to help you think about what to present, is in the NEWBIES thread, post #2.

How can the client/landowner be a person called Kabir Hussain? Sounds fishy to me. I smell a rat.

Who is that person, it says that individual is the landowner but is that what the Land Registry record says? It would be £3.50 well spent if you check the landowner tonight online with the LR, and find it's not a chap called Kabir Hussain! You could then put that in your WS...and a printout as evidence.

System

How can the client/landowner be a person called Kabir Hussain? Sounds fishy to me. I smell a rat.

A sensory opinion may not be enough in court. However if you look at the planning application for the site (Planning Application - 2017/07049/PA), the applicant is Kabir Hussain. The application is for a car park and a Taxi office.

The OP may want to do a very tight WS about the signs and their pics. The issue is that they say he didn't pay within 10 minutes but there are no pics in the pack to prove it. All the windscreen pics are within a few minutes of each other and not 10 mins apart.

Has the OP proof of payment for the day as it will turn on being able to prove payment or at least convincing the judge of their honesty if they have no proof.

DefiantNewbie

Ok thanks all, work on this all day, there is a ticket for whole day, I thought to argue that sign is worn out and the part that mentions £100 among other details is not visible therefore driver could not bound by it... The fact it is too high for naked eye?

System

I thought to argue that sign is worn out and the part that mentions £100 among other details is not visible therefore driver could not bound by it... The fact it is too high for naked eye?

The sign which is the contract has no requirement for you to pay within 10 minutes - only to pay.

Do a short WS and have the evidence of paying. Add in a list of costs for your time on two levels - your ordinary costs for the day (up to £95) and a further £200 for harassment and misuse of personal data.

Send it over to Gladstones and the court AND get proof of posting. In they decide to take it forward the legal rep will check the Gladstones nonsense and pretend not to have received your Witness Statement so have proof you sent it and take a copy on the day.

Your case to lose.

Umkomaas

I've re-read the thread and I think you need to be aware of a few points.

The defence you seem to have submitted contains inaccuracies like quoting the BPA Code of Practice (when EPS are governed by the IPC Code of Practice) and switching from EPS being the Claimant to Civil Enforcement Ltd as the Claimant.

I don't think it's fatal, but you need to be aware of the discrepancies, and at least have some form of answer should the Judge or the Claimant's legal rep pick them up.

I may have missed it in reading through, but looking at the EPS case, it is one of you displaying an out-of-date (by around 3 weeks) ticket when they targeted your vehicle. You say you went to purchase one for the day in question, do you still have that ticket?

DefiantNewbie

Umkomaas wrote: »

I've re-read the thread and I think you need to be aware of a few points.

The defence you seem to have submitted contains inaccuracies like quoting the BPA Code of Practice (when EPS are governed by the IPC Code of Practice) and switching from EPS being the Claimant to Civil Enforcement Ltd as the Claimant.

I don't think it's fatal, but you need to be aware of the discrepancies, and at least have some form of answer should the Judge or the Claimant's legal rep pick them up.

I may have missed it in reading through, but looking at the EPS case, it is one of you displaying an out-of-date (by around 3 weeks) ticket when they targeted your vehicle. You say you went to purchase one for the day in question, do you still have that ticket?

Thanks Umkomaas, yes I have the ticket for the day , I have now a clear picture of it (expiring 23:59 of 16/05/17) I will upload it to dropbox, also the original must be somewhere in the house.

System

I have now a clear picture of it (expiring 23:59 of 16/05/17) I will upload it to dropbox, also the original must be somewhere in the house.

This is where EPS are taking the mick. Where there is a P&D on an hourly rate paying after 10 mins is robbing the landowner of revenue as the driver is getting "extra" time. But if you are paying late but paying for a full day, there is no loss of revenue and attempting to penalise the driver for no loss at all is taking the case to extremes not within the rationale of the Beavis case.

In the Beavis case, the overstayer was taking advantage of the rules but in this case there is no advantage to be gained in paying late as you pay for the whole day.