Link Parking / Gladstones - unclear signage Court Defence by 23 July

bargepole

psdie wrote: »

Mid Dec = Hearing date at Magistrates Court

Why is this at the Magistrates' Court? Are you accused of a crime as well?

I think you need to read that notice more carefully - these hearings are held at the County Court.

psdie

Yep is County Court - lists Magistrates Court within the address because same building - I've updated my notes (and the post) to refer to it correctly, thanks!

psdie

Castle wrote: »

Paragraph 10-"claim for interest" makes no sense as it refers to a claim being issued on 5 August 2016!

Well spotted thank you Castle! And a good thing it's wrong as otherwise should have been redacted. I can confirm that's over a year before the PCN issue date (wrong day and month too), so great evidence for the Judge that Gladrags haven't applied reasonable care

psdie

My notes say: once court has been assigned, can potentially write letter to them requesting "summary strikeout with no hearing" at no charge under "CPR Rule 1.4(2)(c) and Practice Direction 26, paragraph 5.1, namely to summarily dispose of issues which do not need full investigation and trial. The court’s powers include striking out a claim (or part of it) under CPR Rule 3.4 and Summary Judgment under CPR Rule 24.

That's based on this post from Loadsofchildren. Worthwhile do you think, or waste of time?

Also, has there been any progress or useful new quotes RE Sir Greg Knight MP's 'Parking (Code of Practice) Bill', which I referenced in my Defence? Hope that's progressing nicely so we can put an end to nonsense claims like this one from Gladrags!

System

Summary Judgment under CPR Rule 24 has always been available without the Parking Bill but there is a court fee attached to getting it. Courts are not free.

Have only even see two companies use it / try to use it. The first is ParkingEye and the other is TPS (though that died a death)

But if you have the money, then try it.

psdie

Hi IamE - Loadsofchildren mentioned the option to ask the court to strike the claim out of its own violition:

There is no harm in asking the court to strike out. But the application fee is £255 which is excessive. If you won you'd get these costs back. You apply on Form N244 (google it you'll find a link) and you have to include a draft order saying what order you want the court to make (you can copy this from the orders which are on the Prankster's blog (don't forget to include a costs order) and your evidence in support (which is basically your letter).

HOWEVER here is the good news: Under the CPR the court has the power to make an order of its own volition, without an application. Alternatively it has the power to treat a letter from you as an application without requiring a formal N244 application (and the fee). So yes, write to the court and ask it to make an order - it's worth trying.

That's what I'm wondering is worth trying in my situation - agreed £255 for formal N244 request is too much of a gamble!

psdie

Hi all - about to file amended Defence by 4pm (another crazy busy work week, ugh). I presume this can be sent by e-mail as previously - is it the same CCBCAQ@Justice.gov.uk address, or a special one for the specific court? There's no e-mail listed on the instruction letter. Thanks.

EDIT: Googling turns up 2 different court specific addresses: e-filing.LOCATION.countycourt@justice.gov.uk (listed on Court Finder as "Enquiries" / "Civil queries") and e-filing@LOCATION.countycourt.gsi.gov.uk (local info site) - anyone know which is likely correct? A pity it's not just listed on the instructions.

psdie

Hi all - submitted revised Defence previously, plus Document Bundle last week (built via BundleDocs.com and inc photos, key legal references, etc). Claimant has paid the court fee and posted me a copy of their WS / doc bundle on 12th (arrived 13th), despite being due on 7th so they were late and had the benefit of seeing my bundle first. I now need to prepare and submit the Witness Statement by Weds (final step before early mid Dec CC hearing) and would appreciate advice.

For starters, advice please on how to prepare the WS as a description of what happened without identifying the driver? I have not identified the driver (despite claimant pretending to know otherwise based on guesswork), which ensures cap of the claim to the PCN amount. What's the best way to present statement without identifying the driver (and obviously without making any false statements)? During 2017, another person was insured on my vehicle and was the primary driver of the vehicle.

I will scan a redacted copy of the claimant's WS and add a link here. Thank you in advance!

Coupon-mad

I think you just say what you know as keeper, and you can talk about the poorly signed car park (or whatever) based on local knowledge.

No need to say who was driving but state that the car was insured for more than one person and attach your insurance as proof (with names redacted).

Remember now this is at local court stage, you can't file things by email to the court.

psdie

Thank you CM - yes statement as Reg Keeper; but I do need to communicate the reason the driver was confused by signage - i.e., didn't see entrance sign obscured behind vehicle park in front of it (no copy in their evidence, shown as obscured in photo they handily included in their WS!), instead read the big sign right next to the parking space that said unrestricted parking.

What if the judge directly asks for identification of the driver? Can I reasonably request not to answer the question as would remove POFA protections, and claimant has no right to the info as a private company?

Here's the redacted Witness Statement from LP (inc some handwritten notes).

In addition to this, they included: a) close-up photo of the sign hidden in bush around corner 8 spaces away, b) PCN copy, c) NTK, d) photos of vehicle in space (showing blurry sign in hedge at night), e) GLS LBC letter, f) copy of our e-mail trail, including my full appeal (which they refused to hear pre-NTK) and unanswered requests for basic info, g) copies of 2 of my own (helpful!) photos - vehicle next to unrestricted parking sign, and Google Maps image showing obscured entrance sign.

I'll add some notes below on the LP WS shortly.