First Parking PCN

Coupon-mad

Don’t copy & paste a transcript.  Just merge the PDFs in order, and add page numbers.

1505grandad

Some observations:-

Para 7  -  "(My son) attended the university at the time..............."

Should this be (The driver)...

Para 8  -  "..... grace period allowed by the BPA (AoS) 2020"  -  should be (Code of Practice (CoP))

Para 9  -  typo  -  ‘(breech) of contract  -  (breach)

            -  ".....formed between (myself) and the Claimant....."  -  should this be (the driver)

            -   "....noted in his judg(e)ment that..."  -  no middle "e" in this context

Para 10 -  should exhibit 3 be/include a copy of the ParkingEye sign?

             -  " relevant accredited parking association, the International Parking Community ('IPC').  -  as stated in para 8 the claimant is a BPS AoS member

Para 14 -  ".......the Claimant has added a sum of £80 that is disingenuously described variously as 'debt collection costs'......"  -  is £80 correct?

Le_Kirk

With your paragraph #7, I think you could reword it, as it seems to suggest that you don't/didn't know what was going on.  Surely if your son was using your car to go to Uni, you would know about it and have given him permission to use the car for which you are registered keeper.   Also you say "it is likely" but again, you would know.  I think you should make the point that your son was unloading prior to putting the car in an official parking area rather than just "using the car to take" etc.
In #8 you write that it "does not constitute to parking" surely you just mean "does not constitute to parking".
In #9 you seem to have some spare commas and a surfeit of speech marks, making it confusing as to who said what.
I think you are right to include the redacted "contract" as evidence that the parking company did not have permission to even be there.

Fruitcake

Have you received the claimant's WS? If so, please show it to us. Only redact YOUR personal data.

Your exhibit XX-03 refers to be the Beavis sign, but shows something different.

Exhibit XX-09 only has a title with no content following it.

Some of the signs in your WS are stock images, so you should aver that they are not actually present at the location in question and put the claimant to strict proof that the contrary is true.

Where you refer to the Jopson vs Homeguard case, point out that it was heard in the Appeal Court and is therefore persuasive on the lower courts.

zipadee

1505grandad said:

Some observations:-

Para 7  -  "(My son) attended the university at the time..............."

Should this be (The driver)...

Para 8  -  "..... grace period allowed by the BPA (AoS) 2020"  -  should be (Code of Practice (CoP))

Para 9  -  typo  -  ‘(breech) of contract  -  (breach)

            -  ".....formed between (myself) and the Claimant....."  -  should this be (the driver)

            -   "....noted in his judg(e)ment that..."  -  no middle "e" in this context

Para 10 -  should exhibit 3 be/include a copy of the ParkingEye sign?

             -  " relevant accredited parking association, the International Parking Community ('IPC').  -  as stated in para 8 the claimant is a BPS AoS member

Para 14 -  ".......the Claimant has added a sum of £80 that is disingenuously described variously as 'debt collection costs'......"  -  is £80 correct?

Thank you for your comments. I have made the changes as per your observations. I have looked back at the LoC and the sum added is actually £60. A little confused as original charge was £80 and amount claimed is £161.06 but this is made up of £80+£60+Interest charge of £21.06.

Also the first recovery company was claiming £160 and the second one DCBLtd was trying to claim £160 which was £100 original charge and £60 on top of that. I guess they are sending out so many letters they are not really paying much attention to the original charge being £80 in this case.

zipadee

Le_Kirk said:

With your paragraph #7, I think you could reword it, as it seems to suggest that you don't/didn't know what was going on.  Surely if your son was using your car to go to Uni, you would know about it and have given hi permission to use the car for which you are registered keeper.   Also you say "it is likely" but again, you would know.  I think you should make the point that your son was unloading prior to putting the car in an official parking area rather than just "using the car to take" etc.
In #8 you write that it "does not constitute to parking" surely you just mean "does not constitute to parking".
In #9 you seem to have some spare commas and a surfeit of speech marks, making it confusing as to who said what.
I think you are right to include the redacted "contract" as evidence that the parking company did not have permission to even be there.

Thanks @Le-KIrk. I have made the changes per your comments. 

zipadee

Fruitcake said:

Have you received the claimant's WS? If so, please show it to us. Only redact YOUR personal data.

Your exhibit XX-03 refers to be the Beavis sign, but shows something different.

Exhibit XX-09 only has a title with no content following it.

Some of the signs in your WS are stock images, so you should aver that they are not actually present at the location in question and put the claimant to strict proof that the contrary is true.

Where you refer to the Jopson vs Homeguard case, point out that it was heard in the Appeal Court and is therefore persuasive on the lower courts.

Thanks @Fruitcake
I have changed exhibit xx-03 to the Beavis sign which I took from robertcox99's WS.

Exhibit xx-09 will be The Recorder Cohen Appeal Decision full transcript and I was asking how best to incorporate this and Coupon-mad has suggested merging pdf documents to get into this document.

The two photos I have included were taken last week at the entrance to car park (exhibit 01 and inside the car park itself (exhibit 02) - I had originally placed a stock image that the claimant had sent as exhibit 03 and I have now replace this with the Beavis sign. The only images from claimant that I have now included are two that show date and time stamps (exhibit 04)

I have not received the claimants WS. I need to send this WS by 9th September (hearing is on 23/09). I am away on a holiday break in UK from 03/09 to 10/09 so was keen to submit my WS before I go away as I do not want to miss deadline. I shall show claimant's WS as soon as I have received.

Thanks

zipadee

Hi

I am planning to submit my WS this evening. Thanks for your comments which I have incorporated. Can I confirm that all I need to send is the witness statement to both the court and the claimant (other party) 14 days before the hearing (23/09) ?

As this is a remote hearing, I also need to supply no later than 3 days before the hearing the documents in point 8. below.

The claimant should also have paid Trial fee of £25 by 4pm on 26 August. Can I assume this has happened otherwise I would have been contacted or is there somewhere I can check ?

Thanks

zipadee

Apologies but I have another question. Should I be sending the witness statement to the same email address I sent my defence to i.e. CCBCAQ@justice.gov.uk. Also do I have to send a copy to both First Parking and DCBL legal or just First Parking ? I have an email address for them when I made a SAR.

Thanks

KeithP

zipadee said:

Apologies but I have another question. Should I be sending the witness statement to the same email address I sent my defence to i.e. CCBCAQ@justice.gov.uk. Also do I have to send a copy to both First Parking and DCBL legal or just First Parking ? I have an email address for them when I made a SAR.

Thanks

The CCBC are no longer involved.

You should send your Witness Statement and evidence to both the court (Hertford County Court?) and the Claimant.
If the Claimant are being represented by a solicitor then the Claimant's copy goes to that solicitor.