N1SDT Claim Form Recieved - No communication up to this point

Denji11

Hi All,

So... court tomorrow.

I think I have everything I need including defence, witness statement and evidence x 3 as well as the claimants WS etc. Also a schedule of costs incase I pull it off.


Just been reading through the whole procedure; I am going to the court alone therefore will be representing myself, is there anything else in particular I will need to do because of this ? I have been reading about challenging their right of audience but do not really understand if I am allowed to do this?

Thanks for everyones help in getting me this far.

and

Umkomaas

Good luck for tomorrow, look forward to hearing of how it goes.

Also a schedule of costs incase I pull it off.

Have you sent a copy of that to the court and the claimant and solicitors? If not whip it off now via email.

I have been reading about challenging their right of audience but do not really understand if I am allowed to do this?

Frankly, if you don't understand this - top to bottom - I'd steer well clear. Even if the Judge agreed with you, it doesn't stop the case - in all probability he would take over the role of the claimant's advocate, and is likely to come from a much sharper part of the knife drawer!

Coupon-mad

Some good tips about how to conduct yourself in court, and to get there early to get through security and to help you relax, and what might happen when you get there is in this thread:

https://forums.moneysavingexpert.com/discussion/comment/74569817#Comment_74569817

If a rep turns up and wants a 'chat' in a side room then you don't, thanks very much.

And if they ask what the main thrust of your defence is, while still outside the court room, I'd say ''haven't you had time to read my defence and Witness Statement on the train then? That's your client's problem for issuing robo-claims and not bothering to turn up themselves - see you in front of the Judge.'

Denji11

Thanks all, just send the schedule of costs and reading up on the tips.

I've just had a bit of a scare... I sent the bundle (WS & Evidence) to the court directly and Gladstones (and spoke to them on the phone) for them to file and send on to UKCPM.

I have just realised I should have directly sent to Glads, UKCPM and the court right ? Would they have potentially not sent on thus putting the case at jepoardy ?

I've got the evidence of me sending to Glads so will print and take that as well.

Thanks!

KeithP

Just sending the WS and evidence to the court and Gladstones is fine.

You had no obligation to send it to UKCPM.

In fact, your Claim Form tells you where to send documents for the other party.

Coupon-mad

Denji11 wrote: »

Hi All,

So... court tomorrow.

I think I have everything I need including defence, witness statement and evidence x 3 as well as the claimants WS etc. Also a schedule of costs incase I pull it off.


Just been reading through the whole procedure; I am going to the court alone therefore will be representing myself, is there anything else in particular I will need to do because of this ? I have been reading about challenging their right of audience but do not really understand if I am allowed to do this?

Thanks for everyones help in getting me this far.

and

How did this go?

LewiiiD won his case:

https://forums.moneysavingexpert.com/discussion/5894398/ukcpm-take-two&page=2

48 'parking' related cases we know of yesterday.

Denji11

Hi All,

Sorry for late response.... I ALSO WON !!!

Thank you for all your help everyone who read and posted on here. Couldn't have done it without you.

In a nutshell, Gladstones Solicitors didnt turn up so it was just me and the Judge this made me feel more comfortable as there was nobody there 'against' me as such.

The judge stated the aim was to prove the claimants claim valid/invalid rather than prove my defence so he began going through their witness statement. He picked up on a few points the first being the parking enforcement agreement between UKCPM and the landowner of where my vehicle was parked, the main things identified:


1. There wasnt specific land described as in square meteridge nor a clear map or indication of what they managing, just a post coded address.

2. There were no printed names on the agreement of a person or business and only a signature which was indecipherable.

3. This in his opnion was just not good enough to warrant a parking charge

But furthermore on the actual PCN which I recieved in the post it stated "parked in a manor whereby the owner became liable for a parking charge at xxxxx road".

There was no further detail of where this occured just a road name, he continued to ask how long the road was and if you could park anywhere at all on the road. The judge also questioned the single time stamp and no duration of time being displayed on the PCN.

The judge seemed to have made his mind up before even touching my defence to be honest. He referenced a few parking acts and paragraphs which I didnt note down quick enough one was paragraph 8.2a of The Civil Enforcement of Parking Contraventions (I think). Happy to get any trans scripts and post.

Also got approved on my schedule of costs

Thanks Everyone !!

Umkomaas

Well done you. Excellent result.

Happy to get any trans scripts and post.

You won't get a transcript, just a copy of the judgment - not much more than a one-liner confirming the dismissal of the claim.

Transcripts can be available, but you have to pay for a copy. But they are extremely expensive, so much so, it would probably have worked out cheaper to pay the charge than buy a transcript.

Unless the judgment was of an unusual nature, the purchase of a transcript is of little value.

Glad you got your costs agreed by the Judge.

Coupon-mad

The judge seemed to have made his mind up before even touching my defence to be honest. He referenced a few parking acts and paragraphs which I didnt note down quick enough one was paragraph 8.2a of The Civil Enforcement of Parking Contraventions (I think). Happy to get any trans scripts and post.

Also got approved on my schedule of costs

Yay well done! Another one bites the dust!

Which court and Judge's name (if you got it)?

Denji11

Hi everyone, again!

This is hillarious but another PCN has been recieved from UKCPM from the exact same spot when I was gathering evidence for this original PCN! You couldn't write it....

I appealed this directly to UKPCM who have dismissed it; looks like a new thread will be getting started.... all the notices are exactly the same so I think if it went to court again based on the arguments in the last one and the what the judge stated it should win.

I am in two minds with it all however due to the time and effort from the last one (probably actually cost me more with lost work hours etc).. they are just like annoying flys around s**t!

Anyone had any experience with another ticket in this scenario before ?


And @coupon-mad I will try and find that info for you... didnt write it down but it should be on the dismissal letter.

Many thanks all