Just received Letter of Claim

trotbot

Only a few days to spare, but that's life I'm afraid. Please feel free to read and comment. No obligation to either for that matter. Plenty of advice has been gratefully received. 

Coupon-mad

I can't see you've put the Claimant to strict proof of the boundaries and parking restrictions and other details in a contract flowing from the landowner.

Or are the PPC the landowner?  I doubt it but you've called the Claimant the 'landowner' here, presumably by mistake:

5. The driver parked then exited the car park via the walkway at approximately 18:10 (marked E and D on exhibit EX-01). At the time, the driver was unaware of any binding contract between themselves and the landowner.

trotbot

@Coupon-mad - I was on the fence on this one, pardon the pun, but you are are quite correct. The 'enforcement agreement' they included does not detail boundaries or parking restrictions. Merely a signed schedule and the T&Cs. I have inserted para 9 to correct this.

'Landowner' - Yes that was an error, thank you for the heads up.

Coupon-mad

Looks to have covered all the bases now.

1505grandad

Pedantic observation  - bottom of page 16 you have tilted "Judgement"  - should be "JUDGMENT" as in the contents list.

trotbot

Served and filed; thank you for all your help.

I'll report back in a month's time

trotbot

Update:

The directions hearing was a waste of time and annoying. The judge didn't read all our witness statement and the claimant's witness statement has "disappeared". The claiment also used a different representative to the one who produced the witness statement.

The judge even suggested it was our responsibility to find the car park signs and that he advised we settled before going to hearing.

We have just received our hearing date which states that the claimant can re-file their witness evidence, but do not have to re-serve.

Covid has played into the hands of these thieves as they only need to pay a litigant in person to sit at home and attend via phone or video conference. I am utterly dissapointed in a judiciary system that allows these !!!!!! to prey on decent law abiding citizens.

Snakes_Belly

trotbot said:

Update:

The directions hearing was a waste of time and annoying. The judge didn't read all our witness statement and the claimant's witness statement has "disappeared". The claiment also used a different representative to the one who produced the witness statement.

The judge even suggested it was our responsibility to find the car park signs and that he advised we settled before going to hearing.

We have just received our hearing date which states that the claimant can re-file their witness evidence, but do not have to re-serve.

Covid has played into the hands of these thieves as they only need to pay a litigant in person to sit at home and attend via phone or video conference. I am utterly dissapointed in a judiciary system that allows these !!!!!! to prey on decent law abiding citizens.

Well it's not over until the fat lady sings and you could have a different judge next time. 

I do understand what it is like to gear yourself up for the hearing only to find that there is no final outcome. Stay positive and just keep reading over your notes to keep it fresh in your mind.

beamerguy

Covid has played into the hands of these thieves as they only need to pay a litigant in person to sit at home and attend via phone or video conference. I am utterly dissapointed in a judiciary system that allows these !!!!!! to prey on decent law abiding citizens.

A lot of people are grumpy at the moment, judges included.  All this for you is a pain in the backside but you will probably have a different judge next time.

As far as covid is concerned, the virus is and will continue to cause devastation to parking companies ..... whether the legal rep appears in person or on a video call, they have no advantage.
In your case you can put this down to a dodgy judge ...... there are still a few around.  And that is a problem in our legal system

Chin up, next time a new judge and you will have a crib sheet so you don't forget anything