Claim received, AOS sent today, now stressing

ParkingStressie

So I'm trying to write a witness statement. I've got the Claimant's which lists loads of cases, which obviously I have no knowledge of and if even I spent all night researching I doubt I'd fully grasp the relevance (or otherwise) of.

ParkingStressie

One thing i can immediately see though is that they've included a contract with the landowner. So presumably the 'no authority to issue PCN' is out the window for starters.

KeithP

ParkingStressie wrote: »

One thing i can immediately see though is that they've included a contract with the landowner. So presumably the 'no authority to issue PCN' is out the window for starters.

Don't be silly. Do you believe everything these scoundrels throw at you?

Just because they have sent you a copy of a piece of paper that claims to be a contract certainly does not mean that it gave them authority to issue your ticket.

Date of contract signature? Who is the signatory? Has it expired? Does it run in perpetuity? are all questions that need answering before 'the contract' can be deemed valid.

ParkingStressie

Actually already spotted that this was signed in 2011 for 3 years. And the contract signatures have no date with them. So that's a start I guess.

KeithP

A start?

Looks like a winning point to me.

Coupon-mad

ParkingStressie wrote: »

Actually already spotted that this was signed in 2011 for 3 years. And the contract signatures have no date with them. So that's a start I guess.

Now you are talking.

You could have a WS and evidence done within an hour.

ParkingStressie wrote: »

And haven't I effectively forfeited or something as I missed the 14 day deadline to submit statements etc anyway?

No, rather then post here, just write a simple story of what happened & sign it, and the NEWBIES thread even tells you about typical evidence to file (with links).

All you need is a printer in the morning, and a trip to the local court to drop it in.

I'm asking for a postponement.

No, you are not. That will not happen.

You will ask that the case be heard in your absence due to what you told us, as you cannot attend. And to that you attach your WS an evidence, and you deliver that to the local court before 2pm tomorrow (in a file or folder, in order, with a contents page and the hearing date on the front) so they get it in time.

ParkingStressie

You might be able to do it in an hour, I've been going for 3 and I'm still only on page 11 of the witness statement.

And I can't get to the court tomorrow, because of all the reasons I'm in this mess to start with. So I have to email it. No choice.

Still grateful for help and encouragement but I need to impress on people just how little time or flexibility I have here.

ParkingStressie

Anyone come across Excel v Nick Jenning, in which DDJ Dignan concludes that the RK is liable for parking charges under the law of agency? There's a thread here http://forums.pepipoo.com/index.php?showtopic=114849 but no specific advice as to how to deal with it when cited by a claimant (particularly the one that happens to be a sister company to the successful PPC here...)

And yes I've searched here and Googled etc etc but can't find anything concrete to use. Do county court judgements make case law?

Snakes_Belly

Is the evidence of the contract with the landowner signed by the landowner or is it something cobbled up by the PPC? What is included in my WS is a statement by an official of the PPC as leaseholder. I do not believe that they have a commercial lease but maybe some kind of licence, A leaseholder usually pays the business rates and the PPC that I am dealing with (part of the same set up as yours) are not paying business rates. They will try all sorts of tricks to avoid producing this information.

Snakes_Belly

Looking at the case quoted Mr Jennings had nine parking tickets.