Court Claim - UKPC / SCS LAW - DEFENCE PENDING IMMEDIATE SUBMISSION

Le_Kirk

Hopefully you have already submitted your defence. The papers from the court should tell by when you should submit your witness statement and evidence (normally 14 days before court appearance).

Coupon-mad

I'm not too clear on the FAQ thread with the next steps

Look at bargepole's post 'KNOW WHAT HAPPENS WHEN' and read that court letter closely! It doesn't just set a date for the hearing.

It gives your Directions about your WS and evidence and a deadline.

namiku

So the hearing fee has been paid and we're going to court

Coupon-mad

As expected, and you told us you have the letter giving the court date:

I just want to update you that the date for the court has been set for some time in April.

So, you know the date by which that letters says you MUST file & serve your WS and evidence, so let's see your draft and planned evidence.

namiku

Cannot find the notice of hearing anywhere but we will send everything special delivery tomorrow to make sure we're within the deadlines, hopefully...

WS that we will be sending is the same as the defence we filed previously unless I am mistaken? Evidence will be proof of the cost of parking for 7 days as well as proof that the keeper was not the driver, ie records showing admittance in hospital.

Shall I post the defence we filed when the claims was defended in the MCOL?

Le_Kirk

WS is not the same as the defence. WS is the story of what happened on the day, is written in the first person and alludes to any evidence you will be relying upon. Check out the NEWBIE section post #2 to refresh your memory.

namiku

Great thanks. So a draft WS will go as follows as per what I think:

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Civil Enforcement Ltd (Claimant)
and
namiku (Defendant)

---

Witness Statement

---

1. I am namiku, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was the keeper of the vehicle between the dates that the PCNs were issued.

3. On X date I had gone into labour and about to have a baby and was driven to X hospital around X time. I had a baby at X +2hrs time as evidenced by birth certificate.

4. To my understanding I am no require to identify the driver as per these proceedings or as I was in a state of shock I cannot recall for sure who the driver was.

5. Due to complications I was admitted to hospital between Day X and day X + 4 as evidenced by hospital records therefore was not the driver in any subsequent days PCNs were issued.

6. The claimant is bringing a case against me as the keeper on the basis that I was also the driver as they seek to recover £600 which is double the cost of the original PCNs however they have provided no evidence of this and in the contrary I have evidenced that I was not the driver.

7. It is my position that the claimant cannot be pursuing this case under POFA 2012 Schedule 4 as they have not complied with the strict requirements that would allow liability to pass from the driver to the keeper, the most important of which is that only the original parking charge can be sought to be recovered from the keeper and this is clearly not what they are seeking. Therefore the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

How's that?

KeithP

So your witness statement isn't going to refer to any evidence?

For example, perhaps paragraph 7 could refer to the PCN and point out exactly how the Claimant has failed to meet POFA requirements.

While we're talking about para 7 - that's a very long sentence.

I am of course referring to the first paragraph numbered 7 - there are two of them.

Coupon-mad

I don't think you've gone into enough detail. See the examples in the NEWBIES thread.

namiku

Its been quite manic I apologise for not coming back sooner. This is what my final draft looks like for submission tomorrow:

---

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Civil Enforcement Ltd (Claimant)
and
namiku (Defendant)

---

Witness Statement

---

1. I am namiku, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was the keeper of the vehicle between the dates that the PCNs were issued however the claimant has not sent as part of their evidence other than a witness statement any proof that the car was in fact parked in contravention with the terms of parking.

3. On X date I had gone into labour and about to have a baby and was driven to X hospital and admitted at X time. I had a baby at X +2hrs as evidenced by my hospital discharge summary.

4. Due to complications I was admitted to hospital between Day X and day X + 4 as evidenced by my hospital discharge summary and therefore was not the driver on any of the mentioned contraventions listed by the claimant.

5. The claimant is bringing a case against me on the basis that I was the driver as they are seeking to recover an amount of £120 per PCN which as evidenced by the signage would amount from £60 for the original Parking Charge and £60 additional charge after being passed to a debt recovery company due to non-payment. As I have shown evidence that I could have not possibly been the driver this claim would have no standing.

6. The claimant may also try to bring this claim against me as the keeper on the basis that it complies with paragraph 4(2) of the Schedule 4 of the Protections of Freedoms Act 2012 which states that “The right under this paragraph applies only if (a) the conditions specified in paragraphs 5, 6 11 and 12 are met”. Paragraph 5 of this schedule states “The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper”.

7. The claimant has not sent any such notices as part of the evidence for their claim but as per the signage the notice to keeper would be an equal amount to that of the PCN issued which would be £60, and as the claimant is seeking to recover £120 per PCN then they have not complied with the provisions set out in paragraph 4(2) of the Schedule 4 of PoFA 2012 the liability would not therefore pass to the keeper so the claim would have not standing.

8. The claimant may also try to rely on the ParkingEye Vs Beavis [2015] UKSC 67 where the signs displaying information in the Beavis case were accepted to be large, prominent and legible. As evidenced the signage erected by UKPC is significantly different from that of ParkingEye and in any case this could only pursue this claim against the driver and not the keeper especially since they have failed to establish keeper liability under Schedule 4 of PoFA 2012.

9. Despite a request even via my defence the claimant has failed to provide a contract which establishes their rights to act on behalf of the land owner at this location, this leads me to believe that the claimant has no authority to bring a claim as not only do they not own the land, but they are not authorised by the land owner, the secretary of state for health, to operate on this land.

10. As a final point I would like to stress that the total amount sought by the claimant are not actual costs and I invite for the Claimant to be put to strict proof to show how each of these costs have been incurred. By way of liquidated damages the maximum amount that could possibly be due to the land owner in the event that all conditions to form a contract were met would be £20 for 7 consecutive days of parking for visitors of patients, as evidenced by the leaflet on Buckinghamshire Healthcare trust parking policy. As a patient this would have applied to me and all my visitors, however as there was no period of observation or period of parking specified contrary to Schedule 4 of PoFA 2012, damages to the land owner simply cannot be determined, therefore the £600 being sought, or even a £300 charge if we were to accumulate the total from just the notices to keeper, against me would be extremely extravagant and unconscionable in that it is disproportionate to the Claimant’s interest, and disproportionate to the highest level of damages that could possibly arise from the Defendant’s alleged breach of contract.

I therefore invite the Court to dismiss this claim in its entirety, and request that as I have had to take a leave of absence from my job as a XX officer for XX County Council to attend this hearing, that my costs be awarded, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

---

Any thoughts critiques etc are highly appreciated.