UKPC and SCS - County Court claim form

[Deleted User]

The risk here is of course that whilst confusion prior to ticket #1 may be understandable, the court is likely to want to understand why the driver did not acquaint themselves with the signage thereafter or park in the zone they were allocated to.

The statement should address that point at least in outline because in a multi ticket case there is fertile territory for that sort of argument.

AS2

How do I stress that point in a multi ticket case? Can we use the reason that being on call and attending emergencies does not give me time to park in staff car park and hence to the nearest location to the entrance of work?

Coupon-mad

Have a read of this and try to work this into the defence:

https://forums.moneysavingexpert.com/discussion/comment/75693040#Comment_75693040

That's not been tried before and that Act was a new one on me. Looks relevant.

namiku

UKPC PCN and NtK are faulty and non compliant with Sehcudle 4 of PoFA as they do not specify the period of parking from x to x even if this was a few minutes or seconds of observation. They only have one time which is a single moment and does not constitute a period.

For bringing a claim against the driver the relevant section:

Paragraph 7 (2) - The notice must
(a) - specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

For bringing a claim against the keeper the relevant section:

Paragraph 8 (2) - The notice must
(a) - specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

AS2

thanks guys looking into all this. will be sending it out today. can I email the claimants solicitor the witness statement and evidence rather than posting it?

namiku

Make sure you include a very specific point in your WS with what I posted above as this is what I won my case with yesterday.

It was in fact the judge that probed the claimant on the period not being referred to in the notices and then I just elaborated once it was my turn!

Mention to SCS in the email that they will be well aware that DDJ Child ruled against them on 11/04/2019 at High Wycombe County Court as the notices were defective and they will lose this case on the same basis. They might not send anyone in to save on fees...

Which court are you at?

AS2

thanks namiku
I am at county court central London.
should I just put what you mentioned as an extra point in my WS? bear in mind some of the PCNs were because of parking on disabled bay.

namiku

AS2 wrote: »

thanks namiku
I am at county court central London.
should I just put what you mentioned as an extra point in my WS? bear in mind some of the PCNs were because of parking on disabled bay.

It doesn't matter where she parked. As long as she doesn't admit that she was the driver they can only pursue her via PoFA and their notices are not compliant as do not refer to the parking period as per paragraphs 7 (2)(a) and 8 (2)(a) - don't include the thing about DDJ Child in the WS as decisions of district judges are not binding on other district judges just mention it in their email to rub it in somewhat and make them think twice about turning up

AS2

ok thank you.

AS2

Hi All

we have a court date on 19.08.2019, so its coming soon.

Will I be able to represent my wife or does she need to attend as well?
Do we need a lawyer on the day? sorry if that is a silly question.
I have attached the claimants statement - please could someone tell me how to tackle this next stage.

Many thanks

https://ibb.co/cQDMzv6
https://ibb.co/ZgRcZfk
https://ibb.co/86Q1mCW
https://ibb.co/9V1hGGC
https://ibb.co/0QPL2mP