BW Legal NCP Claim Form Received

TheClubParkingMan

Le_Kirk wrote: »

Go to the NEWBIE thread, post # 2 and scroll down until you see: -

Hi,

Also, does the claimant have to issue a witness statement and send it to me before my deadline also?

Also do I need to put evidence in my witness statement?

Thanks
J

Le_Kirk

The claimant has the same deadline as you. It is always recommended to wait for the claimants WS so you can pull it to pieces. You should submit evidence in a separate section and each piece of evidence should be referenced from the WS. Best if presented in a ring binder with colour coded tabs. Search the forum for posts by user_name Coupon-mad with ring binder as your search term.

TheClubParkingMan

Le_Kirk wrote: »

The claimant has the same deadline as you. It is always recommended to wait for the claimants WS so you can pull it to pieces. You should submit evidence in a separate section and each piece of evidence should be referenced from the WS. Best if presented in a ring binder with colour coded tabs. Search the forum for posts by user_name Coupon-mad with ring binder as your search term.

Claimant is taking their sweet time, I figured that'd be the case and been waiting. We've both got 9 days and that means 4 working days.

What do you mean by submit evidence in a separate section? Doesn't the WS need to be submitted by post?

Thanks! I'll have a search now aswell.

Le_Kirk

It is usually recommended that the ring binder with your defence, WS and evidence are submitted to the court by hand, if possible. What is meant by a separate section is that you don't want to mix up your WS and evidence. For example, your WS might say "On the day in question, I drove into the car park, parked, purchased a ticket (copy in evidence pack notated CPM001) and left it on the dashboard."

TheClubParkingMan

Le_Kirk wrote: »

It is usually recommended that the ring binder with your defence, WS and evidence are submitted to the court by hand, if possible. What is meant by a separate section is that you don't want to mix up your WS and evidence. For example, your WS might say "On the day in question, I drove into the car park, parked, purchased a ticket (copy in evidence pack notated CPM001) and left it on the dashboard."

Thank you for your help, I'm going to try and write my witness statement tomorrow. I don't really know how to go about this, as I don't really remember the day well, it was nearly a year ago and with Dyspraxia specific memory can be a issue haha. BW Legal still haven't sent me anything, we both have 4 days and I'm freaking a little.

Coupon-mad

Writing a WS is easy; here is Johnersh explaining it (he is a solicitor):

https://forums.moneysavingexpert.com/showthread.php?p=75686250#post75686250

Then you tailor your evidence to the case and add into the WS, references to the evidence by number. So where you talk about signage, you can mention the exhibit number for your photos, etc.

The NEWBIES thread gives you clear tips on what to field as evidence - so read it again!

TheClubParkingMan

Hi, so I'm currently working on my witness statement now, however I may be able to gather my evidence and get this into the court on time, but wouldn't be able to get this to the claimant on time, will this affect my claim?

Also rough draft seeing as I'm posting. Not complete, and I can't remember where I went to the toilet.

1. I, [] of [] am the Defendant of this claim. The facts of this statement come from my personal knowledge.
2. On the [] 2018, I entered Carliol Street Car Park owned and ran by NCP Ltd, found a parking spot, and then left my car to go pay.
3. I did visit the car park to visit a toilet at a nearby hostel for the toilet due to my Ulcerative Colitis.
4. As soon as I returned, I attempted to purchase a ticket; however, I get confused while trying to purchase a ticket, as the machine would not accept my registration number after two attempts, and then was hesitant to purchase a ticket as I had already been in the car park 40 minutes,

I believe that the facts stated in this witness statement are true.

Umkomaas

TheClubParkingMan wrote: »

Hi, so I'm currently working on my witness statement now, however I may be able to gather my evidence and get this into the court on time, but wouldn't be able to get this to the claimant on time, will this affect my claim?

Also rough draft seeing as I'm posting. Not complete, and I can't remember where I went to the toilet.

While you place a physical copy with the court, you send an electronic file attached to an email to the claimant’s solicitors. Getting them their copy is easier than getting a (paper) copy to the court.

TheClubParkingMan

Umkomaas wrote: »

While you place a physical copy with the court, you send an electronic file attached to an email to the claimant’s solicitors. Getting them their copy is easier than getting a (paper) copy to the court.

Thanks, that is a smart idea. Didn't think of that, haha.

So I've received the Witness Statement from BW, it includes ANPR pictures, site acceptance pack, and a official copy of register of title as evidence. Dated the 18th, only received it today.

Explains my breach of T&C, repeatedly mentions my non-contact before and after proceedings (I've made legal responses when required?
Explains the first & second NTK etc (of which the first, 8 didn't personally receive then had no way to contact NCP.)

Explains the charge etc, standards stuff.
-said

The Supreme Court considered that PCN charges (like this charge) in ParkingEye v Beavis [2015] EWCA Civ 402 serve a legitimate commercial interest and did not consider the term imposing a similar charge as unfair.

Here are a couple of the quoted cases until I get the massive pack scanned in and personal info eradicated.

The claimant places reliance on the judgement in the appeal case - Vehicle Control Services Limited v Alfred Charles Crutchley [2017]. In this case, His Honour judge Wood QC decided that: "It is incumbent, in my judgement, on a person entering private property, when it is clear that a contractual licence is being provided, to understand the terms of such a licence. It would not be onerous or oppressive, although probably inconvenient, for a visit to establish those terms and conditions before entering the business park in the first place, even if this required remaining outside, and entering the property on foot, when the contents of the notices in combination, would become apparent.

In cost of recovery:

the claimant relies on the court of appeal ruling in Chapliar Limited v Kumari [2015] EWCA Civ 789 which states "that does not alter the fact that it remains a contractual entitlement which the court will enforce subject to its equitable power to disallow unreasonable expenses. There is nothing in the rule making powers in respect to the CPR which enables the rules to exclude or override that contractual entitlement and I therefore agree with Arden LJ that the judge had jurisdiction to assess the costs free from any restraints imposed by CPR 27.14"

I'm gonna be honest, I'm not too sure entirely what all of this means, it could just be because I've been on the early shift at work all week and my brain isn't working right now but hey ho. I'm off tomorrow to deal with this and go to a job interview.

Coupon-mad

Why not just search the forum for:

Crutchley

and then

Chaplair

etc...

and find out that this entire WS is a template seen HUNDREDS of times here?!

It's all been demolished several times over and you need to do a search & copy everyone else's efforts. Much easier than you are making it.

Searching is what makes this forum great (apart from the lovely regulars of course who always reply, even at silly o'clock!).