CEL sent two different Witness Statements!!

twhitehousescat

Rouge1 wrote: »

Redx I understand however prior to the claimant’s late revised WS they had not relied on POFA. Since I had never come across the PCN and NTK, I had no idea what was written in it and whether they quoted POFA. How can the claimant possibly prove they sent it if they didn’t deliver it by a signed for service? In that case anyone can falsely claim they’ve sent a document over without any proof of postage? I had only received correspondence from the debt collectors and that’s is how I found out about this claim.

What’s funny is that the claimant claimed to have sent me so many notices, yet only exhibited the PCN. I asked why the reminder wasn’t exhibited and the claimant had nothing to say! She then told the judge that that the PCN was the only document that they had on file, completely contradictory to her former statement! I’m so surprised that the judge failed to pick up on that!
I haven’t moved house so I should have received the letters!

They are claiming £300+ and have indeed over inflated their figures which I have addressed in my defence and witness statement. I’m surprised the judge didn’t have anything to say with regards to that, or on the inadequate, divulged, templated POC. They have offered to settle for £100 on a few occasions.

Poor signage is also a defence that I am bringing forward. They had taken pics of signs but had not established the matter data of each picture. Can I not argue that the signs could have been put up after the alleged contravention because when I had assessed the area a few months after the alleged contravention, the signs were not there? Therefore the pics were taken after I had visited the area?

Would you suggest that I write to the claimant to strike out in the basis of signage? Or do you think I should pay £100 and settle?

Thank you for your response, much appreciated

I suspect after paying court fees and solicitors costs , they will not accept £100 now

Rouge1

Redx Apologies I realise that I may have an amateur conduct, I have never attended court let alone having to defend a case :A I am aware that for PI litigation claims, the letter of claim is always sent via Recorded Delivery whereby the defendant has 42 days to acknowledge the claim. (pre-issue) Therefore, I assumed that this applies to a majority of litigation claims?

CPR Part 6 applies to service of documents (pre-issue stage), my issue is not with the service of how the court papers were sent/claim form was served but rather the PCN/NTK and notices.

The claimant had sent an 'Evidence Pack' a few months ago, I assumed pics of my car and signage, POFA and PCN etc would be enclosed however only the Beavis case and some debt collector form where i had mentioned that I was not the driver was sent to me. (They did not even exhibit the beavis case nor the debt collector form in their WS).

I have drafted a Schedule of Costs if that is what you mean by costs order? If thats not the case, could you please kindly assist me where the exact location on the NEWBIES thread that is?

The NEWBIES thread seems to have been updated since i had last been on there. As i did not come across the SAR, probably because my claim was pre GDPR.
Would I use the template that's on the NEWBIES? I am not sure if i can also ask for the matter data on each pic of signage as that is important? With their disclosures i would then need to amend my WS and bring forward possible lack of landowner contracts etc?

Ideally I want to try to settle this before going the hearing so would I am tempted to write to them beforehand to strike it out once SAR etc.

Rouge1

Fruitcake I agree, it is my word against there's. I told the judge that I simply cannot recall who was driving at the time and if I had received the PCN or even the alleged Reminder then I would have surely remembered who was driving, as it has been well over a year!

Rouge1

twhitehousescat I suppose only time will tell, although they still offered to settle after paying the court fee and the representative was not a solicitor.

Redx

Rouge1 wrote: »

Redx Apologies I realise that I may have an amateur conduct, I have never attended court let alone having to defend a case

me neither, but I read a lot on here after coming here almost daily for 5 years , including reading posts by BARGEPOLE & LOC123 & JOHNNERSH & COUPON-MAD etc

yes CM updated that thread recently like she always does, and her GDRP 2018 FIGHTBACK thread too (the thread she posted over 6 months ago)

as for the SAR, she now recommends using the template on legale beagles, sending it to the DPO of the company by checking their privacy page

I agree that you need to get those docs and check the dates so that you can check the POFA wording

just assume you dont need anything to be "signed for", a free cert of posting from the PO will suffice, which is really all the claimant has to do, plus tie that in with the dates on their paperwork , not difficult once the SAR has borne fruit

YES to a schedule of costs

if CEL had filed to enclose those docs in their evidence pack then you should have rebutted them to popla by highlighting they were missing and so they failed POFA

there NTK,s used to fail POFA2012, hence why you get them by using the SAR

this is a bit like closing the barn door weeks after the horse was last seen in there

Fruitcake

Rouge1 wrote: »

Fruitcake I agree, it is my word against there's. I told the judge that I simply cannot recall who was driving at the time and if I had received the PCN or even the alleged Reminder then I would have surely remembered who was driving, as it has been well over a year!

So you need to lay this out to the judge in words of one silly-bull.

You state that you never received the original PPC/NTK. You want proof from the PPC that they did indeed send it. This proof must either be a free proof of posting from a post office counter for 1st class post (it looks like a till receipt) or a signed for delivery note with your/the keeper's signature/someone who lives at your address.
Without out you simply state there is no proof it was ever set.