PCN issued on a private, unadopted road

Umkomaas

Alternatively, you could email the allocated court (not the Northampton CCBC) and pose your questions there.

jackRlnd

Umkomaas said:

Alternatively, you could email the allocated court (not the Northampton CCBC) and pose your questions there.

yup, have emailed and they weren't helpful at all and just replied with
"The Listings department will list the hearing date in line with the Judge’s directions which will allows parties to comply with any` directions given" 

jackRlnd

On another note, with regards to witness statement, if the car insurance I had at the time was for the policy holder only, is it legal for another person to drive my car if their policy is fully comprehensive?

KeithP

jackRlnd said:

On another note, with regards to witness statement, if the car insurance I had at the time was for the policy holder only, is it legal for another person to drive my car if their policy is fully comprehensive?

That depends on the 'other person's insurance.

For example, my policy allows me to drive vehicles not belonging to me.
I imagine there are probably a few million people who are insured to drive your car under their insurance policy - with you permission of course.

jackRlnd

KeithP said:

I imagine there are probably a few million people who are insured to drive your car under their insurance policy - with you permission of course.

That's good to know. My house was being renovated at the time and I had contractors coming and going and allowed them to move my car on occasion so they could park in my driveway for easier access etc. 

Given how long ago this way I am probably unable to find out who might have moved my car and to be honest I ended on poor terms with the main contractor so they are unlikely to want to help me out on this matter.

As such, is it worth even mentioning it?

Umkomaas

As such, is it worth even mentioning it?

It can't do your case any harm. You just include it in your WS, which you sign under a Statement of Truth. 

jackRlnd

Coupon-mad said:

he said they could argue that whilst there was an initial 'suggestion', the last paragraph containing 'However please start using them right away.' is more an order. As such not having the permit on the dashboard means I didn't fulfill my part of the agreement?

I disagree.

PLEASE is neither an order nor a contractual obligation and it's clearly stated to be an 'informal arrangement' between residents and the landowner ONLY, and it says nothing about the linked (and onerous) contractual terms they've hidden from your knowledge by failing to mention it at all.

Apologies for bringing this back up. Am just in the process of writing my witness statement and I just wanted to make sure I don't write anything incorrect.

Can I state that because there is an informal agreement between myself and the landowner which does not stipulate that the permit MUST be displayed but only SUGGESTED it should be displayed, that that takes precedence over any signage? 

Coupon-mad

Yes; you can say that you had an agreement and understood the permit to be displayed as a courtesy and were unaware of any onerous obligations - cite Lord Denning's red hand rule - Google it or search this forum and read witness statements including that. 

You also had a right (or perhaps an easement or implied right) to park already granted to you on that basis by the landower (without caveat or cost) so the parking firm were not offering you anything of value that you didn't already enjoy.  Thus, the elements of a contract with the parking firm were not met.  In the legal sense, valuable 'consideration' must flow both ways in an agreed consumer contract - but they had nothing to offer you.  

KeithP

Typo in 5b - "to park in front of their properties"

All evidence you are presenting needs to be referenced. 
For example, in paragraph 7a should perhaps start something like...
   On 18-09-2017, I received a letter (exhibit JRnnn) with a parking permit from ABC...

Your statement of Truth is out of date. The April 2020 version is in post #2 of the NEWBIES thread.

jackRlnd

KeithP said:

Typo in 5b - "to park in front of their properties"

All evidence you are presenting needs to be referenced. 
For example, in paragraph 7a should perhaps start something like...
   On 18-09-2017, I received a letter (exhibit JRnnn) with a parking permit from ABC...

Your statement of Truth is out of date. The April 2020 version is in post #2 of the NEWBIES thread.

thanks for the pointers. will make the adjustments.

on the whole is the format etc correct for a witness statement? 

also for 6a, do I need to provide proof of this by way of emails with contractor etc?