PCN issued on a private, unadopted road

Redx

Both of you have the same deadline for your bundles , although they can be sent earlier , your choice

Assume that the claimant will leave it to the last minute

Your bundle goes to the court and claimant

Their bundle goes to you and also to the court

So everyone gets a copy of both bundles

Coupon-mad

jackRlnd said:

the hearing date is coming up within a month or so.

I know I have to send the witness statement to both the court and the claimant

The most recent threads showing things to include in a WS are by @jrhys and also here, by me:

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcript-exhibits-re-parking-firms-falsely-added-contractual-costs/p1

Use the example you find when you click on jrhys' profile and look at his recent replies, and change the facts to suit, and add in the new transcript shown above (jrhys already had one of them).

EMAIL YOUR FINISHED WS AND EVIDENCE TO YOUR LOCAL COURT AND CLAIMANT'S SOLICITOR AT THE SAME TIME (the same email, cc-ing in the Claimant's solicitor).

 That way, there can be no argument that you DID file and serve your WS to both and their rep at the hearing can't say they ''didn't receive it''.

jackRlnd

Redx said:

Your bundle goes to the court and claimant

my bundle would just be the witness statement along with any evidence?

Coupon-mad

Yes plus the costs assessment, as seen in the thread by @jrhys showing what to include in a bundle. 

Plus the new transcript from Recorder Cohen QC, and referring to it in your WS, as I explain in my thread I linked for you.

jackRlnd

Coupon-mad said:

Yes plus the costs assessment, as seen in the thread by @jrhys showing what to include in a bundle. 

Plus the new transcript from Recorder Cohen QC, and referring to it in your WS, as I explain in my thread I linked for you.

thanks. in general, when appending transcripts as exhibits, is the general method to have them all in one file or two send the the exhibits for the witness statement in additional but appropriately named files?

Coupon-mad

One document is best.  Number all your pages first and use a free PDF merger if that makes it easier.

Umkomaas

I think you might get caught up in the 'law of agency', as you can be seen as authorising the contractors to act on your behalf. A potential can of worms that I'd keep well clear of the tin opener. 

jackRlnd

Umkomaas said:

I think you might get caught up in the 'law of agency', as you can be seen as authorising the contractors to act on your behalf. A potential can of worms that I'd keep well clear of the tin opener. 

if this is the case, should I not bother including lack of POFA compliane in my WS at all? I had it in my defence statement

Umkomaas

jackRlnd said:

Umkomaas said:

I think you might get caught up in the 'law of agency', as you can be seen as authorising the contractors to act on your behalf. A potential can of worms that I'd keep well clear of the tin opener. 

if this is the case, should I not bother including lack of POFA compliane in my WS at all? I had it in my defence statement

Your WS must support your defence, it wouldn't make sense to exclude something that helps your case. 

Please remind me why you are arguing that there was non-compliance with PoFA. 

jackRlnd

whilst the road on which the incident is said to have occurred is technical a private, unadopted road, there are two main roads at either end and the public has free use of it.

Halsbury’s Laws on Highways states that any road where "there exists a public right of passage, that is to say a right for all Her Majesty’s subjects at all seasons of the year freely and at their will to pass and repass without let or hindrance" is a highway.

One of my points is that as the keeper of the vehicle, the pcn is invalid as the car was not parked on relevant land as relavant land specifically excludes public highways.