Im going to court!

Azrael125

So my PPC is going to court,today I received claimants witness statemnt bundle,which does not include any NTK letters,now the original PCN was almost 3 years ago so I dont recall If they ever sent me one. Is this something I can use in my statement? Or can they provide it in court? My understranding is the bundle is all they can rely on as their evidence.

Second can I use grace periods,as timestamped pictures do not show the full period for which vehicel was parked,just one single time but as I havent named driver Icannot prove any driver left after noting signs(which dont comply with Bpa anyway)
Thanks in advance.

Le_Kirk

What did you put in your defence? You surely must have had the NTK or claimant's cause of action in order to file a proper defence?

Azrael125

I dont recall all my defence but I responded to their particualrs of claim,inadeqaute LBC ,signage etc.

Le_Kirk

You should submit a SAR - read HERE for how to do it and what to ask for. You might try asking the court for a copy of your defence.

ShakeItOff

Have you written your WS yet?

Definitely submit a SAR as Le_Kirk says.

KeithP

So you have a hearing date?

What is the date by which your Witness Statement and evidence must be fled and served by?

I am concerned that you have received the Claimant's Witness Statement but haven't mentioned yours.

It is almost unbelievable that you 'don't recall' what was written in your Defence.
Is this such a casual experience for you that you don't bother to keep copies of documentation?

Azrael125

KeithP wrote: »

So you have a hearing date?

What is the date by which your Witness Statement and evidence must be fled and served by?

I am concerned that you have received the Claimant's Witness Statement but haven't mentioned yours.

It is almost unbelievable that you 'don't recall' what was written in your Defence.
Is this such a casual experience for you that you don't bother to keep copies of documentation?

Seems I misunderstood first reply,I was referring to my skeleton defence which was on inital court form reply. No I havernt filed my WS yet,it has to be done by mid March.Thanks.
Beleive me my memorty is bad so unbeliavable is normal lol.

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Azrael125

@Le_Kirk

That link says not to use contact form,if you look at JD PArking (claimant) website they only have that.Couldnt quote your post as it doent allow me to post links.

ShakeItOff

They don't have a privacy page, so you could send the SAR through their usual contact page. You could always pop one in the post too, as belt and braces (proof of postage, not recorded delivery though). It actually doesn't matter who at the company receives the SAR, as far I as I understand.

Azrael125

ShakeItOff wrote: »

They don't have a privacy page, so you could send the SAR through their usual contact page. You could always pop one in the post too, as belt and braces (proof of postage, not recorded delivery though). It actually doesn't matter who at the company receives the SAR, as far I as I understand.

Thank you ,but as court hearing is in 5 weeks time isnt it too late? ANy hope of putting case on hold looks slim to impossible.