Premier Park Ltd Fine

Aib51

Ok so it was from Northampton!

Umkomaas

Redx wrote: »

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Aib51 wrote: »

Ok so it was from Northampton!

Deal with it then as per the NEWBIES FAQ sticky, post #2.

Aib51

Yes, ok. Thanks. All done

Aib51

Hi all (well, those interested) I now have a court date and feel rather panicky. Especially as it is for the 1st April, which is much sooner than I expected. It is in Warwick but a different judge I think. Please advise on what I should do next

Le_Kirk

Aib51 said:

Hi all (well, those interested) I now have a court date and feel rather panicky. Especially as it is for the 1st April, which is much sooner than I expected. It is in Warwick but a different judge I think. Please advise on what I should do next

You should read the NEWBIE sticky again and refresh your memory about what happens and when (there is a link called that).  Was there a date on the letter giving a deadline for submission of witness statement, evidence and cost file submission?

beamerguy

Aib51 said:

Hi all (well, those interested) I now have a court date and feel rather panicky. Especially as it is for the 1st April, which is much sooner than I expected. It is in Warwick but a different judge I think. Please advise on what I should do next

Assume this is BWLegal bringing the case, not read back on your thread

It does not matter who the judge, they will know Deputy District Judge Josephs

BWLegal spanked in Warwick for ABUSE OF PROCESS
Deputy District Judge Josephs
CLAIM NUMBER: F5DP2D6Y dated 6th Dec 2019
CLAIM STRUCK OUT: REASON: ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6079858/bw-legal-premier-park-thanks-for-all-your-help
See the actual court judgement in post #20

Aib51

The witness statements etc have to be at the court 14 days before the 1st. It is BW Legal , yes.

Aib51

Please find attached my first attempt at a witness statement, with (obviously) a huge amount of help from a previous one written by one of you. Would be very grateful if you could take the time to read it and advise. Thanks

Coupon-mad

Aib51 said (in 2019):

Hi there I have received a reply from Premier Park with quite a lot of information. I cannot see a near miss but how do I know that they have included all the listings for all the machines?

Can I ask for photos of the different machines?

 I remember they sent them to Popla. 

Did the list they provided for the SAR in 2019 EXACTLY match the list they provided to you and POPLA, earlier?   Did you compare the evidence from POPLA with the SAR evidence?  You are looking for alterations and missing lines.

If you have no idea, you can get the evidence pack even after all this time from POPLA quickly, by emailing them and asking for the request to be passed to their case evidence team urgently as you want to see the VRN list provided at the time.

I take it the usual headings are at the top of your original, like with any court statement?

Remove #8 as you don't waste trees on showing a losing POPLA decision, it means nothing to a Judge!

8.  I appealed to POPLA, but to no avail, see Exhibit 6

Replace it by observing that there are more than one PDT machine at the site, yet the evidence appears to show a very limited (unsigned and unvalidated as a true copy) list mocked up and redacted in MS Word, that a notorious rogue ex-clamper firm like Premier Park, could have altered or even created from a different day/different site entirely and passed off to POPLA.


Remove all of this, below, as you should not be wasting trees exhibiting all the tedious debt demand letters, or spending so much time discussing them; they mean almost nothing to your defence:

10. On the 15th May 2019, I received another letter (Exhibit 10) from the claimant demanding £100.
11. On the 25th July 2019, I received a letter from PP Legal (Exhibit 11), demanding £170. No explanation was given as to why the amount had risen by £70.
12. On the 9th August 2019, I received another letter (Exhibit 12) from PP Legal, demanding £170. No explanation was given as to why the amount had risen by £70.
13. On the 16th September, I received a letter from the claimant (Exhibit 13), saying that my case had been passed to BW Legal and demanding £160. No explanation was given for why the amount had changed, nor why PP Legal had changed to BW Legal. On the same day I received a letter from BW Legal demanding £160. (Exhibit 14)
14. On the 2nd October 2019, I received another letter from BW Legal (Exhibit 15), demanding £160 and threatening a claim against me. They included an estimate for other costs amounting to £240.39 in total if they proceeded.
15. On the 18th December 2019 I received a Notice of County Court Claim Issued from BW Legal (Exhibit 16) On this letter it was stated that I owed £241.46. I received the Claim form two days later.
16. On the 13th January 2020, I received another letter (Exhibit 17) demanding a response from BW Legal, even though the matter was in hand between myself and the court. I cannot stress enough how upsetting and vexatious this constant hounding has been over the last year. I suffer with depression and am on anti-depressants and every time a new letter arrived, I would spiral down and have to fight to get myself back up emotionally. The claimant has no interest in me as a human being or in the affect that this has had on my life. They have not shown any humanity at any stage, by taking into consideration what I have said or investigating my claims. At no point has this Claimant actually evidenced that the takings from that machine on that day were either over or under, nor have they ever mentioned checking that information. They are relying purely on the fact that their machines, clocks and computers cannot possibly be in error and that I cannot possibly be telling the truth.

Replace it with the usual words about abuse of process and why they can't claim an extra £60.  You have missed the other things to put in your bundle:

- your SUMMARY COSTS ASSESSMENT signed by you

- DJ Joseph's strike out order (bearing in mind you say this will be at WARWICK!) and make sure you choose the one that is abut PREMIER PARK, it's either in jon8838's thread or in Crystal_Tips' thread.  Get the Premier park Warwick one.

- all the stuff about the abuse of process of adding £60 to the claim, the Southampton 6 page judgment from DJ Grand that's been available for a few weeks now, and the Beavis case paras 98, 193 and 198, and the CRA 2015 Schedule 3 with paras 6, 10, 14 and 18 highlighted as breaches of the signage and consumer contract alleged in this case.

Read examples in threads by:

@keypulse
and
@Lego-9

Aib51

Thank you Coupon Mad. I am revising it . I have written to POPLA requesting the evidence bundle. Is there a special form for the summary costs assessment? Your advice is very helpful.