PCN from UKCPM

Coupon-mad

You don't appear to have read any other similar threads since July, nor have you read post #2 of the NEWBIES thread, about how to defend a court claim.

Having been on this forum since the Summer, posters are not normally clueless like this. It worries me when posters haven't read anything relevant.

ALMOST EVERY THREAD HERE THESE DAYS IS ABOUT DEFENDING A COURT CLAIM, SO HOW DID YOU NOT NOTICE THIS IS WHAT WE DO ALL THE TIME?

You should (from June or July) have known a court claim was inevitable and been ready for it, and now we'd want you to be saying 'bring it on' and rubbing your hands with glee at the thought of seeing it off at last at your local court.

Now you are playing catch up but it's perfectly do-able. Please, please just read some current threads about the same tedious parking firm, and the NEWBIES FAQs.

KeithP's post directs you clearly, what to do and how and when, as your starters.

Matthays

Hi all

Thanks for the continued help. I submitted a defence and have since had this in an email from Gladstones:

.......
Dear Sirs

We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim.

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

Yours sincerely

.....

Can anyone offer pearls of wisdom on how to respond (if at all).

Many thanks as always.

KeithP

Matthays wrote: »

Can anyone offer pearls of wisdom on how to respond (if at all).

Doesn't item 7 in the list in post #17 above answer that?

Matthays

KeithP wrote: »

Doesn't item 7 in the list in post #17 above answer that?

Yes it does thanks - sorry I did read back through and obviously missed it while scanning!

Matthays

Thanks all - DC received and returned.  Wish me luck! 

Le_Kirk

Matthays said:

Thanks all - DC received and returned.  Wish me luck! 

Good Luck - but I hope you meant DQ.

Matthays

Le_Kirk said:

Matthays said:

Thanks all - DC received and returned.  Wish me luck! 

Good Luck - but I hope you meant DQ.

I did mean DQ  

unless you spell it Cwestunair......

Matthays

Right, I've got a court date.  I've read many (granted not all) threads that I have been directed to.    I'm finding more and more that the effort this is taking to save £160 is not worth my time.   However, I do want to stick it to these pests and I'm prepared to persist purely out of a feeling of not being trodden on!! 

The issue I am having difficulty with is working out what to now do prior to the court date.  I have received an email copy of the defence WS (clearly not written by the goon who gave me the ticket but whatever) in which they've stated

"THE DEFENCE

15. My Company would like the Court to note the Defendant is using a generic Defence

which can be found on the internet. It is highly doubtful that the Defendant would

understand the complexities of all the references to the Civil Procedure Rules, the

requirements in the Protection and Freedoms Act (POFA) and in established case law,

which is often the case when a Defendant is questioned about such references at Court.

Therefore, everything that the Defendant has outlined is not accepted and denied by my

Company. Without concession to this point, my Company addresses those points raised

by way of sub-headings below."

I mean, they're quite right. 

Having read the "next stage" information in the various forum threads I'm afraid I'm becoming lost again.   I'm really not sure what to send back to the court or what to include in a witness statement. 

Would really appreciate any further help or direction you guys might be able to offer.... 

Le_Kirk

Your next step will be found in the NEWBIE sticky in a link called "Know what happens & when"  I doubt you have received a copy of the DEFENCE WS!!  You are the defendant!  Should that be claimant WS?  Your job now and that should be on the notification of hearing date, is to write YOUR witness statement. Ignore the usual tosh they spout about generic defences from the Internet.  Just because something has been used before does not make it worthless or neutral in law.  If that were the case, their claim about using a generic defence (which has been copied and pasted so may times) would also be worthless.  It is designed to frighten you.  Since they have been so kind as to send you their WS, use it to support your case and demolish theirs.
A Witness Statement is "in support of my defence as already filed" and should be a narrative of what happened on the day and subsequently.  It should not be a reworking of your defence.  Examples of WSs are to be found in the NEWBIE sticky or by searching for similar WSs to yours for same car park or same PPC

Matthays

You're quote right - of course it's the claimant WS
This is the difficult part to me - as what happened on the day is I parked somewhere I shouldn't have (or so they allege) without realising.  I certainly didn't have a ticket or any other defence other than poor lighting so I didn't see the signs they later produced photos of! 
Subsequently - I did nothing other than the SAR (was too late to appeal) and then followed the process as above. 
Is there anyone on here who provides a service to help people like me  - I think i'd rather pay for someone's time as this takes over my life every few weeks.  I don't want give in as the moral victory is worth way more than the £160!