County Court Claim

mercuteio

KeithP wrote: »

Definitely do not send anything to the CCBC.
You finished dealing with them weeks/months ago.

You have a Notice from the court where the hearing is due to take place that tells you to send everything you 'intend to rely on' to both the court office (from where that notice cam) and the Claimant. The Claimant's address for service of documents is on your Claim Form.

Do not use registered post - whatever that is.

Do not use any service that requires a signature. All that does is allow the intended recipient to refuse to sign and thus refuse delivery. Having proof of non-delivery is not what you want.

Send the Claimant's stuff by standard first class post obtaining a free Certificate of Posting at the Post Office counter. The item is deemed delivered two worling days later.

Hmm, thanks for this, Keith. Ok then, given that the deadline is 4pm on Tuesday (19th Nov), would that mean that it’s fair to say that I need to get this sent by the last post tomorrow (Sunday 17th Nov?). That ramps up the urgency and means I need to have finished it by tonight, really (my plan had been to read a loads of witness statements + a massive load of documents that the parking charge company have sent me, including their own witness statement, today, then write my own statement tomorrow, and send on Monday). Do you think it’s necessary for me to send in tomorrow’s post? I believe there’s a service at about 12pm on Sundays in my area, although this dramatically reduces the amount of time I have to get sorted.

Thanks a lot.

Le_Kirk

It is advised on the forum to hand deliver your WS and evidence to your local court. It is OK to send to the claimants by e-mail (if they allow it) otherwise first class post on Monday with a FREE certificate of posting. Do not use a signed for service as, if the claimants decide not to accept it, they have proof on non-delivery - not what you want.

mercuteio

Le_Kirk wrote: »

It is advised on the forum to hand deliver your WS and evidence to your local court. It is OK to send to the claimants by e-mail (if they allow it) otherwise first class post on Monday with a FREE certificate of posting. Do not use a signed for service as, if the claimants decide not to accept it, they have proof on non-delivery - not what you want.

That's perfect, Le_Kirk. Thank-you very much!

Coupon-mad

it’s fair to say that I need to get this sent by the last post tomorrow (Sunday 17th Nov?).

Errrm there is no post on a Sunday.

I believe there’s a service at about 12pm on Sundays in my area

Really? Anyway you won't be posting it.

Read the NEWBIES thread tips about EVIDENCE and the Witness Statement examples. As part of all your evidence (see tips in the NEWBIES thread!) print out the 11.11.19 court report from CEC16's thread and Schedule 2 of the Consumer Rights Act and highlight paras 6, 10 and 14.

Obviously read them and understand what they say about consumer notices and why (once you see what the law says about unfair terms in Schedule 2 of the CRA) a parking firm cannot pursue £160 claim for £100 parking charge.

Append your exhibits to your WS file and give them a number, and refer to each exhibit in that WS. And create a contents page and a COSTS SCHEDULE.

Show us your draft of that, and what evidence you are attaching.

https://forums.moneysavingexpert.com/discussion/6070886/getting-ready-for-the-hearing

Very good first post there from someone at the same stage v another PPC. Also see this too, and the link in it:

https://forums.moneysavingexpert.com/discussion/comment/76495237#Comment_76495237

That's enough for now for you to read up on, as long as you also read CEC16's thread.

mercuteio

Coupon-mad wrote: »

Errrm there is no post on a Sunday.
Really? Anyway you won't be posting it.

Read the NEWBIES thread tips about EVIDENCE and the Witness Statement examples. As part of all your evidence (see tips in the NEWBIES thread!) print out the 11.11.19 court report from CEC16's thread and Schedule 2 of the Consumer Rights Act and highlight paras 6, 10 and 14.

Obviously read them and understand what they say about consumer notices and why (once you see what the law says about unfair terms in Schedule 2 of the CRA) a parking firm cannot pursue £160 claim for £100 parking charge.

Append your exhibits to your WS file and give them a number, and refer to each exhibit in that WS. And create a contents page and a COSTS SCHEDULE.

Show us your draft of that, and what evidence you are attaching.

https://forums.moneysavingexpert.com/discussion/6070886/getting-ready-for-the-hearing

Very good first post there from someone at the same stage v another PPC. Also see this too, and the link in it:

https://forums.moneysavingexpert.com/discussion/comment/76495237#Comment_76495237

That's enough for now for you to read up on, as long as you also read CEC16's thread.

Hello hello! Good afternoon, and apologies for the late reply. Spent all yesterday reading up on witness statements, and all this morning reading the fairly sizeable pack sent to me by the PPC.

Ok, this sounds intriguing. Will look all of this up this afternoon. Need to let everything swill around in my head and then formulate my argument completely. Rather naively, I had thought this stage was just a case of writing a narrative statement of what happened. It was only yesterday that I realised I needed to include all evidence I need to rely on at the same time, which in turn means I actually need to read up on all elements of law that I intend to rely on. I sense the foreboding feeling of midnight oil being burned in the near future . . .

With that said, there are a couple of delightful things that I've noted, including that one of the PPC's own photographs actually includes not only their own sign and a sign from the company they've stated they have a contract to work for, but also a contradictory sign within the same photo saying that the car park is for hospital use (from which I was awaiting my permit).

Additionally, they've demonstrated my exact argument that several different PPCs appear to be operating in the same car park, thus negating any possible contract being drawn, because they've pointed out that their arrangement was simply that the car park was permit only or chargeable with a single £100 charge. No mention of Pay & Display. However, there are signs all over my photos demonstrating Pay & Display signs. So, if this PPC was the only PPC operating, and a contractual arrangement was clear from their signs, then how exactly were there so many Pay & Display signs + a ticket machine available? Come on Doctrine of Contra Proferentem - I've got faith in you!

Le_Kirk

Come on Doctrine of Contra Preferentem - I've got faith in you!

But only if you spell it correctly for a court of law: -

contra proferentem

mercuteio

Coupon-mad wrote: »

Errrm there is no post on a Sunday.
Really? Anyway you won't be posting it.

Also, yes, you're probably right. I have a suspicion I was being optimistic . . .

mercuteio

Le_Kirk wrote: »

But only if you spell it correctly for a court of law: -

Eep! Thank-you!

mercuteio

Le_Kirk wrote: »

But only if you spell it correctly for a court of law: -

In fact, I can't accept that error being on the record. Edited now. Thanks Le_Kirk!

mercuteio

Question: given that I already have the PPC's witness statement, which has plenty of points that I wish to take aim at and counter (some aspects can be countered with things like photos, other aspects I believe can be countered by pointing out relevant law), do I try to counter them within my witness statement?

As I understand it, my witness statement is meant to primarily be a narrative account of what happened on the day of the PCN. As such, I assume it is not the place to tear strips out of their Witness Statement? Or is it? If not, where is the appropriate place to tear such strips?