Civil Enforcement Ltd - Have I left it too late for a POPLA?

Coupon-mad

Looking much better and you can include the POFA point you've suggested. Looks fine.

I don't expect Newacre Properties Limited are the landowner?  Aren't they just an agent, which was one of the points I was making earlier.

FernandoYoghurt

The address on the land registry site shows as 3 individual units. I only got the details for unit 1 but that shows "Newacre properties limited" as the registered owners.

Coupon-mad

Ah, Ok then they are the landowner! Worth checking as they sound like a managing agent.

FernandoYoghurt

I've made a few minor changes but changed the last paragraph of the invalid photo section to;

• Given these obvious discrepancies I would urge that the exhibit SW5 by the Claimant be disregarded and that the court consider a finding of 'wholly unreasonable conduct' is made against the Claimant unless a reasonable explanation for the discrepancies can be found.

and tweaked the end of the lack of land owner auth to

• Without prejudice I put forward that notwithstanding the incorrect name, lack of title and lack of valid signatures that it is wholly possible that the Authority was not in place at the time of the alleged incident and that the evidence provided by the Claimant was generated some time after September 2020 and post dated.
• Given the inconsistencies and clear lack of attention to detail, it is my opinion that the Claimant has not provided evidence of land owner authority and that they did not therefore have the authority to instigate a contract or therefore to raise the PCN and that yet again the court consider a finding of 'wholly unreasonable conduct' is made against the Claimant

I've re-arranged the costs section having fixed costs first then further costs

Finally I have added a summing up section.

Just tidying it up, will post an updated version shortly.

FernandoYoghurt

v3, possibly the final version. Need to add my case number, name and date to the header but other than that I think it's done.

https://drive.google.com/file/d/1zFDIofjQVuRo-uuB1LbotzEvOsWEXtKG/view?usp=sharing

Umkomaas

A couple of quick observations on a superficial scan. 

1. It is 'Non-Compliant Signage', not 'None Compliant Signage'

2. Not every photo is showing 8:03am; their final photograph shows 8:09am. 

1505grandad

"Civil Enforcement ltd

(Claimant)"

Just checking  -  is the above name as is stated on the claim form?

A light-hearted observation:-

Para 5  -  ".......purchase I asked the attendant at the shop if I was ok with the parking and they said something to

the effect that I would be fine."  -  absolutely no chance he actually included a "d" on the end of "fine"?

(Hopefully it is not something that the claimant/Judge would seriously consider likely to be a "mishear").

You are still showing typo stated by C-m  -  i.e. site/sight. Also should  "carpark" be "car park"

(Per Urban Dictionary  -  "A bird who looks posh but is easily convinced to take it up any hole over a car bonnet in the nearest carpark."

FernandoYoghurt

Good catch @Umkomaas thanks. spelling fixed and text amended to exclude page 26
Also thanks for @1505grandad, you are quite correct its "limited" not "ltd" on their paperwork so that's also updated.
I honestly don't remember verbatim what the guys said but I do recall asking.
site updated in ch 30, thanks for that.
My many carparks have also been updated... wouldn't want to make the judge blush now would we...

Sending it over to CE and the Court before I go to bed.

FernandoYoghurt

Ok, this might seem like a silly question...
I am allowed to submit this document electronically aren't I. CE sent me theirs on email so I'm assuming that's the case.

I've just looked at the Stoke Combined Court site and can't really work out where to send it. The court paperwork just says it should be sent to "the court manager" and gives the postal address.
For now I've mailed it to family.stoke.countycourt@justice.gov.uk and I'll give them a call in the morning to confirm. Worst case I can print it and run it up to them, it's not a million miles from the office. That said, getting a physical copy to CE in Liverpool by tomorrow might be problematic.

Coupon-mad

Email to CEL and the court is OK but do phone the court in the morning, to check that was the right email address for them.