PPS Parking Fine, BW Legal Letters

nosferatu1001

Le Kirk - if they apply for a default judgement there is no decision to be made by a court , so they're not wrong on this in that regard at least. 

Vowla

Hi all, I've been following the process and have now been allocated a court date for mid July. I have a few questions I'd like answered if that is at all possible please. My level of expertise is novice other than reading this forum and my knowledge of railway lands, I work on the railways. So apologies if the questions seem silly!

1. My notice of allocation states I must send all documentation I intend to rely on to the court and claimant by the 31st of March. Is this just my defence, which was filed a couple months ago, and my witness statement and pictorial evidence? Put it all together and send it off even though they have both recieved a defence at an earlier date?

2. As I am the only witness do I have to state this or is the fact I will file the only witness statement for the defence evidence of that?

3. I have yet to recieve their witness statement so other than photos that were sent to me months ago I don't know what they are going to say. I have already wrote mine but is it worth waiting to recieve the claimants before I send it off in case I need to argue against any 'facts' they state? I worry about the time left for it to arrive. I've only been given a month to get all this together, if I wait my documents may not arrive at the court on time.

4. Is it still ok to use the abuse of process approach? I've read mixed things where some say no and others say courts are still rejecting claims for abuse of process.

5. I have evidence the PPC didn't have the authority to ticket me and the land is also subject to Railway Byelaws, the event took place in February 2017. They're obviously claiming the Beavis case as a reason to continue but surely the Beavis case does not count when they don't even have authority to ticket and the land is subject to Railway Byelaws. I have referenced this in my statement but would like to check this is correct?

6. Would any one be able to check my witness statement, warning, it's reasonably lengthy due to the amount of areas I am fighting this on?

Thanks in advanced for any responses!

KeithP

Is this now the third thread you have started about the one parking incident?

If so, then please PM a Board Guide and get your threads merged.
You simply cannot expect people to chase all over the internet looking for background detail.

Vowla

Apologies, I have requested this. I was unaware responses took the thread to the front, I wrongly assumed they just got lost further back with time. This is the only forum I've ever used and I still don't really understand how it works. Again apologies.

nosferatu1001

Its a simple ordered list, with the most recent responded to thread appearing at the top

savvy

Please note OP's 3 threads are now merged, thank you

Fruitcake

The guide to court should tell you what you need to send. The court and scammers already have your defence, so you do not need to resend that.
Yes you need to send your WS and exhibits to both the court and the scammers, but wait as long as possible before sending yours in the hope that the scammer's WS arrives first. That way you can show it to us and then include our comments in your WS, hopefully ripping it apart, as well as including your proof that the scammers had no standing to issue charges in that location. 
You also need to produce a summary costs assessment that should also include a claim for unreasonable behaviour.

As soon as you get the scammers WS, post it here. Only redact YOUR personal data, and tell us if the scammers have redacted anything themselves.

nosferatu1001

You need to ensure it arrives by the deadline. Easy if you are sending via email, of course! You must not miss that deadline
Nothing about byelaws stops them managing also by contract, however they cannot permit (via contract) sometrhing the byelaws make illegal. THats hopefully obvious! 

Redx

1) everything except the Defence , because that is already on file with Court and claimant

2) the latter

3) leave it as late as possible. It do not miss the deadline for filing to the court and claimant

Assume it won't come in time , then adapt if it does , or send a supplementary WS in response to their late WS plus Exhibits

4) abuse does not defend against the main core allegations , it's more double recovery and treated as such by using the recent Wilkinson HHJ Jackson case to highlight the extra charges. This has never been a defence to the PCN itself !!

5) stick it in , what harm can it do ?

Vowla

Thanks for the responses! My defence and WS revolve around several things. One being their lack of jurisdiction on the land in question, it's a disused part of the station and not a car park. The TOC I work for told me this, hence why staff parked their, and Network Rail confirmed it is not a car park monitored by the PPC. The TOC allowed staff to park on this land when working.

I was parked on railway land adjacent to the car park the PPC monitored not actually in the car park, though the car park they monitor is also on a different part of the disused station and still covered by Byelaws.

As I work for the TOC whilst in the course of my duties I cannot breach Railway Byelaw 14 (to do with parking) providing I dont actually disturb the running of the railway.

The signage they rely on does not seem to remotely resemble the Beavis signage, infact the signage at the entrance to the car park they monitored, still not where I was parked, only states prices and no contractual information. I have a photo of this.

I've also searched planning records and have been unable to find any filed planning permission on the land for the use of a car park or the erection of any signage all of which is above the size required to not have to file it. I'm not sure how this relates to railway land compared to normal land, although if we want to build a new rail depot we still need planning permission so I'm guessing they have to have it for a car park too.

This is all mentioned in my defence and in more depth in my WS with pictures and correspondence. The mention of the abuse of process is purely an extra to the case and not a defence for this non breach of contract.

I have yet to recieve their WS but considering their office is on the other side of the country I will probably end up having to send mine before I recieve theirs, I don't want to leave it too late and risk it not arriving as I only have 7 days left for it to arrive.