UK Car Park PCN - Help Needed

ParkerCarrie

Le_Kirk said:

If you have done exactly what C-m said then you should be good to go.

Okay thank you!
I have just deleted the end of his para 11 (part in bold) as I don't think it applies to my case:

It is not accepted that the Claimant has complied with its Trade Body Code of Practice ('CoP') as regards mandatory signs or any other CoP rule that may later be called into question and revealed by the lack of evidence and the Defendant has seen nothing to suggest that the car was parked in contravention of any terms.  The Defendant is having to guess, but this Claimant is known to take predatory photos over a period of just a few minutes, paying no regard to the mandatory Grace period (a minimum of ten minutes).  

ParkerCarrie

Hi guys,
so I send out my defence with the additionnal paragraphs suggested by Coupon-mad. I really hope the court strikes this case out!
Thank you all so much for your help. Would have been completely lost without it.

Coupon-mad

OK but if they don't strike it out, you still need to write a WS & serve evidence, before the hearing. 

ParkerCarrie

Hi again guys,
So I have received the directions questionnaire.
Local county court name : Might be a stupid question but I am wondering how do I find the name of my local county court? I looked on google and I am between Central London County Court and Barnet County Court according to google maps. Can I chose either one? 
If so, do you know if the Central London one is maybe a better choice strategically, as in they have more experience with such cases and are maybe more enclined to strike them out? 
Witnesses : Also another question regarding witnesses : my partner is the owner of the car. English is not his mother tongue and he does not feel comfortable defending a case before a court. Had I let him he would have paid the penalty for peace of mind.
We were together when the car was parked (the day we moved into the flat) and I tried to resolve the issue on his behalf with the landlord, the building's managing company and the UKCPM afterwards. So should I put 2 witnesses (him and me) knowing that I will be the one drafting both WSs so the contents of the WSs will be fairly similar anyway?
Lay Representative : Finally I read on the forum that he could have a lay representative in court (me). When do we ask for it? Is it compatible with me also being a witness?
Thanks a lot again for all your help

Redx

choose whichever you like and hope its accepted

nobody is interested in who owns the vehicle, being an owner is not relevant

if he is the registered keeper with ther V5C and the DVLA then that may be something that is used, especially if the court claim is in his name ? (in which case he could be both)

whose name is the court claim in, because that is important ?

if his name is on the claim form , then he is the defendant and is also witness number 1

anyone else are additional witnesses, unless they are helping him as a lay rep or as a mcKenzie friend ? , the number you put only tells them how big the room must be , so put 2 or 3 as required

if you are lay rep, you are not a material witness, so think about your role carefully

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

ParkerCarrie

Redx said:

choose whichever you like and hope its accepted

nobody is interested in who owns the vehicle, being an owner is not relevant

if he is the registered keeper with ther V5C and the DVLA then that may be something that is used, especially if the court claim is in his name ? (in which case he could be both)

whose name is the court claim in, because that is important ?

if his name is on the claim form , then he is the defendant and is also witness number 1

anyone else are additional witnesses, unless they are helping him as a lay rep or as a mcKenzie friend ? , the number you put only tells them how big the room must be , so put 2 or 3 as required

if you are lay rep, you are not a material witness, so think about your role carefully

Yes this is what I meant sorry : he is the registered keeper (I don't even have a driver's licence) and the court claim is made against him. So he will be witness 1. 
I understand that a mcKenzie friend cannot address the court, so I'd have to be his lay rep. This answers my question then if a lay rep cannot be a witness as well.
Thank you!

Redx

Ok , so he is registered keeper , defendant and witness number one

You can write witness statement number 2 to back him up but being lay rep is more important for both of you

Tell the usher on the day you are lay rep when you sign in , taking a copy of the lay rep paperwork in case the usher or judge asks to see it or asks you to prove your right

ParkerCarrie

Hi all,
First of all, I wanted to thank you all very warmly for your time and oh so precious help. 

So the hearing was supposed to be held beginning of December but I received a letter from the court informing me that the Claimant (UK Car Park) had not paid the £25 trial fee in due time and that the case had consequently been struck out - which is good news although it would have been more satisfying if it had been struck out because it had no legal ground and not simply because UK Car Park did not bother paying the fee.

However, a couple days later I also received an email from their sollicitors (Gladstones) offering us to pay a "reduced settlement in the sum of £160.00 in a final attempt to settle matters before the hearing".
What is this about?
Thanks all and stay safe

Redx

Bad communications , clearly Gladrags haven't received or read the court order

They typically send out this offer anyway , routine