Horizon Parking Notice

KeithP

Is this your earlier (now closed) thread about the same incident?

Coupon-mad

Have they broken POFA rules please which would invalid the claim and if so can she amend her witness statement if she has not got it right please?

Continue on your original thread but anyone can see that wording is not POFA wording. 

You only have to compare 8(2)f of Schedule 4, no idea why new posters find this 'spot the difference' hard.

D_P_Dance

Out of bay tickets are very small beer, many judges regard them as a waste to time.  Read this and complain to your MP. 

https://en.wikipedia.org/wiki/De_minimis

Julie22

KeithP said:

Is this your earlier (now closed) thread about the same incident?

Hi. Yes it is sorry I am very new to this

Julie22

Thank you so much I have tried to continue on the old thread but it will not allow me to comment.

I have now been and discussed this and been through all paperwork and emails and can confirm details as follows

March 20 - defence (for my daughter) submitted by parking fines ltd - see attached

https://drive.google.com/file/d/1glPqUSYObvnxIyQMc5Y1efW94uc6B9Y_/view?usp=sharing

https://drive.google.com/file/d/17Ht1nQZayMcfiY2nk2jXG47nZUqWPAd3/view?usp=sharing

October 20 - original court date
1/9/20 - email sent to court saying I am relying on my defence solely as advised by parking fines (which was the date on the second page of the notice of allocation to small claims)
10/10/20 - witness statement above submitted as advised by parking fines

May - notice of trial received - no hearing notice attached to letter
June 21 - defence from Horizon arrived in post (Gladstones)

No N180 was submitted
No SAR has been requested

Please could you kindly advise me of our next course of action as the trail date is July

Thank you so much

D_P_Dance

It is not a trial, it is a hearing.  

Le_Kirk

Julie22 said:

Thank you so much I have tried to continue on the old thread but it will not allow me to comment.

I have now been and discussed this and been through all paperwork and emails and can confirm details as follows

March 20 - defence (for my daughter) submitted by parking fines ltd - see attached

https://drive.google.com/file/d/1glPqUSYObvnxIyQMc5Y1efW94uc6B9Y_/view?usp=sharing

https://drive.google.com/file/d/17Ht1nQZayMcfiY2nk2jXG47nZUqWPAd3/view?usp=sharing

October 20 - original court date
1/9/20 - email sent to court saying I am relying on my defence solely as advised by parking fines (which was the date on the second page of the notice of allocation to small claims)
10/10/20 - witness statement above submitted as advised by parking fines

May - notice of trial received - no hearing notice attached to letter
June 21 - defence from Horizon arrived in post (Gladstones)

No N180 was submitted
No SAR has been requested

Please could you kindly advise me of our next course of action as the trail date is July

Thank you so much

Cannot understand how you managed to get a hearing date (which court) if you did not submit a N180 (DQ).  That aside, presumably you have a notice of allocation to a court near you (albeit it is likely to be a telephone/video hearing).  On that notice it would have given you a date by which you must submit a Witness Statement and evidence.  You state that a WS was submitted in October last year, was this as a result of the court requesting it by that date?  Can you show us what you put.  What do you mean that Horizon defence arrived? Would that be the claimant's WS?  It looks like your defence was heavy on "abuse of process" and light on reasons (apart from lack of signage) why you refute the POC.

Coupon-mad

Get a WS in signed by the Defendant, with evidence, even if she is within 14 days of the hearing (but ideally BEFORE that deadline is passed).  The most recent threads showing things to include in a WS are by @jrhys and also here, by me:

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcript-exhibits-re-parking-firms-falsely-added-contractual-costs/p1

Use the example you find when you click on jrhys' profile and look at his recent replies, and change the facts to suit, and add in the new transcript shown above (jrhys already had one of them).

Julie22

Yes telephone hearing at Bournemouth court near her

Notice of allocation to small claims court was received in august and forwarded to parking fines ltd who advised to submit ws above and also email saying I am relying on my defence only

Gladstones on behalf of Horizon also submitted a ws to the court then and have also submitted another one (the same) in june 21 saying the statement has been filed at the court

The general form of judgement or order dated may 21 said see hearing notice attached but it was not so I guess that must have said about dates etc?

The photos in the evidence do not show a pcn on the vehicle and there is not one in the evidence either only mention of one in the nkt.  No pcn was ever received 

Am I right in saying the ntk is not valid as it has not complied with pofa 2012?  If so is this enough to defend the claim alone and also whether she should email the court a copy of her witness statement saying this and tell the Judge that she can't attend the hearing and wants a decision made on the papers, based on the fact that the POFA 2012 wording (paragraph 8 or 9 of Schedule 4) was not used by Horizon and they cannot hold registered keepers liable.

Thank you

Le_Kirk

Relying on "heard on papers" is throwing her to the wolves and giving a free pass to the PPC, who do this for a living and will likely win.  There is no need to attend court these days as it is likely to be a telephone/video hearing  She should send a copy of witness statement to court and claimant.  Has she seen a copy of the WS from Gladtones /Horizon?  If so, she could send a supplementary WS to refute what they claim - if it's wrong.  What date in July is the hearing?  I am confused about the fact that you say no PCN was ever received but the NTK is not valid - something must have been received for you to know that.