PCN CC Claim from gladstones and UKPCM

KeithP

 I will look up information on being a lay representative.

Have a read of The Lay Representatives (Rights of Audience) Order 1999

But as @Umkomaas says, the named Defendant must be present at any hearing.

Jellybelly23

blancswann said:

@Jellybelly23 I feel the same anxiety, my husbands case is not until October but I have been doing all the leg work for my husband who is the defendant, he just does not have the time to do it. I hope you win 🤞

Best of luck to you. In this thread there are a couple of recommendations from coupon-mad to look at for witness statements if you have not already prepared yours and they are fab. I had to read and re read as the legal jargon is soo difficult for me to wrap my head around but if you find a quiet space with no interruptions it starts to sink in. I think my fear and my husbands is saying something that is wrong because we have mis understood the legal terms or the way in which they should be interpreted.

Jellybelly23

In the County Court at Guildford

Claim No: xxxx xxxx

Between

UK Car Park Management Ltd

and

xxxxx xxxxxxxx

Witness Statement

 

1.       I am Defendant, of Address, the Defendant in this matter. I will say as follows:

2.       To this statement I attach a bundle of evidence     

3.       The Vehicle in question Registration xxxx xxx, was parked in an area that has insufficient signage and has no clearly marked parking bays.

4.       The first and only time we have ever seen the PCN was contained in a zip file from UK Car Park management on 00/00/00 despite numerous emails and phone calls to advise that it had never been received and it is only after months and months of research that I have found asking for an SAR which still was not made easy by the company as the links on their website were not working to which I advised them of and then having to send photographic evidence to prove that I am indeed the person they are asking to pay them huge sums of money for a PCN of which I had never seen evidence of. This has made the process even more difficult and stressful.

5.       On returning to the site to take photographs the area in which the vehicle is parked has no signage whatsoever alongside it. Photos                                           There are no signs advising parking rules displayed on the entrance to the area. Photos                               The only signage provided is inside a shop window that has frosted bordering and printing of the business name surrounding it and is not set out in an area that would face the direction of a parked vehicle. Photos                           And one sign that is fairly low down in a poor state of repair and would be obscured by bins and vehicles and is lost amongst all the other warning building site signage. Photo        

6.       The sign is also behind glass that reflects light in such a manner that the very small font and writing is made further difficult to see. Photo              

7.       The signage is also placed at a height that if a high sided vehicle were parked next to it the sign would be almost completely obscured.

8.       As per paragraph 2 of the Defence I can not be held accountable for a contract that did not exist.

9.       As per paragraph 5 of the Defence I have enclosed photographic evidence that the vehicle can not be parked in an appropriate bay as there are no parking bays.

10.   My wife contacted the company immediately on receipt of the first letter of correspondence that was received which was a final demand letter from a debt recovery company to advise them that no such original PCN had been received and so had never been given a fair chance to pay the reduced amount or contest such an outrageous amount. The company refused to acknowledge via telephone that no such paperwork had been received and also refused to give any indication as to where the vehicle was parked despite telling my wife they were sitting looking at the photo and just said as my wife was not the registered keeper they did not need to tell her that information leaving us unable to know where we were being asked to pay a PCN for and then the person on the phone proceeded to hang up.

11.   My wife then emailed the company advising that again no original PCN had been received and therefore we had no way to know where the vehicle was parked so had no way to tell what the PCN was for. We decided not to pay the PCN at the time as it seemed unreasonable to ask for a payment of £160 for non payment of a PCN which had never been received.

12.   The reply was simply that they had sent two letters. There was still no original documentation sent or resent so still no opportunity to tell where the vehicle had been parked.

13.   The only time we have received a copy of the original PCN is when requesting an SAR. On receipt of this the photograph has been taken from the back of the vehicle by a person not an automatic parking eye so it leaves me to wonder why the parking attendant did not place a PCN on the vehicle window.

14.   I was advised to contact the information commissioner’s office which I did.

15.   The letters sent from the debt recovery company have caused great distress and worry to us as a family due to their threatening tone as they state and are bullet pointed (letter from Trace Debt recovery dated 00/00/00) that if we are taken to court the action will result in Further solicitor charges being added to your balance, Court costs being added to your balance, County Court Judgment.

16.   In one of the letters from Trace debt recovery dated 00/00/00 it states that ‘when taking any court action our client must demonstrate that they have done as much as possible to settle the matter’ it then follows on to say ‘To prevent such action you must pay the full amount outstanding within 14 days of this letter’ I do not feel that threatening letters asking for £160 to be paid immediately or face spiralling further costs and  CCj’s against us and a refusal to acknowledge no original PCN being received is demonstrating doing as much as possible to settle the matter. As a civilised human being I would think that a great starting point would be to provide evidence of the original PCN then to begin the process of dispute in the way outlined on said paperwork and not to continue to cause a person great stress and anxiety over hugely inflated costs and threats to their personal finances. The way in which the letters are worded and highlighted and bold text is used only adds to the fear that we will be left in great debt with unfathomable damage to our ability to obtain any kind of credit in the future.  

I believe the facts stated in this witness statement are true.

 

Signed

 

Jellybelly23

This is my reviewed witness statement and I have also added a supplemenatry witness statement to include references to other cases in favour of the defendant showing unlawful addition of the added £60 costs or in our case now the costs are just racking up left right and centre. I will obviously attach photos and number them to reference the lack of signage in the car park. 

Coupon-mad

This is not following what the NEWBIES thread tells you about the new statement of truth:

I believe the facts stated in this witness statement are true.

Is your husband able to attend the telephone hearig too - he has to...

And has he done a costs schedule and a supplementary WS about the abuse of process (see threads by @keypulse and @Chefdave as examples of what he must submit to the court and the solicitors).

Jellybelly23

Coupon-mad said:

This is not following what the NEWBIES thread tells you about the nw statement of truth:

I believe the facts stated in this witness statement are true.

Is your husband able to attend the telephone hearig too - he has to...

And has he done a costs schedule and a supplementary WS about the abuse of process (see threads by @keypulse and @Chefdave as examples of what he must submit to the court and the solicitors).

We missed that bit off we will change it. Yes supplementary WS has been done pretty much a copy and paste from the above references. No costs schedule. Is that what we would want to recoup if we were to win? It is never ending. We are going to alter the bit above and just send it all in now I am at a loss as to wheather I have actually done what is right. My mental health can not take anymore of the stress. Thankyou all for your help and I will let you know what happens. But if I dont wrap this up now its going to tip me over the edge.

Coupon-mad

We are going to alter the bit above and just send it all in now

...with his signed & dated costs schedule (see thread by @Chefdave for a quick example).

No costs schedule. Is that what we would want to recoup if we were to win?

Yes, why would he not?  He should at least get £95 for the day off work.

Jellybelly23

Coupon-mad said:

We are going to alter the bit above and just send it all in now

...with his signed & dated costs schedule (see thread by @Chefdave for a quick example).

No costs schedule. Is that what we would want to recoup if we were to win?

Yes, why would he not?  He should at least get £95 for the day off work.

Thankyou @Coupon-mad. I really do appreciate all the help. I do not know how you bring yourself to log in and go through this stuff day after day. You bring hope to me that there are more good people left in this world than bad. 

Coupon-mad

I do a lot more than come here but it is second nature once you've been a regular for years!  Currently typing to you while watching a tedious football match.

Jellybelly23

I have been and taken loads of photos of the area and as they are at different times they show a great variation of lighting on the shoddy signs and even some with reference to high sided vehicles that clearly obscure the signage which is great and have referenced them in the witness statement and have the supplementary witness statement and schedule of costs are done and ive referenced a couple of the debt collector letters for their wording. I have also included a photo of the Beavis sign and their sign for comparrison. So just last bit of scanning to go and printing as im still going to hand deliver a copy too (just makes me feel better. Then i think we are done and will just have to wait and see what happens. Not sure if I am allowed to post photos on here but im happy to show a photo of their signage if it doesnt cause problems before the hearing.