PCN Claim from Premier Park Limited / BW Legal (Telephone Hearing)

PatrickReacher

Coupon-mad said:

Please read the TELEPHONE HEARINGS thread and use the words I wrote in June (might be on page 14...).

No link, search for that thread, it's all there.

Thanks for that. I've found it. However, the letter was dated the 19th August and I've not responded yet (Over the 14 days). I was just going to wait it out but then looked for advice on here. Should I still send it?

Coupon-mad

Of course, why do people ask.  Just do it.   It's not counted from the date of the Order, it's date of service (delivery) - just do it!

PatrickReacher

Coupon-mad said:

Please read the TELEPHONE HEARINGS thread and use the words I wrote in June (might be on page 14...).

No link, search for that thread, it's all there.

Just having a read of this and it says how the claimant has asked for it to be on the papers but it doesnt say that in the order I received. Is there a different version or should I adapt? 

Coupon-mad

Just adapt it to suit.

The example gives you what to say in support of your reasons to tell the court NOT to have a hearing in the papers.

PatrickReacher

Thanks again. It's been a while since I was looking into this daily. Obviously I've sent the defense and DQ. Then I heard back with the above order. Is there anything else I should have done, or anything else I could prep? When do I look into putting together my WS?

Coupon-mad

You should read some now, such as the thread by @blancswann and @Bexon where I wrote their WS.
BUT YOUR MAIN TASK FOR SEPTEMBER:

Please now make a real difference.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

PatrickReacher

I received a Notice of Hearing in the post. It will be a unfortunately be by telephone even after emailing @Coupon-mad 's suggested email if a court suggests a 'hearing on the papers'. (https://forums.moneysavingexpert.com/discussion/comment/77317938#Comment_77317938). The hearing is at the end of this month. 

I've read through the Telephone Hearing thread (https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here) and need a bit more clarification as to where I'm at.

The Notice says "Every party must send to the court and to all other parties' copies of all documents and evidence on which that party intends to rely at the hearing". Am I right in saying this should be: The Claim Form, the Defence and my Witness Statement? Should I also include the receipt from the cinema in here showing I was a patron (although I overstayed by 20 mins). Is there anything else I'm missing? 

Thanks.

Redx

It will definitely include the usual suspects

Your witness statement
Your exhibits (evidence)
Your summary costs assessment

The claim form and defence should already be with the court , but sometimes it's done from home so the judge may not have those court papers , so sometimes they are included

Most current cases are by telephone or by video link , due to covid , so it's needs must and you must adapt to suit , same as everyone else , because papers is worse and face to face hearings are no longer common due to covid

Ensure you read , understand and follow the court order to the letter , do what it says , when it says , don't ask.  Just do !! It's an order , not a debate

PatrickReacher

Thanks @Redx. What about a draft order? Should that be included?

Redx

PatrickReacher said:

Thanks @Redx. What about a draft order? Should that be included?

No idea , because I have no idea what it is , or why you have mentioned it

Somebody with legal training who volunteers on here may know , but most people here have no legal training and come here because it's a parking forum , not a legal forum !

What I do know is what the core documents and exhibits should be , so my answer said , usual suspects