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

Le_Kirk

The telephone hearing thread does contain a reference to a draft order for the judge to use to strike out the claim due to abuse of process (assuming this is NOT a set-aside hearing) but the current advice posted today/yesterday by @Coupon-mad is not to bother with a draft order because cases are not being struck out.  Though perversely someone posted (also today) a notice of judgment that struck one out for abuse of process.  Judge bingo/lottery!

Coupon-mad

No draft order, that's old news.  Things move on and a telephone hearing is fine.

PatrickReacher said:
I received a Notice of Hearing in the post. It will be a unfortunately be by telephone 

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".

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? 

You need to refer back to the NEWBIES thread if you don't know what to include as exhibits, there are suggestions there and of course the receipt is just one.

Am I right in saying this should be: The Claim Form, the Defence and my Witness Statement? 

Not the Claim form. 

What about your index page and costs, as per the example in the NEWBIES, and the photos of signs from GoogleStreetView or your own, and the Beavis sign (TBH all this is already said in the NEWBIES thread).

PatrickReacher

I've messed up: It says that I needed to have copies of my documents sent 14 days before the hearing, it is now 13 days before. I've almost compiled the pack, should I still send it or is it pointless?

Also, in their defense, there is a lot of reference to this website and that I have basically copy and pasted my defense. Is that normal?

Ferrybird

I would still send it, and make sure the PPC has a copy too. I'd email them but post a copy too and keep proof of both in case they try to claim at the hearing that documents were never received. No need for signed for, just use first class at the counter and ask for proof of posting.
The PPC is hardly breaking fresh ground with their claim, hence your defence is is going to look familiar to them. I'm certain if you look at their D and WS on other threads there will be copy and paste elements! Also you're not legally trained so surely it's ok to research and use resources available to you (as it says in one of the opening paragraphs of the template)?
Just make sure you go through the template and understanding what each point means before your hearing.

Coupon-mad

Yes it's normal and yes get it emailed to the court and claimant's solicitor before 4pm.  One day won't matter unless you get a horrible Judge.

PatrickReacher

Okay thanks guys @Coupon-mad & @Ferrybird.
I'm struggling with what else to put in my witness statement. This PCN is 2 years old so I couldn't have gone back and took photos. I have a cinema ticket proving I was a patreon and that's about it. I'll stick in the parkingeye v beavis and britannia v crosby bits but I'm not sure if I'm missing something?

Coupon-mad

Most people change the date in Google Street View and grab photos of signs from the right year.  Unless the location isn't shown?  You can change the date of image.

Ferrybird

Are there any pictures on Google Street view (gsv)? I think you can toggle back in time on some gsv maps, you may be able to take screenshots.
Have you included a rebuttal to the Semark-Jullien case, as this relates to Britannia v Crosby which you are wanting to rely on? The PPC is likely to bring up this case. If you need guidance see my WS (or it might be my defence....but you can include in your WS) which contains an explanation written by @Coupon-mad.
Your WS is your story....just include what happened on the day and any evidence you think you need. 
Post here for critique if you need guidance but you're against the clock!
Good luck!

Umkomaas

Ferrybird said:

Are there any pictures on Google Street view (gsv)? I think you can toggle back in time on some gsv maps, you may be able to take screenshots.
Have you included a rebuttal to the Semark-Jullien case, as this relates to Britannia v Crosby which you are wanting to rely on? The PPC is likely to bring up this case. If you need guidance see my WS (or it might be my defence....but you can include in your WS) which contains an explanation written by @Coupon-mad.
Your WS is your story....just include what happened on the day and any evidence you think you need. 
Post here for critique if you need guidance but you're against the clock!
Good luck!

Excellent post @Ferrybird, you'd be a great asset to the forum if you want to continue getting involved in giving really sound advice based on your experiences at the hand of the PPC network and their henchmen. 

PatrickReacher

Thanks again guys. The car parks street view only goes back to 2012. The PCN was in 2018.
It's so annoying because they only changed it to a 4 hour limit a few months before I got the PCN!