UKCPM Claim form recieved, Poor Signage

Fruitcake

Have you received the scammer's WS. Did it arrive on time?
If you have it, please show us, especially their exhibits/evidence and the alleged contract between the scammers and landowner. Only redact your personal data. If the scammers have redacted anything, then please tell us.

TiredJockey

I've not receieved a WS from GS yet and hearing is this week so they're late, assume they'd send it by mail and just been through my email to make sure nothing is there. 

I've reread the last letter I received from the court and only relevant instruction is to the claimaint reading: "The claimant shall provide the court's listing team via email @.... no later than 3 clear days before the hearing, all contact details (telephone and email adress) of parties to attend the remote hearing..." 

So if im reading this right the claimant are supposed to be the ones that provide my contact details to the court? Doesn't make sense, especially knowing them. I know they have my details as I served them my DQ almost a year ago. Can only assume they haven't done this yet or the court is slow with this. I thought I didnt need to submit contact details again as that statement was addressed to the claimant and I'd already given them my details. 

Got off the phone with the local court who advised me on an email address to send my contact details to in any case, will see what happens next. 

Fruitcake

Yes, make sure you tell the court in writing your contact details, and that you haven't received the scammer's WS, which is a breach of the court order, so you request the case that the case be dismissed.

nosferatu1001

Think abnout this logically:
- you want to be in the hearing
- the only way to be involved in the hearing is for the court to have you details
- given the claimant hasnt yet provided your details, to your knowledge, emailing the courts directly is obvious, as it achieves your objective

As for their WS - when was their deadline? Exact date
This will be on the Order
Email the court stating you have not been served a copy of the cllaimants bundle, as ordered on X date by Y judge and they have not, to your knowledge, applied for relief from sanction. You ask the court to strike out the claimants claim as they are in breach of the Order and thus have no evidence filed to prove their claim
Were you checking junk email regularly? It often goes there

Coupon-mad

It does seem badly naive to me that any court thinks it is OK for consumers (and in some cases their lay rep, who could be a third party like me, who doesn't want to hand over my personal data to scum) having to give phone numbers to a known scam industry using robo-claim legal firms, whose interests are mainly and blinking obviously focussed on the needs of their shonky client.

TiredJockey

Just received gladstones bundle, only 2 days before the hearing, already sent email to the court before this explaining that i'd not received the bundle. Not sure what next best step is, maybe to mention this during hearing? 

Fruitcake

Mention it before the hearing starts as an important preliminary matter.

Post the scammers WS asap as already requested. You may just have time to create and send send a supplementary WS with comments about the scammers WS, stating you wish this to be added to your bundle because the scammer's bundle/WS arrived late. Serve to the court and the scamlicitors.

Whether or not it is allowed, knock up a set of crib notes so you can challenge each point made by the scammers in their WS at the hearing.

TiredJockey

Have extracted and redacted their witness statement at google drive below, also attached were their exhibits, photos from the original PCN, photo of the signage and "contract", google map streetview screenshot of the entrace which funnily shows what i consider to be the poor principal entrance sign, a poor site plan which is a combination of google maps and MS paint (also not accurate) and a redacted land owner contract. 
https://drive.google.com/file/d/1UzwhU8ZhaRxVrBhYBizAuWEzSWmVKbNC/view

Fruitcake

The statement of truth is wrong so needs bringing up as a preliminary matter as well.
It say, The Claimant believes ... but the claimant is a company, not a person, and is therefore not capable of believing anything.

We'll need to see their exhibits, especially the alleged contract, as soon as you can mange it.

Coupon-mad

So she dated it 9th February.  Did it arrive by email or post and if the latter, was there a date of franking on the envelope?

You need to also point out to the Judge that this legally represented serial litigant is misleading the court by quoting the losing party's case in Vine, and passing it off as if it was the final rationale of Roch LJ:

11. What is more, without concession, even in the unlikely event the Defendant didn’t see the signs I

submit they ought to have done so. As Lord Justice Roch observed in the Court of Appeal case of

Vine v London Borough of Waltham Forrest 2000; “Once it is established that sufficient and

adequate warning notices were in place, a car driver cannot be heard to say that he or she did

not see the notice. Were that to be the law, it would be too easy for car drivers who trespass

with their cars to evade the only method land owners have of stopping the unauthorised parking

of cars in parking spaces or parking areas on their property”

Search the forum for Roch Vine rationale and look for a post by @Johnersh that explained this, a couple of years back.  Used loads of times here.