CCBC Claim Form PPS BW

barnstormerdog

Coupon-mad said:

Please show us your draft WS. 

There are enough examples to copy from, and the NEWBIES thread gives you a steer.

Sorry C-M I was up against the clock so put it in. I hope it was ok and I should have found time earlier but I have had a really busy time with work trying to make the most of the short summer season left after lockdown. Its a small window for us to actually make any money ( 2 months). However I got it in on time, via the post but I also emailed this morning to the court and the claimants solicitor at 12pm.
The deadline was today : "By 4:00pm on th 7th August 2020 the claimant must send to the court and to the defendant documents he intends to rely upon in the final hearing". 

BW Legal have not sent me anything in the post and at 4:40pm today I received their WS and bundle via email. So 40 mins late. 
I can post both their's and my WS if that would be useful.. ?

nosferatu1001

Showing theirs is always helpful. Any contract in there?

nosferatu1001

No, not going to bother anyone.

Have you done the obvious, and looked through the contract (if in there!) with the dozens of OTHER landholder contract threads out there? Look for things like the names of the entities being EXACTLY correct, check companies house to make sure the companies named exist and existed at the time the contract was signed, is it signed in accordance with section 44, and so on?
The more you do the better, because then you know the faults, youre not repeating back what someone else told you. 

Castle

barnstormerdog said:

Here's their WS.. It did come 40 mins late. Does that count for anything? I thought the deadlines are really strict.

You have left your name and address on all of the letters/NTK.

Coupon-mad

Can we see the PPC' WS and the landowner contract, please?

barnstormerdog

Here you go guys, I'll post my witness statement up later.. Their WS says PPS vs BLANK mynamesurnameclaimant. 
Thanks again all for your input and support. Sorry it's taken a while to post. 

Redx

Which shows no due diligence , a copy and paste WS where they didn't even check or change the template sections that require changing , plus they signed it as being truthful and accurate , so cast doubt on it in your WS

Castle

A few quick comments:-

1) The Land Registry exhibit is dated 29th January 2014; which is some 2 months before Devon and Cornwall Car Parks Ltd was incorporated on 1st April 2014. There is no evidence that Devon and Cornwall own the land or have a lease with the landowner.

2) Any contract is only being offered by Napier Parking Ltd and not PPS; as the "contract" dated June 2014 (1) makes no mention of allowing PPS to offer a parking contract, (2) all "Pay & Display" monies has to be paid to Devon and Cornwall, and (3) only Napier Parking name appears on the P&D Tickets.

3) The June 2014 contract also requires PPS to remain a member of the BPA at all times; they are a IPC member.

4) The weekly P&D Ticket purchased on 6th October 2017 has an expiry time of 01.15 (am) on the 13th, but it appears to have been purchased at 18.00 on the 6th; which suggests it should not expire until 18.00 on the 13th and therefore, makes the NTD on the 13th invalid.

5) As the vehicle didn't leave the car park, there has been no "second" contract and no "second" breach. The T&C's does not allow them to issue a ticket for each 24 hours, but only for one breach.

barnstormerdog

Thanks @Castle for your input, I'll be looking in to all your points more. Redx said:

Which shows no due diligence , a copy and paste WS where they didn't even check or change the template sections that require changing , plus they signed it as being truthful and accurate , so cast doubt on it in your WS

Annoyingly I rushed my WS so to meet the deadline of 4pm on the 7th. I did mine before receiving theirs. I actually just received their hard copy today and post date was 10/08/2020 so 3 days late. 
But can I add the above somehow? Or do I have wait and bring it up at the hearing. Which is over the phone in Nov.
Thanks

Le_Kirk

You can always submit a supplementary WS and you can ask that their WS is struck out as being served late (what date was it filed on the court as this is what matters to the court?)