Trace Letter - Is it too late to ask the landowner

Coupon-mad

Just add the statement of truth needed, re-sign and date and re-send to the local court and solicitor.

nick325i

OK. Did you say I copied the wrong part from Ricky's WS?
Do I need to change that?

Coupon-mad

I don't have time to check but it read a bit like a defence.  Doesn't really matter so leave it.  Thing is, as you've now already sent it to the court, I don't think you should tinker with the wording now.

Just add the relevant statement of truth and re-sign and date it, and get it off to both now.

nick325i

Ok will do now

nick325i

Coupon-mad said:

I don't have time to check but it read a bit like a defence.  Doesn't really matter so leave it.  Thing is, as you've now already sent it to the court, I don't think you should tinker with the wording now.

Just add the relevant statement of truth and re-sign and date it, and get it off to both now.

Can I ask what the next steps would be? Am I attending the court date?

Le_Kirk

nick325i said:

Coupon-mad said:

I don't have time to check but it read a bit like a defence.  Doesn't really matter so leave it.  Thing is, as you've now already sent it to the court, I don't think you should tinker with the wording now.

Just add the relevant statement of truth and re-sign and date it, and get it off to both now.

Can I ask what the next steps would be? Am I attending the court date?

This is from an earlier post of yours: -

Court date now confirmed

and you are providing (have provided) a witness statement and evidence so, yes you would be expected to attend court on the date shown in your Notice of Allocation.  Is it a F2F or a telephone/video hearing?

nick325i

I have provided a witness statement but nothing to dispute signage or anything like that. Just to say I had no means of paying. I think it is a fairly weak one. What's the worst case scenario? Forced to pay £278 or could it be more?

Le_Kirk

nick325i said:

I have provided a witness statement but nothing to dispute signage or anything like that. Just to say I had no means of paying. I think it is a fairly weak one. What's the worst case scenario? Forced to pay £278 or could it be more?

It could be less if the judge takes account of the latest Government code of conduct that says debt admin costs are not allowed and knocks off the spurious £60.  Read this: -

6. The Department for Levelling Up, Housing and Communities ('DLUHC') has published, as of 7 February 2022, a statutory Code of Practice which all private parking Operators are required to comply with. This states, as Section 9, that "The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued".  In the present case, the Claimant has added a sum of £60, described as 'damages', which is clearly contrary to the intention of the Code. Whilst it is accepted that the new statutory Code does not take full effect immediately, it clearly sets out the Government's intentions regarding private parking and the Court is invited to strike out this element of the claim, irrespective of the determination of any other element

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

The false costs were described as "extortion" by Government.

Coupon-mad

Nope, if you lose it will be less than £200.  Stick around and learn.  You need to read more court threads!

You MUST get your head around how to argue (if you lose) that a parking firm can't add £60 or£70 in fake costs.  But you know that because you have those words in your WS.

You also know what you have to do before the Hearing, because the Hearing Order tells you.  In person or telephone?

nick325i

I was looking to go but telephone would be better. It's tomorrow