Telephone Hearing to Set Aside CCJ at Country Court

injectedmadness

That is a stock image of a sign. I could use a search engine to find something like that and then say it is what is on the site. Is it identical to the signs on the site itself? Are the signs prominent and easy to read or are they high up, damaged, out of site, covered in foliage etcetera?

It does look like it is identical to the site. Although I did a walkthrough today and the extensive signage that they have shown in their Witness statement doesn't exist today. For some reason this was taken down.

The sign is prohibitive, offering nothing (no consideration) to a motorist who does not display a permit.

I have included this point in my Witness Statement. I will address this by driving up to the parking area and including pictures from the driver's perspective (will ask a passenger to do this).

How big are the actual signs in comparison to the ones in the Beavis case?

The size of the £100 charge is not prominent, nothing like the one in the Beavis case.

I will do a side by side compare of these in my evidence.

The sign is showing a prohibited premium rate 'phone number.
Surcharges for car payments are prohibited.

Is this something I should include in my witness statement?
@Fruitcake

injectedmadness

Le_Kirk said:

injectedmadness said:

Le_Kirk said:

injectedmadness said:

I'm very hopeful of this. I have been in touch with the landowner's representative. He has suggested he will raise this with the directors and push for UKCPM to cancel this. He is also going to write a letter to me confirming their intention that they do not want to pursue this. So I'm hoping that even if it doesn't get cancelled, it will help bolstering my defence further.

You should go further and pressure the directors to remove, not just the PCN but UKCPM; they are not required on a residential site.

I think they recognise the issue. 
I see the need for a service provider to keep an eye on individuals that park in bays that aren't allocated to them. 
The engagement of UKCPM doesn't seem that well thought out. What alternatives would you suggest?

Well it's clearly not working either, else you would ALWAYS have your own space available!  Alternatives are bollards, key operated or remote control by key fob owned by the resident.

Once this is all put to bed, I will try and generate some consensus and convincing residents that we do not need them to monitor our site.

Coupon-mad

I believe that the facts stated in this defence  witness statement are true...

See above.

Have you shown us the WS and landowner authority in this case?  We deal with so many UKCPM threads it's impossible to know which is which(!) but the landowner authority documents recently (that arrive with their WS from Jack Chapman) have been dodgy and in one case, looked like a forgery.

Have you searched the forum for Jack Chapman UKCPM and learnt all about that issue?

injectedmadness

@nosferatu1001 I have decided against using the PoFA argument. It seems to have been submitted correctly with all the details listed on one of the other websites.

@D_P_Dance I haven't written to the MP yet. I have reached out to our local councillor who is much more proactive than the MP here. Awaiting response. I think I will take you advice and send the same letter to the MP as well.

injectedmadness

Coupon-mad said:

I believe that the facts stated in this defence  witness statement are true...

See above.

Have you shown us the WS and landowner authority in this case?  We deal with so many UKCPM threads it's impossible to know which is which(!) but the landowner authority documents recently (that arrive with their WS from Jack Chapman) have been dodgy and in one case, looked like a forgery.

Have you searched the forum for Jack Chapman UKCPM and learnt all about that issue?

Thanks for spotting that, I will correct now.
No I haven't posted here a copy of the Witness Statement they submitted at the set aside stage (which as you suggested before they tried to hijack and turn into a mini trial). I'm not aware of the landowner authority documents, I don't think they included anything like that in their trial bundle. 

Although their Index page called out that the WS was written by Jack Chapman, but in actuality it was written by another paralegal. Their witness statement addressed specific points raised in my witness statement for the set aside hearing. I noticed though reading other WS's they've submitted quite a fair bit was copy paste job.

I haven't received anything from them yet regarding for this stage of the case. Maybe once I do, I can share here.

injectedmadness

I will now prepare my evidence bundle and cost summary. Is it possible to claim costs for private counselling that I have had to attend to manage the anxiety. I can support my claim with a letter from the hospital?

Umkomaas

Doubtful, but put it in, the Judge can only say "No". But it does add to the 'unreasonable' angle you'll need to argue in order to claim anything other than the basic costs normally in play in the small claims court. 

injectedmadness

@Umkomaas thank you for the response. 

KeithP

Para 30 in your Defence still has some red writing in it.

injectedmadness

@KeithP I will update the final versions with all the correct info and update the fonts. Thanks for pointing out.