JUDGEMENT OR ORDER RE PRIVATE PARKING TICKET

roythefone

Hi, i have a telephone court hearing soon, and last week i recieved a lengthy 30 page dossier from  solicitors defending every part of there claim, i had previously usedd a MSEtemplatein2019 and i had it thrown out and won, and they also sent me a letter last week saying they will reduce fines by £80 if i pay before court date to avoid costs. In Febuary  this year i entered my defence via MCOL then got a  judgement of order from the county court in July.
i am currently diagnosed as having Mental Health issues and am on anti-depressants and am really fearful about this call from the court.
Please give me some help if possible

Le_Kirk

It looks like you are another one who is suffering from the stayed claim being set aside by a judge.  Search the forum for  "stayed claims" or look at any of the posts from today and yesterday.  Did the order from the court (the one that advised about the telephone hearing) state that you have to submit your defence again or witness statement?
Search for any posts by @inasanalias

Coupon-mad

If you have a hearing soon, you are surely at witness statement and evidence stage, as the NEWBIES thread explains. 

The hearing date letter tells both parties when they have to get this WS & evidence in by, and guess what, that was the 'dossier' from their side. 

Where's yours?  Have you done a WS and evidence?  You are not stuffed, get on with each stage.

It was on your hearing date letter and you are probably now late, but do it ANYWAY!

If not, copy one (read the threads by @blancswann and @painbl where I wrote WS in the past couple of weeks, look for my post and copy and adapt those to suit, removing OF COURSE anything not true for your case (e.g. if you were driving you do not lie and deny it of course!).

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

D_P_Dance

It is not a fine.  It is an invoice from an ex clamper/scammer, have yiou not done any research? Have you complained to your MP as nine times out of ten these tickets are scams. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

roythefone

i filed my defence in febuary via mcol,is that the same as witness statement? and do i email that again to the court? i have emailed court of my contact number and email address 
  

KeithP

roythefone said:

i filed my defence in febuary via mcol,is that the same as witness statement?   

No it is not.

A Witness Statement, together with evidence, is entirely different to a Defence.

You surely know that having read the second post of the NEWBIES thread.

Coupon-mad

Coupon-mad said:

If you have a hearing soon, you are surely at witness statement and evidence stage, as the NEWBIES thread explains. 

The hearing date letter tells both parties when they have to get this WS & evidence in by, and guess what, that was the 'dossier' from their side. 

Where's yours?  Have you done a WS and evidence?  You are not stuffed, get on with each stage.

It was on your hearing date letter and you are probably now late, but do it ANYWAY!

If not, copy one (read the threads by @blancswann and @painbl where I wrote WS in the past couple of weeks, look for my post and copy and adapt those to suit, removing OF COURSE anything not true for your case (e.g. if you were driving you do not lie and deny it of course!).

I already told you this!  Already said it is NOT your defence.

THE NEWBIES THREAD WARNS EVERYONE TO READ ALL OF IT AND THAT DEFENCE IS 'NOT YOUR ONLY JOB' AND WHAT HAPPENS WHEN...(not sure how much clearer we can make the advice).

roythefone

thank you now i understand i have found the WS and will amend and send toda,y,i nevever actually recieved a date for it to be submitted and yes there WS looked intimidating but after reading about there tactics im feeeling better so will update this post on court date.......Many Thanks 

roythefone

is there another witness statement link to my actual situation? which was.....a unknown driver used  my business van   and parkerd on private land

nosferatu1001

It will have been on the back of the hearing letter that told you the date of the heariing. 
Your  WS will be dead easy to write then, as you can categorically state you were not the driver. However you DO need to know if that matters or not, ie did they comply with POFA2012 or not. That was also your job when yuo filed the defence. 

nosferatu1001

No. Not that. 
Did they meet POFA? Yes or no.