DB Legal & Premier Parking Logistics

Fruitcake

When you receive the scammer's WS, please post it here for the regulars to check over. Upload it to Dropbox or similar in its entirety including exhibits, especially the all important landowner contract, and post the link here. You can do the same with your WS.
Hopefully it will arrive before you need to submit yours so you can add comments about theirs before you need to submit yours.
ONLY redact YOUR personal data, and please tell us if they have redacted anything.

houndsoflove

Evening all

I am just compiling my WS to hopefully give the lovely people on here a chance to cast an informed eye over.  A couple of questions in the meantime if anyone has any views:

1.  I have previous tickets from the car park the invoice is from which shows I have paid previously.  These were kept because I was able to claim my parking costs back as expenses and therefore I was in no position to lose out by not paying as I would have claimed the cost back.  Should I include this detail?  Part of me thinks it shows good character and the fact that I left a note on both occasions where the machine was broken shows not paying wasn't an after thought and why would I chance it when I have paid previously.  On the other hand something is telling me it may be a bad idea because it says I knew a valid ticket was required.
2.  I did a SARS request with the DVLA that show PPL requested by details twice for the two invoices.  The first is accurate, however the second, where it requests details to support their request by detailing the location of the incident, they have noted an address of a different car park in Birmingham.  My view is this is a trivial matter in the grand scheme of the case but thought i would for those with greater experience to tell me differently.

Redx

1) the latter

2) I do not understand the question or importance , or not

Le_Kirk

houndsoflove said:

2.  I did a SARS request with the DVLA ..................

No you didn't, you submitted a SAR, which is a Subject Access Request.  You don't want SARS - Severe Acute Respiratory Syndrome!  It is important to get these terms correct, especially if you are including it in a defence or witness statement.

houndsoflove

Grandpa says he's 'ruined' after being hit with £272.55 fine over 50p parking debt (thesun.co.uk)

"The company said the financial strain of the pandemic had forced them to "chase old debts" and that he'd been plagued with excuses from customers trying to get out of paying fines."

Not an avid Sun reader but stumbled across this today, do they think we should feel sorry for them.  The guy in question runs a shoe shop that will have been impacted by the pandemic as well!  Nice admission that that are dragging up any old claim to pursue.

Coupon-mad

All he has to do is set it aside as the shoe shop has never been his place of residence.  He’d probably get the court set aside fee back too.

The MP sounds clueless.

Snakes_Belly

houndsoflove said:

Grandpa says he's 'ruined' after being hit with £272.55 fine over 50p parking debt (thesun.co.uk)

"The company said the financial strain of the pandemic had forced them to "chase old debts" and that he'd been plagued with excuses from customers trying to get out of paying fines."

Not an avid Sun reader but stumbled across this today, do they think we should feel sorry for them.  The guy in question runs a shoe shop that will have been impacted by the pandemic as well!  Nice admission that that are dragging up any old claim to pursue.

This could be set aside as CM says. I would have though that previously being a magistrate he may had been able to get some legal advice regarding this matter.

The PPC's seem to latch onto whether the defendant has appealed and suggest that an appeal would have made a difference. We know that it would not but a judge might buy into it. This person though has not received any paperwork as it went to the business address which was closed.  

   

houndsoflove

Afternoon all

Having contacted the court to change the date, which was approved the hearing is now set for 4th August, and where the original notice of hearing asked for papers to be served by no later than 14 days, the new notice now states 7 days so by my reckoning to be safe I have until 27th July.  I have added a link, that hopefully works to a redacted first draft of the WS for any feedback or improvements that can be made.

I have updated the WS that is referred to with the new case  added on a recent thread and included as an exhibit.  I have made reference to this in the body of text as wasn't sure where to include so any suggestions welcome.

The sections highlighted in yellow are pending receiving the claimants WS in sufficient time.

Thanks for any help provided, as always really appreciated.

https://www.dropbox.com/s/jqn0dwvwk2b8f6w/Witness%20Statement%20v1%20-%20redacted.pdf?dl=0

Coupon-mad

Where the original notice of hearing asked for papers to be served by no later than 14 days

You must go by that!   A date of hearing changing doesn't remove the original Order. 

If you are deemed to have not complied with an Order then the Judge can refuse to hear any evidence AT ALL from you.  Don't go there. 

This new hearing '7 days' deadline is a secondary Order to tell parties to email what they are relying on, but they are expected (and obliged) to comply with all previous instructions.  One doesn't cancel out the other - heed my warning.

houndsoflove

Thanks @Coupon-mad really appreciate it as the paperwork isn’t the clearest so understand why people make mistakes without guidance!  

My only query, and I need to check the paperwork when I get back home, is that it would potentially mean submitting the WS before the claimant pays the court fee, would that be normal or does it make no difference?