DB Legal & Premier Parking Logistics

Coupon-mad

I’d do what @Johnersh suggested.  Read it again.  Just do not allege fraud nor forgery or any other such word.

Johnersh

What's the point in suggesting that there's been no failure to display a P&D ticket, when clearly one was not. In principle the term is clearly breached. 

Shouldn't you be addressing why the terms could *never* be complied with, given that the machine never worked and the ppc has introduced no positive evidence that it was?

houndsoflove

Thanks for the points made, novice in all of this so grateful for the assistance and will take on board.  With regards to writing to WW/PPL would this be sent via DCBL or direct to PPL?

Le_Kirk

All documents to be served on the claimant using the address in the box on the original claim form (N1)

houndsoflove

Apologies, I was referring to the letter @Johnersh mentioned sending in his post.

Coupon-mad

Same answer.  You don’t write directly to a Claimant if they are hiding behind a solicitor. 

Fruitcake

The signature under the statement of truth looks like it is a dodgy digital facsimile copied from somewhere else.







His "signature" on the alleged contract looks completely different, as if it has been signed by a completely different person.

Fruitcake

The page numbers in the bottom right of each page appear to be the paginated bundle page numbers.

The numbers at the bottom of the four page contract are suspicious. as is the last page of the contract.

As already noted by C-m, the first three pages of the alleged contract are crisp and clear, with a page number 1 - 3 at the bottom of each page.

Page 4 of the alleged contract appears to be a copy of a different document, has the top 2/3rd of the page full and square to the edges of the document, but the bottom third appears to have been copied from a separate document superimposed on the previous 2/3rd of the page at an angle to the rest of the page.

The page number, 4, is outside the bottom 1/3rd section of the page that appears to have been copied from a different document.

houndsoflove

Thanks for the responses so far, I have updated the WS and v2 is linked below, hoping to get this sent over tomorrow unless there is any further guidance or feedback.

https://www.dropbox.com/s/el6rzdvaq0ix3lp/Witness%20Statement%20v2%20-%20redacted.pdf?dl=0

I have also taken the guidance with regards to writing to DCBL and penned the email below earlier.

Dear Sirs

Further to your recent correspondence providing the claimants witness statement I am writing to request that Mr Wilkins attends the court hearing in person on Wednesday 4th August to provide oral evidence and clarify the terms of the Parking Scheme Agreement and its execution/commencement.  In addition, oral evidence should also be provided detailing who was responsible for maintaining the Pay & Display machines on site at the car park.

I would also like to place on notice that I require full inspection of the original Parking Scheme Agreement document that should be provided to the court for review at the hearing.

Coupon-mad

Copy in the court as well.  I think I’d add:

The provenance of the purported 4 page ‘PSA agreement’ is clearly questionable and if you were not involved in putting those pages together I strongly suggest you take a closer look at what your client has provided and advise him to discontinue because there are issues that will be put before the Judge and full costs will be pursued for wholly unreasonable conduct.