Claim for 5 PCNs

lowryder

Therefore I decided to send a supplementary WS to prove that their records are definitely incomplete and actually far from the truth. Or at least, what they have provided is...

3.           The claimant has suddenly supplied a supplementary witness statement in response to my Witness Statement, on 5th May 2021, with a screenshot from First Parking LLP’s system. The Claimant stated that the screenshot contains a Pay By Phone Log with all payments received for the Vehicle in question (VRM XXXX) through Just Park app.

4.           I believe the Pay By Phone Log supplied does not include the full record (i.e. it only contains two payments). My JustPark account history alone contains many more that do not make part of your record. Based off that it is clear to me that not only your record is incomplete, but it only shows a tiny fraction of the actual payments made at parking space in question associated to VRM XXXX.

5.           I assume there must be even more from the other main drivers of the Vehicle. As I have stated in my previous Witness Statement, there are three insured drivers (incl. myself) on my Vehicle that have parked on the land in question numerous times.

6.           Exhibited at “EXHIBIT MB-06” of this Supplementary Witness Statement are screenshots of previous payments I have made within the JustPark app for parking on the land in question with the Vehicle (VRM xxx) that are not included in the supplied "Pay By Phone Log". For the sake of brevity, I only included five of them. I did not include the receipts as I felt they were inconclusive (they do not contain the VRM). The ones exhibited at “EXHIBIT XX-06” are for the following dates:

This is an example of a screenshot I have added.

https://imgur.com/a/zGBm7TP

 As stated above, I have added just five (none of them appear on the supplied "Pay By Phone Log" by them) of these to be as short as possible (not redacted ofc). I think the screenshot is enough as it shows the start/end of the parking period, parking name, post code and VRM of the car. Do you think the screenshot is enough to show that I have parked there for the day?

Do you think I should add the e-receipt as well?. As stated above, I did not include them as they do not contain the VRM and I wanted it to keep it short.

Also, at this point, if I email this supplementary WS to the court; do I need to email it again to them (i.e. parking firm)?

Jenni_D

In 4 you've used your a couple of times ... the SWS is sent to the court (and only copied to the C) so you should replace it with the claimant's. And yes ... anything you send to the court (excepting proof of salary for your summary costs assessment) must be sent also to the C.

Presumably the image includes a date as well as a time? (You've obviously redacted things for public viewing).

PS - in item 6 above you've left your VRM showing.

lowryder

Jenni_D said:

In 4 you've used your a couple of times ... the SWS is sent to the court (and only copied to the C) so you should replace it with the claimant's. And yes ... anything you send to the court (excepting proof of salary for your summary costs assessment) must be sent also to the C.

Presumably the image includes a date as well as a time? (You've obviously redacted things for public viewing).

PS - in item 6 above you've left your VRM showing.

Good catch. Thanks!
Yes, the screenshots do include dates & time for “From” and “Until”

Coupon-mad

I think that is enough evidence.

lowryder

I'm having my Trial on Tuesday remotely.
I have sent in my paginated bundle in time, however, on the letter I received couple of months ago with the decision (i.e. Trial Hearing) it said that I need to send in a "Joint Bundle Index" and a "Joint Hearing Index" no later than three days and that this should be agreed together with the Claimant and the Court...

DCBLegal sent me their trial bundle in a physical format (it is specified that they need to send it in in a pdf format). They haven't contacted me about the Joint Bundle Index or Joint Hearing Index...

Any ideas?
Hope I haven't messed it up...

Le_Kirk

lowryder said:

I'm having my Trial on Tuesday remotely.
I have sent in my paginated bundle in time, however, on the letter I received couple of months ago with the decision (i.e. Trial Hearing) it said that I need to send in a "Joint Bundle Index" and a "Joint Hearing Index" no later than three days and that this should be agreed together with the Claimant and the Court...

DCBLegal sent me their trial bundle in a physical format (it is specified that they need to send it in in a pdf format). They haven't contacted me about the Joint Bundle Index or Joint Hearing Index...

Any ideas?
Hope I haven't messed it up...

Contact them maybe!  Be proactive, you don't want a CCJ by default.

lowryder

Should I contact the court or the Claimaint? I contacted the Court, the lady there didn't know what I was talking about?

Also, it seems that it's our responsiblity; not just mine.

Le_Kirk

Contact the claimant if it is their responsibility to put together the bundle and index.  This will be indicated on your notice of allocation.

Jenni_D

It is usually the Claimant's responsibility to compile the bundle as they are (usually) legally represented.

lowryder

Thanks guys! I've contacted them two days ago (told them that they need to send me their trial bundle in an electronic format so I can put it together). They've ignored my emails. I have actually filed these myself yesterday with the mention that I haven't received any electronic bundle from the Claimant... I have sent another email today to the court saying that the claimant has no replied...

Maybe the filed this already without my knowledge. I find it hard to believe they haven't done the right process considering the number of claims DCBLegal has been pushing lately...

Although, I think it is unfair that they haven't sent me an electronic bundle as per the requirements. I'll have to scan this myself to have it as an e-bundle to be able to navigate easily on the day of the Trial...

The Trial bundle they've sent out to me physically did not contain any of my writings, except for the initial Defence. Again, I find this unfair. I believe they should have included my Witness Statements, especially as their witness statements were based off my Witness Statements. I did the same based on their Trial Bundle (i.e. did not include their WSes).