EDIT: WITNESS STATEMENT : Highview parking DCB legal

D_P_Dance

Civil matters are dealt with in county courts, google it.

Coupon-mad

Given that the template defence already covers rebutting the 'relevance' (none) of the Semark-Jullien case, why do people keep telling us about it and telling us what the horrific bully robo-claim solicitors have said?  Who honestly cares what they say?  This is all covered already in the template defence.

BrownTrout

Coupon-mad said:

Given that the template defence already covers rebutting the 'relevance' (none) of the Semark-Jullien case, why do people keep telling us about it and telling us what the horrific bully robo-claim solicitors have said?  Who honestly cares what they say?  This is all covered already in the template defence.

because people simple dont spend time reading.

Redx

BrownTrout said:

Coupon-mad said:

Given that the template defence already covers rebutting the 'relevance' (none) of the Semark-Jullien case, why do people keep telling us about it and telling us what the horrific bully robo-claim solicitors have said?  Who honestly cares what they say?  This is all covered already in the template defence.

because people simple dont spend time reading.

The strange thing is that they are reading what dcb legal and b w legal are telling them in writing , but not reading what is on these forums , then they wonder about the bias and disinformation and plague us with it

Pay a lawyer if it's beyond the victim

Yes they are correct that the Semark case means a judge won't just dismiss the case , meaning a judge will consider each part of the case and dismiss anything they don't agree with , so the £60 is double recovery even if it's not an abuse of process and is usually struck out because it's not a core term , it's gilding the lily

Claimants add all kinds to a claim , it doesn't mean that they automatically get what they add , the judge makes a judgement call , which is why it's a judgment

beamerguy

BrownTrout said:

Coupon-mad said:

Given that the template defence already covers rebutting the 'relevance' (none) of the Semark-Jullien case, why do people keep telling us about it and telling us what the horrific bully robo-claim solicitors have said?  Who honestly cares what they say?  This is all covered already in the template defence.

because people simple dont spend time reading.

And they won't ..... how many people never read T&C's ?
How many Judges actually read the WS and as we know there is one judge who has not read POFA2012 ? ...... and these are professionals ?
For every 10 who are chastised for not reading the Newbies thread, another 10 pop in and so it goes on and on. It's simply not worth raising your blood pressure for.

D_P_Dance

 how many people never read T&C's ?

Many T&Cs are pants.  When I let one of my flats through  through a new letting agency their T&C  ran to 4 pages of small print.  I deleted most of it, signed it, and sent it back.   They did not quibble. 

Hpralmo

Hello again, 

I have an update - I have received a Claim Form.  

The problem I have is that in writing my defence, I don't have any evidence as this took place in 2015 (June 13th). 

I think the main (true) argument I should use is that I was trying in good faith to leave and I was not able to because I was blocked in by other cars (due to intense traffic) (is this called frustration of contract?)

I spoke to citizens advice and they just read me things off of this forum. But they did say that I could ask for how many other PCNs were given out that day and overturned - as other people may have been able to do this. But that it would be up to the judge as to whether they would think that evidence is worth asking for. 

Has anyone ever tried this route? I know most of the stuff on here is about the small print of the parking signs but I am not sure how that is relevant here and I also don't have a photo of the signs as they were in 2015. I was advised by citizens advice to just write what happened - but I don't know how well that will go down in court. 

Thanks again for any advice!

beamerguy

Assume the claim form is from DCBL.

What are they asking for, how much and have they said the amount incudes DAMAGES

Was it signed as a statement of truth by Yasmin Mia ??

Redx

CA are wrong , in almost every reply above

No evidence is submitted at the DEFENCE stage , especially not the story or witness statement which you can write in several months time , not now

It is the claimants job to prove their case , including with any evidence

Other cases will not tend to sway a judge unless it's a higher court judgment

I replied on a similar complaint the other day , and said try Google Street view , I even found pictures on gsv and posted links , although it was a place in Birkenhead , so not your location. Giving us location details can assist. It is the claimants job to show signage etc , in a few months time

The coupon mad defence template is what you should adapt , and include that frustration of contract argument

But First , post the issue date from the claim form below

Hpralmo

beamerguy said:

Assume the claim form is from DCBL.

What are they asking for, how much and have they said the amount incudes DAMAGES

Was it signed as a statement of truth by Yasmin Mia ??

Yes DCB Legal.

They are asking for £140 as the total of the pcn(s) and damages, interest at 8% pa and 3p a day. 

In total £205.64 plus £25 court fee plus £50 legal representatives costs = £280.64

And yes signed by Yasmin Mia.


The issue date is 21 April. I have just done the acknowledgement of service.