PCN Received from New Generation Parking Management - Advice Required

Le_Kirk

Your witness statement as defendant will be there to back up and support with evidence what you put in your defence.  It is written in the first person.  You do not need to supply the defence again as it will have been sent to claimant by CCBC.  Use the WS by @aphex007 as an exemplar for format and style.

Coupon-mad

You are not using your defence as your WS.

No need to re-send the original defence; the court has that.

nero33

Le_Kirk said:

Your witness statement as defendant will be there to back up and support with evidence what you put in your defence.  It is written in the first person.  You do not need to supply the defence again as it will have been sent to claimant by CCBC.  Use the WS by @aphex007 as an exemplar for format and style.

Is there a thread that deals with the actual day of the hearing and what to expect /how to prepare etc?  Thanks

Trainerman

Just a couple of points to add to the wealth of advice above.

They complain about templates, yet this is the third or fourth of these that I have read in the last week, all of them identical in many respects. In my WS reply, I have responded to their P9 (xxv) as they talk about £60 whereas the add on (to us) was £70 and then to their P10 (xxvii) in that the 'Beavis' judgment specifically states that the fees do not maintain that land, and that later in the paragraph they say that 'operational costs' do not include Court costs. Court costs are a separate addition anyway, in terms of fees.

That is just me being an argumentative s*d pointing out inaccuracies. It may not be a good idea. Ours has gone in, so we will soon find out the hard way.

In any event, you have lots with the great advice above. Example, the PPC keep speaking of parking, you were not parked. You were loading and Jopson v Homeguard covers that.

Also, IMHO they are really flying a kite by trying to say that the Equality Act 2010 does not apply. I think you can really have them on that.

Good luck

Boat_to_Bolivia

@KeithP often posts a video about the actual hearing.
If you look at his posts you may find it there.

Also I've seen it suggested that a Crib sheet is a very good idea to keep you focused on your main defence points and any relevant exhibit numbers to back up your arguments.

I'm sure someone more knowledgeable will be along soon to advise.

KeithP

Boat_to_Bolivia said:

@KeithP often posts a video about the actual hearing.

Indeed he does, and here it is again...

www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and most hearings nowadays seem to be via telephone or video link.

nero33

Thanks all for getting me to the stage of a hearing.  

I made an error with 1 of my exhibits.  A letter from my wife. It has got her name & signature but she's hasn't put her address on the letter and I missed it.

Can I send it now or best to take the amended version on the day of hearing and refer to it or hand out copies to court/claimant?

Thanks.

Coupon-mad

No need to change it due to an address.  If she has signed a WS then she should attend the hearing with you anyway.  Otherwise her WS is hearsay.

nero33

KeithP said:

Boat_to_Bolivia said:

@KeithP often posts a video about the actual hearing.

Indeed he does, and here it is again...

www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and most hearings nowadays seem to be via telephone or video link.

Thank you.  It's a lot more informal than I thought it'd be so that's comforting to know.

nero33

I don't know if this is normal practice but this morning, I received the Claimant's Trial Bundle in the post and also a colour copy of my entire witness statement plus exhibits!

I'm delighted because I don't have a printer, so that particular problem is solved.

But a bit worried because they seem to be very confident.