CCJ. Parking fine sent to old address

Coupon-mad

This is how hearings work, they are fast moving and you have to seize your moment and sum up quickly but compellingly what the legal issues are.

Removed entrance signage and no keeper liability, in this case.

Olive_j

@Coupon-mad I just checked your message. In 2018 there were no signs. They added the fences to either side and added the signage in 2019. 

Coupon-mad

So a timeline of Google images will help your case.

Johnersh

Bear in mind the claimants witness statement will be generic in nature. They will have no personal knowledge of the signs and are unlikely to have ever visited the site.

Indeed I'd go as far as to say that they are usually rich in argument and light on fact insofar as any information contained therein is derived from other sources such as what they've been instructed or what information is on file. 

Olive_j

Olive_j said:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The Defendant denies being the driver of the vehicle on the relevant date.

3.   The Claimant’s Notice to Keeper, dated 03/08/2018, was served outside the period mandated by Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”), and is therefore null and of no effect. Consequently, the Claimant is unable to hold the Defendant liable as the vehicle keeper. The Notice alleges that the vehicle was observed at 15:14 on the material date. It does not state a period of parking, which is mandated by Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”). The Claimant’s Approved Trade Association, the International Parking Community (“IPC”), mandates that a minimum 10 minute grace period must be allowed before any parking enforcement occurs.

Thank you very much for all of your comments relating to the claim form/PCN. Do I need to add them to the above, or only to the witness statement? 

Redx

Personally , I would add one or two short concise Numbered paragraphs outlining the lack of signage at the time , plus the fact it's forbidding signage so you cannot contract to do what is forbidden , as 4 & 5. Keep it very short on each one , should take about 20 minutes at most. You renumber after slotting them into the rest of the template , because the lower paragraphs all need renumbering

Expand on everything in your WS , as much waffle as you like , especially the above comments in greater detail

Check the @jrhys WS example and ensure their extra charges are addressed , adding the Wilkinson case and Recorder Cohen judgment to your WS , in case it didn't go your way for some silly reason , which we hope won't happen but it minimises the total by getting the debt collector charges etc removed
 
Then add your costs including the £255 into your summary costs assessment and add as a further exhibit , mentioning each exhibit in your WS and marking each exhibit with a reference , such as OJ/01 , OJ/02 etc ( your initials and a number )

Le_Kirk

I agree that it is looking like a good defence now, add the points made by @Coupon-mad and @Redx.

D_P_Dance

The amount claimed id excessive and is likely to contain unlawful amoumts, have you read this?

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

FrankCannon

Should Olive be considering a counterclaim so that UKCPM cannot discontinue and she can recover the set-aside cost ?

Olive_j

Thanks @Redx. Is it acceptable to ask for the £255 when the set aside judge ordered no order as to costs?