Allotment/ UKCPM Parking Defence

ehannahr

So can I check - to file this I do the same as for the defence statement?
Email it as a pdf to CCBCAQ@Justice.gov.uk
and copy in enquiries@gladstonessolicitors.co.uk
with the wording:
URGENT RE CLAIM XXXX  - Please find my Witness statement attached.

Coupon-mad

Witness statements don't go to the CCBC.  They are not your local court and were only an admin team involved at the time the claim was filed.

ehannahr

ooh okay  - I need to find the correct email address for the Mayor's and City of London Court tomorrow!

I've uploaded a copy of my finalised (I think) Witness Statement (redacted) for anyone to give last minute suggestions:

 https://drive.google.com/file/d/109h34NPGW6boflVwPw0k4hDWjY5pU_wc/view?usp=sharing


(just spotted typo in index - XX-05 is 2011 not 2009)

Coupon-mad

I think they will discontinue.

But longterm, you will need a solution to get Ukcpm to go swivel.  Why not just insist those two spaces are opted out of enforcement?

ehannahr

That's a brilliant idea  - if they do back down or lose the case then we'll write to them 

Johnersh

One question, and it may depend on what is already said in the defence, but do you definitely want to concede that the dispensation code wasn't visible in your statement?

A tactical point to consider, but can Ukcpm prove that? Will they argue it was possible to display it? Might you be better off omitting the code  altogether? 

If you're absolutely required to display a permit (which probably would be adhesive and not blow over) but in fact you were never issued with one, the contract becomes impossible to perform, since the ppc has failed to perform their essential precondition of the contract (in addition to any further rights you had to park). 

ehannahr

Hmmm -   in my defence I stated: The claimant points to the requirement to display a permit but failed to providethe defendant with the necessary permit to display, thereby forcing the defendant to improvise with unsuitable materials.

 And it was mentioned as part of my original (rejected) appeal to the IAS:
"CPM finally issued a dispensation code instead. Having only just discovered this from Louisa as I set off to the allotment, I had not come armed with heavy gauge paper and so wrote this code on a piece of scrap paper I happened to have on me, and displayed it. (see attached photo) But at some point it must have blown off my dashboard when the car door opened - this would not have happened had I been using an official parking permit."

ehannahr

Oh and yes they have photos of my windscreen with nothing showing in it

ehannahr

I like it though @Johnersh  - I've amended point 12 thus:
The newly erected signs were rather discreet and used very small text so I did not notice them - Exhibit XX- 10  which is in contravention of the IPC's Code of Conduct -  Exhibit XX-11 -  of which the Claimant is a member.  If according to their signage, anyone parking is absolutely required to display a permit, but we are never issued with one, the contract becomes impossible to perform - the claimant failed to perform their essential precondition of the contract.  But whatever the wording, I do not believe they apply to the allotment holders as we had prior authorisation to park.  It is therefore denied that the claimant’s signage is capable of creating a legally binding contract.

Coupon-mad

Even better.