Letter of claim over historic parking charge

KennyMc157

KeithP said:

That's so good to hear. Thanks.


But a word of caution...

So often we see that the Claimant will object to this strike out on the grounds that they did in fact comply with the court order - in this case by returning the DQ in time - but it is the CCBC that has failed to record that returned DQ.

Don't throw all your paperwork away just yet. Keep it for six years.

I hope I am wrong.

They had two goes to send it in, so I'm hopeful that any such appeals will fall on deaf ears (there were undoubtedly postal problems though - my own DQ was posted  22/12/21 and only showed as being received on 13/01/22 on MCOL), The reminder gave them another week to send it (by email or post) and it went over two weeks past that deadline before it was finally struck out. But yes, of course anything is possible and I will keep the paperwork in case they come back for me. One final question (for now) does the 6 years expire 6 years from the issue date of the parking 'fine'? If so, I've only got 9 months to worry it, the original 'offence' being on 21/11/2016.

KennyMc157

D_P_Dance said:

The ppc has wasted your time, now waste theirs, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

If I'd have had my day in court and categorically won with no (or very little), prospect of an appeal from them, I'd consider this. For now I'm just happy to put it behind me and I would be wary of antagonising them into appealing the strike out, or launching a fresh claim. If they were wavering whether to contest it or continue with it, my making a claim such as this may tip the balance into them deciding to come after me again and that's the last thing I want. Lily-livered I know, but I'm no Crusader and am happy for the whole thing to just go away now. Thanks for the advice anyhow.

KennyMc157

KeithP said:

That's so good to hear. Thanks.


But a word of caution...

So often we see that the Claimant will object to this strike out on the grounds that they did in fact comply with the court order - in this case by returning the DQ in time - but it is the CCBC that has failed to record that returned DQ.

Don't throw all your paperwork away just yet. Keep it for six years.

I hope I am wrong.

Dammit, you were only right with your words of caution. The thing was struck out on 17 February, I have now been advised that as of 24 June it was reinstated. No explanation offered of course - just a letter confirming the reinstatement and to advise it has been transferred to my local CC (Liverpool). I have my witness statement and pictures on file, so I will be going over that over the weekend. I'm waiting on the Judge's directions, which I'm presuming will be a date for the hearing? One question for now - if I managed to stretch things out until 22 November (I know it's a stretch being almost 5 months) does it then go away as 6 years will have passed since the original ticket was issued? I doubt I can manage that and feel like it will definitley go to a hearing now, but any tips would be appreciated.

KeithP

KennyMc157 said:

KeithP said:

That's so good to hear. Thanks.


But a word of caution...

So often we see that the Claimant will object to this strike out on the grounds that they did in fact comply with the court order - in this case by returning the DQ in time - but it is the CCBC that has failed to record that returned DQ.

Don't throw all your paperwork away just yet. Keep it for six years.

I hope I am wrong.

One question for now - if I managed to stretch things out until 22 November (I know it's a stretch being almost 5 months) does it then go away as 6 years will have passed since the original ticket was issued?

I think you'll find that the six year limit went out of the window when they filed a Claim - 23rd September 2021 - but someone else will be able to confirm that.

Coupon-mad

That is correct.  Onwards and upwards!

Latest examples of thorough WS bundles you can crib from, are by @wobs2k and @aphex007 and @Daiapolon2021

KennyMc157

Hi all. I have my day in court on Wednesday and am just finalising my presentation. My next question is about that - will I be given the floor as it were, to offer a narrative defence? I have submitted my witness statement, had theirs back* and am just preparing my responses. My arguments are going to centre around the lack of signage. As well as the poorly maintained signs in the park (GSV shows two images 16 months apart which show a sign showing the exact same damage pattern, I am offering this as evidence of shoddy practice, though the images were after my charge was issued) they have offered up their contract which states they will operate under the terms of BPA-AOS. The BPA AOS terms at the time of my ticket state that operators must have signs at the entrance to the areas. The word must is mentioned four times in respect to the entrances having signs and they do not have them to this day. (It does mention that they can apply for exemptions but if they have an exemption I am hoping the solicitor on the day will not know of it). I am going to mention the misleading positioning of the signs as well, but my main argument is that I entered into no contract as in effect no contract was offered to me. My questions after all this then:- how much time will I have to present this argument? Am I ok providing additional evidence (printed copies of the relevant paras from BPA AOS)? I am bricking it somewhat - purely due to the total alieness of the situation for me, but any clues as to what to expect when I go in there would help allay some of my nerves.

*DCB Legal's first witness statement was heavy with POFA references - claiming that I had not admitted to being the driver on the day, which I admitted from the off. Only after receiving my own witness statement did they send a supplementary. This was further photographs attempting to refute my own photographic evidence, along with a 'kindly request that the court disregards comments mad in the first witness statement pertaining to the company's compliance with POFA and  pursuing (me) on this basis. Due to an administrative error this was entered incorrectly...'

Not wanting to come over all Saul Goodman, but is there anything I can use with this? Are they actually allowed to send evidence after the cut off date (14 days prior to the hearing)?

Thanks for listening

Coupon-mad

You can raise as a preliminary matter, soon after the initial Hello Sir/Madam, that the Claimant has tried to have two bites of the cherry with two conflicting WS and you object to the very late second one, which has tried to seize an advantage by replying to yours.

You respectfully ask the court not to grant any relief from sanctions and to dismiss the late WS.

KennyMc157

Ok, I'll give that a go thanks. If the judge refuses my request (if they don't even), any tips on the process that will follow?

Umkomaas

The Judge will ask the Claimant to outline their case, you will be asked to outline your defence. Neither you nor the C will be 'given the floor' like some latter day Perry Mason (or present day Slippin' Jimmy!). The Judge may ask both sides a question or two.  On the other hand, he might have made up his/her mind before anything starts. The hearing might only last 10 minutes or so. None of it is totally predictable.

Have a look at this if you've not previously seen it - originally posted by forum regular @KeithP.

https://www.youtube.com/watch?v=n93eoaxhzpU

KennyMc157

I was speaking figuratively, but thanks for the link. If I get 10 minutes to speak I think I have a strong case, but as you say, it may already be deciided before either party opens their mouths, so we'll see. Thanks again.