Defence letter

Jafface

I did nt notice that 

KeithP

But the real point is... did the incident take place in February or April?

Jafface

February 
04/02/2017

KeithP

So the Claim Form says the incident took place on...

which, by convention, in England means 2nd April 2017.

Yet the Parking Charge Notice states that the incident took place on...

which by the same convention is 4th February 2017.

They can't both be right.

Clearly the Particulars of Claim are wrong because they are claiming that the 'PCN details' are somewhat different to what the PCN actually states.

Jafface

It was definitely  4th February 2017

KeithP

Yes, but the point I am now making is that the Particulars of Claim are stating that the PCN says one thing when quite clearly the PCN says no such thing.

That is blatant misrepresentation.

Yasmin Mia really must check her facts before allowing her name to be appended to any court documents.

Jafface

Do I need to address this ?

D_P_Dance

Of course you do.

Jafface

I have amended my witness statement stating the date is wrong is that ok or do I need to do it separately? Sorry for all the questions just want to get it right 

Coupon-mad

Why not re-word it that you have reviewed the Particulars of Claim (POC) and can categorically deny that you or the vehicle were at the location stated on the date stated in the POC, 2nd April 2017.  The Claimant has not made an application to amend their particulars so it is extremely difficult to address the POC accusation, when no such event took place on 2nd April 2017.  The only parking charge that the Defendant knows about is one from February 2017, two months earlier than the POC suggest the car parked.  Should the court decide that the Claimant may amend their POC to switch dates without sanction and the hearing proceeds, then the following is the sequence of events:

Please show us your WS draft again once you have added the above.

You also need to add two things about the new Parking Code of Practice:

One paragraph based on the fact that the Government has banned the false 'costs' add-on, with the DLUHC Minister, Neil O'Brien, in the Code's Foreword, declaring the aggression and exaggerated costs addition 'designed to extort money from motorists':

https://forums.moneysavingexpert.com/discussion/comment/79013061#Comment_79013061

And if this is about 'no stopping' then find the bit in the new Code of Practice that says that setting down or picking up passengers is not a breach/not parking, and that no stopping zones are strictly for Airports or other rare sites with extreme safety concerns.  Certainly not a category that includes a run of the mill retail park where normal parking management with consideration and grace periods would never allow a charge to be issued in 24 seconds flat and where there was little or no attempt to place prominent repeater (Clearway/no stopping) signs and double red lines that could be seen and understood from a moving vehicle without having to first stop.