New direction questionnaire from a stayed case in March 2020!!

Debunked

Ok thanks for that. Just assumed because of the re-start would be able to add some bits from the last order until now. No bother just keep it the same. 

Johnersh

Hang on.... Didn't the original order say that the new PoC needed to be filed within 7 days *or the claim be struck out*

Sod the DQ, is there even a claim to resurrect here?

How long have the PoC been at Court and has the defendant ever seen them?

It is quite possible the claimant may need to start again with a wholly new claim. 

Coupon-mad

And what happened when you sent the email I suggested, pointing out the C was in breach of the Order and asking the court to strike the claim out?

You need to add a supplementary WS adding chapter and verse about that failure and unreasonable conduct by the Claimant (assuming you have already sent a WS and evidence earlier - I am not talking about your defence)?

Debunked

Good evening @Coupon-mad, glad to hear from you again.

I received no reply to that email stating the flaws of the Claimant. 
Regarding the WS I was going to ask about this, I did not submit one because the order came too quick. Didn't even get a court date I don't think. 
So when I supply a WS should it include in one go, ALL the issues up until now. Not just before original order like the defence has to.
And as its I'm fighting rk not driver do I supply all the signage info like on other WS statements I have read. Even though it seems a little pointless as I was never in that car park in the first place.
And last thing I think the letter from the court states everything in by 7th January. I guess that means WS also. As it mentions evidence.
Seems crazy for a hearing in July!! 

Coupon-mad

It is absolutely vital that you try to show evidence of unclear signage because to pin a parking charge on a keeper requires (among other things) the C to show that there was clear signage and that the driver breached a prominently displayed term.

So, it follows that of course a keeper needs to show that there was no 'relevant contract or relevant obligation' breached and a lack of 'adequate notice of the parking charge' (quotes from Schedule 4 about what is required, in addition to a compliant set of PCN/NTK paperwork).

it is all about smashing down any liability trail from driver to you, starting from the POV that there was no breach of a prominent term to even transfer to you.

You need to also put in evidence the email you sent to the court (I hope you didn't email that to the Northampton CCBC by mistake?) and reitereate that the C breached the earlier Order and the claim should be dismissed.

Debunked

Ok I went to the parking site today to take photos, but I believe they have completely upgraded their signage and machines since 2017.  So are my WS photos from today valid?  Obviously I will still put them in alongside the Beavis case examples. And in my own words explain the issues with signage etc.

Le_Kirk

They are no good to show the situation at the time of the event, however, it may be useful to you to show that the PPC considered them useless at the time if they have updated them.  What can you see from Google Street view using the turn back time facility?

KeithP

That second image shows your full name and address.

Across the top of every page of this Parking Board is the message:

IMPORTANT REMINDER: Please make sure your posts do not contain any personally identifiable information. If you are uploading images, please take extra care that you have redacted all personal information

Debunked

Le_Kirk said:

They are no good to show the situation at the time of the event, however, it may be useful to you to show that the PPC considered them useless at the time if they have updated them.  What can you see from Google Street view using the turn back time facility?

I have images of the original parking signage and meters on some of the paperwork the claimant has sent me. Although they look staged (people reading the parking signs lol) and they are dated a month before 12/2017. Will have a look on google now at past years.

Debunked

KeithP said:

That second image shows your full name and address.

Across the top of every page of this Parking Board is the message:

IMPORTANT REMINDER: Please make sure your posts do not contain any personally identifiable information. If you are uploading images, please take extra care that you have redacted all personal information

Sorry blocked some of it out and left the main part, have deleted now. Thanks for the heads up