UKPC PCN County Court Claim 24 NOV - 2021 - Defence Statement Help Needed

Le_Kirk

shariifi said:

 3.           Firstly, it It should be noted that the claimant PCN signage (Exhibit 01) that was taken on 13/12/2016 10:52:25 by the enforcement officer was from a different location (Exhibit 01). There was no signage (Exhibit 03, 04) displayed and there were no un-authorised unauthorised markings (either single or double YELLOW lines lanes) on this street where the car was parked on 13/12/2016 10:52:06.

 4.           The approach and entrance to the St James Building is on a single-track road with double yellow lines (Exhibit 02). This is a quiet street and with no traffic. On Both PCNs issued by the claimant, it clearly shows that, the that the car was parked at the end of double YELLOW lines lanes with no markings (a space with no restrictions mentioned).

5.            At the point of entry from left where I normally use to enter at this street, the signs at Central Park, the entrance terms and conditions sign are not visible (Exhibit 02) and there is insufficient notice of the sum of the parking charge itself. It is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. The only signage which is not viewable or readable is the one taken by the enforcing officer located far from the entry point to this street which do not mention anything related to a risk of paying £100.

In paragraph 3# you state "Firstly" but then don't go on to state "secondly" therefore you don't need "Firstly".
In paragraph 4# you state it is a quiet street with no traffic.  There must be some traffic, at least your car!  What are you actually trying to say, there was very little traffic maybe?
The start of your paragraph 5# is confusing; what are you actually trying to say?

shariifi

The start of para 5, I just want to say that there is no visible sign on the entry point to the street which is private land which shows the terms and conditions. E.g £100 charge, etc.

1505grandad

Also:-

" IT IS ORDERED THAT

The claim is struck out as an abuse of process"

Are you actually ORDERING a Judge to do this?

Looks like the OP has just used copy and paste without adapting  -  as copious use of "Defendant" in the last unsequential paras and previous contents suggests/confirms.

Le_Kirk

shariifi said:

The start of para 5, I just want to say that there is no visible sign on the entry point to the street which is private land which shows the terms and conditions. E.g £100 charge, etc.

Well then say that but it was confusing saying: -

At the point of entry from left where I normally use to enter at this street

shariifi

All comments applied.

I shall wait until tomorrow and then submit the WS via email given to me by the court.

The hearing date is 31st May 2022, can you please advise what the latest date to submit the WS.

Many thanks for your support.
Le_Kirk1505grandad, @Umkomaas, @Coupon-mad, @KeithP, and others.

Coupon-mad

The hearing date is 31st May 2022, can you please advise what the latest date to submit the WS.

We have no idea. It's in your paperwork.

You have the court directions in the Notice of Allocation and Hearing order.  It says it there.

shariifi

There is no specific date to submit the WS but it says "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely no later than 14 days before the hearing 31/05/2022.

If my calculation is correct, I should submit the WS by 15/16 May 22. (does the 14 days include the weekends?).

Le_Kirk

shariifi said:

There is no specific date to submit the WS but it says "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely no later than 14 days before the hearing 31/05/2022.

If my calculation is correct, I should submit the WS by 15/16 May 22. (does the 14 days include the weekends?).

Days are days unless it specifically states working days and therefore your calculation is fine, allowing an extra day so as not to be late.  Don't try to send on a Sunday - some courts seem to turn off their servers over a week-end!

Coupon-mad

Here is another great example of a WS, by wobs2k 

https://forums.moneysavingexpert.com/discussion/comment/79182222/#Comment_79182222

shariifi

Unfortunately, I have lost the case and I have to pay a total of £260 per PCN.

£100 (Penalty Charge) + 

£60 (Costs) + 

£50 (legal fees) + 

£50 (Court Fees)

The judge dismissed any other costs they claimed (e.g. Interest, Travel costs, etc) as the PCNs where over 5 years old.

The Judge said the Law is on their side, and they have the right to charge £100 + £60. For the small signs compared to ParkeyEye, Beavis case and Abuse of the Quantum Process, etc it will not work.  The Judge said it’s the driver’s responsibility to get down and inspect all the signs on the site very carefully and read the Terms and Conditions, If in doubt, leave the area and find another parking space.

Thanks all who provided me the help and comments.