Yet another UKPC / DCB Legal LTD - WS Bundle

Coupon-mad

Best recent examples are the WS bundles shown by @ricky_balboa and @wobs2k

aphex007

Coupon-mad said:

Best recent examples are the WS bundles shown by @ricky_balboa and @wobs2k

Many thanks @Coupon-mad I will check those out  .  Any thought's (or anybody else?) on my other queries, see below:

Q1. I'm going over old ground here but one of my initial questions is, in MY case, there were no signs whatsoever on the road I was parked on (as per my opening statement on Page 1 of this post), therefore why would I provide the evidence of a sign that UKPC had taken a photo of that was on a different road?  But the photo they did provide from the SAR is illegible as per page 2 of my post?

Q2. Can anybody suggest some good current "WS/Evidence" examples on the forum that may be more applicable to my case?  Or is the one suggested underneath the "a" to "i" examples from September 2020 above still good/applicable/current?

Q3. Is it common practice and/or a good idea to repeat the defence at the start?

Q4. Is it just luck if I receive the Claimant's WS/Evidence long before the deadline (which is approx. middle of June 2022) before submitting/serving mine?  I'm really unclear on that aspect as well?

Umkomaas

Q2 - those by @jrhys, @ricky_balboa and @wobs2k are seen as current best examples of how a WS should be drafted. If you're looking for one which mirrors the circumstances of your particular parking issue, you're not likely to find such matches, don't waste energy looking. 

Q3 - not verbatim, the Judge already has that. However, as your WS backs up the points you've made in your Defence, there will be obvious references. Look at how the above posters have linked theirs. 

Q4 - quite unusual to receive the Claimant's WS some time before the deadline, most sail very close to the wind (often slightly overshooting) - so any poster who tells us they've received the Claimant's WS ahead of their own being produced does ring warning bells. Please double-check the deadlines. If all in order, you have the advantage of seeing what the Claimant is saying, allowing you to tackle any misleading/incorrect statements in your WS. 

Jenni_D

Q4 - but of course you're allowed (up to 7 days before the hearing I believe) to file and serve a Supplementary WS to address any misleading/incorrect statements in their WS. So don't sweat on getting their WS well before the deadline - in fact simply reading other UKPC court threads here will probably tell you the bulk of their WS anyway; they're largely templates. (Something the PPCs ironically accuse defendants of using).

aphex007

Jenni_D said:

Q4 - but of course you're allowed (up to 7 days before the hearing I believe) to file and serve a Supplementary WS to address any misleading/incorrect statements in their WS. So don't sweat on getting their WS well before the deadline - in fact simply reading other UKPC court threads here will probably tell you the bulk of their WS anyway; they're largely templates. (Something the PPCs ironically accuse defendants of using).

Brilliant thank you @Umkomaas and @Jenni_D for giving me clarity! and yes that is ironic, about the UKPC template accusations!

So basically I should receive the UKPC (via DCB Legal) WS/Evidence at the very latest a few days after the June deadline (would this normally be via post?).  If they go past the deadline by a certain time scale, can it then be struck out?

Jenni_D

Their deadline is the same as yours - it must be filed with the court and served on the other party by that date. (Not after, by). If they send by post then they must post it at least 2 working days before the deadline (if sending 1st class ... 5 days I think if sending 2nd class).

If they have an email for you, and one for the court, they may email their WS. Which is how we recommend you send yours ... to court and Claimant in the same email.

Umkomaas

If they go past the deadline by a certain time scale, can it then be struck out?

Nothing more than a vague possibility, but would depend on how late, if the Judge is particularly a stickler, there's often more leeway for the Claimant than Defendant - who knows why?  🤷‍♂️ Too many variables to offer you any hope to rely on. 

aphex007

How relevant is it that DCB Legal only responded to my defence to advise they intend to proceed with the claim 2 days after the 28 day deadline (as per the date on their response letter) or maybe 3 days if you include the actual day of submitting my Defence?

Jenni_D

What you don't know is when the CCBC sent them your defence (even if you copied them in on the email when you filed your defence with CCBC) ... the 28 day clock starts ticking then, NOT after you've submitted your defence.

aphex007

Redx said:

Le_Kirk said:

You have referred to signage in paragraphs 4, 5 & 6 and, in my opinion, that is sufficient to allow you to expand in the WS.

I agree , I wouldn't be referring to any photos in a SAR , nor any signs on adjacent roads or other locations , the paragraphs above deal with where the vehicle was parked and the road itself , so are sufficient in my view. Don't add doors in for the opposition to open , like SAR photos or other roads nearby. Lord Dennings red hand rule should mean that signs are seen at the location itself , preferably without leaving the vehicle !

The signs form the contract , no signs equals no contract , meaning no case to answer , IMHO

Save any querying of exhibits for the WS , same for any stories

OK I have re-read my entire thread and the advice from various forum members in my thread (with the above example, referring to my defence in regards to signage).

However I'm still none the wiser if I should "actually" be included the terrible UKPC photo of a sign (obtained from the UKPC SAR) in my WS/Evidence bundle?  Because as stated previously the car park entrance/road I was parked on had NO UKPC signage whatsoever? (neither does the entire free workplace car park).

I have my own photo evidence showing no signage, even the UKPC SAR photos of my car "slightly" on the road show NO UKPC signage.

Any advice on this is of course appreciated I just want to make a start proceeding down the best route for this WS/Evidence bundle I now have to start writing.