Vauxhall Street Plymouth, Car Park

Not_A_Hope

Crack on with getting your WS complete by the deadline. Don’t worry about their laughable £1,300 in solicitors fees. They are trying to scare you into settling. In the Small Claims Court solicitors fees are capped at £50 and a higher award would only be allowed if you behaved unreasonably in the eyes of a Judge.

Their Code of Practice is not law - it is designed to help PPCs extort as much money from the public as possible. Most judges will see through their ‘cut and paste’ arguments as most people don’t understand the law in relation to parking until they fight the scammers.

PDTs can go faulty and the Peel Centre case law is something you can reference. I helped my son with a very similar case where only 2 digits were on the ticket. We were prepared to fight it in court and having jumped through all the hurdles no-one turned up  to represent the claimant (failed to provide a contact number for the telephone hearing) so we won by default and were awarded £95 in costs.

Don’t forget to ask for your costs if they don’t turn up or the judge finds in your favour.

Coupon-mad

Yes, please do just search the forum for 'BW nonsensical' (change results to NEWEST' never 'best match') and you will see it's a template used before.

Vlad_The_Inhaler

KeithP said:

Vlad_The_Inhaler said:

They also state that the defence appears cut and paste from websites containing parking forums..and they state this forum...they then state this has caused them a large volume of work etc. etc.. nosensical defence etc..one asks as a layman, how else does one defend oneself from these predators? Just lay done and accept their demands? 

Now that you have mastered the art of finding stuff on this forum, stick the word "nonsensical' into the forum's search facility to see who else is using cut and paste. Pot... kettle... black.

Thank you KeithP, you raised a laugh from me, also a good way to learn the search mechanism.

He also goes to town in the Skeleton argument on Behalf of the claimant regards copy and paste.

My own notes I have wrote  "One asks where does a layman not educated in parking rules, find such information? The claiments defence could easily be framed as cut and paste? Are we expected to just roll over and accept their demands?"

Anyway cheers for placing a smile on my face.

Vlad.

Vlad_The_Inhaler

Coupon-mad said:

Yes, please do just search the forum for 'BW nonsensical' (change results to NEWEST' never 'best match') and you will see it's a template used before.

Noted Coupn-mad, the newest brings up this thread at the top )

Cheers!

Vlad.

Jenni_D

Of course it will - it's the latest thread to mention that search term.  
Other threads will also refer to the claimant's WS making the same statement, and some will include copies. You'll also find references to one judge saying (when the C raised this) ... "So what?"

The point is to show you that they almost always make this accusation, and almost always use templates themselves.  

Le_Kirk

Vlad_The_Inhaler said:

He also goes to town in the Skeleton argument on Behalf of the claimant regards copy and paste.

My own notes I have wrote  "One asks where does a layman not educated in parking rules, find such information? The claimant's defence could easily be framed as cut and paste? Are we expected to just roll over and accept their demands?"

I hope you meant the claimant's witness statement, they don't submit defences but we know what you mean.  If you find one of those threads that @Coupon-mad and @KeithP wrote about, you might find the bit where a poster reports what the judge said when the claimant reported that the defence was a cut and paste job from the Internet - "So what!"

Vlad_The_Inhaler

Dear Forum folks reading this,

 I have thoroughly read the Witness Statements (WS) kindly posted by aphex007 and
Daiapolon2021 As my particular brush with parking highwayman is of a different nature. Having paid and fallen victim to "breach of contract" by the failure of a VRM to be accepted/fault. Despite having a receipt with the same code on it as their transaction report validating correct timings for said payment.

They do make a false statement saying "The PCN offerred the Defendant the ability to appeal, as detailed within the PCN, The fact he never challenged the PCN (prior to county court proceedings being issued) can only be regarded as deliberate."

As you are well aware this forum assisted me with this challenge well before proceedings were instigated, in fact five months before court proceedings. Plus I have a reply 12 days later acknowledging receipt of my letter, which had a copy of the receipt for payment in the body.

May I ask is it worth putting into my WS, comments regarding points raised in the Claimants WS or is it better to leave this for the hearing?

Again thank you for your time.

Vlad

Coupon-mad

Yes - include challenging their WS!

But base your bundle and main wording on the other two examples.  Your case is not really any different.  They are all about alleged breach of contract and those two examples show you how to word it, and what exhibits to include.

Umkomaas

Put it in your WS, you can't (nor will you be allowed) to throw random new things into the mix at a hearing.

There will always be copy and paste errors in a copy and paste template, they won't have spent very much time in throwing that together. 

Vlad_The_Inhaler

Le_Kirk said:

Vlad_The_Inhaler said:

He also goes to town in the Skeleton argument on Behalf of the claimant regards copy and paste.

My own notes I have wrote  "One asks where does a layman not educated in parking rules, find such information? The claimant's defence could easily be framed as cut and paste? Are we expected to just roll over and accept their demands?"

I hope you meant the claimant's witness statement, they don't submit defences but we know what you mean.  If you find one of those threads that @Coupon-mad and @KeithP wrote about, you might find the bit where a poster reports what the judge said when the claimant reported that the defence was a cut and paste job from the Internet - "So what!"

Hello Le_Kirk thank you for taking the time to comment.

I have received in the wad of the Claimants witness statement, a section titled "Skeleton Argument on Behalf of the Claiment" it refers to a number of cases backing up their claim. Have they included the bones of their defence in error?

Keep well.

Vlad