Count Court appearance soon

Greenhaze

So my time in court has finally arrived

I came to this forum in 2020 and with the help of those in the know I compiled my defence with my limited knowledge. I was unable to access the old thread since I no longer have access to the email used so have listed the brief background below. 


* PCN issued in 2019 for stopping on unmarked section of the road way to escort my child indoors at a residential complex due to being unable to park in the designated bay under the terms of our lease agreement due to an unauthorised vehicle being parked in our bay. Valid permit still displayed. 

* I Appealed the PCN but was ignored by the (C). Usual threats of debt collectors ect..County Court claim issued. 

* Defence submitted.

Defence Points 

* Contacted land owner who emailed (C) to remove PCN as they have no contract with PCM, ignored by (C) again.
* Sign contradicts terms by saying enforcement 24hrs a day but terms apply 12hrs with no start or end time. 
* Signs not located where indicated in (C) WS
* Faded Sign - Small print used
* No grace periods given
* Contract fails company act
* Primacy of Contract 
* Numerous IPC COP breaches and POFA
* Abuse of process extra cost added

I've spent countless nights reading a number post and compiled my WS to the best of my understanding and am currently working on my Skeleton argument for which I have a few questions about since I have only found a few examples on here.

I understand that the skeleton argument should be based on law and not to heavy, but I'm struggling to convey it in way that is purely based on law and not keeping it to detailed. I want to assist the judge as best as possible to get a full picture but how many pages should I really be aiming for before the judge falls asleep?

As mentioned in other threads the legal aspect are left for the Skeleton argument, does that mean I should be referring to IPC COP, POFA ect..in my WS or Skeleton?

I already have the (C) WS and exhibits since the trial was adjourned last year for a later date, as I require a face to face attendance due my disabilities.

Questions
1) Do I use the IPC COP version that is up to date, or the version that was in place at the time of the PCN being issued? 

2) Since IPC COP is not law do I leave this out of my Skeleton and focus purely on case law and statute?

3) Can I email my bundle or does it have to be printed and handed to the claimant and the court?

4)Do I use any of the Abuse of process in the WS or have it all in the Skeleton? 

5) When quoting POFA and other Statutes do I use the extracts in the body of my Skeleton or have it on separate pages as exhibits?

6) Should I be referring to Claimant and Defendant as just C and D in the sentences of the WS and Skeleton or just repeat the words in full? 

I have uploaded a redacted version of Claimants WS to drop box but due to being a new user I cant add the links?

I have managed to refute some of their arguments in their WS but not where they have quoted case law and would appreciate any help on arguing these points. 

Umkomaas

What was your previous user name on the forum. We can then find your previous thread where you can continue posting under your new user name, as long as you make sure you make it known in your next posting on it that you are using a new name. 

Then we can see exactly what advice you have been previously given, giving us a better chance of providing up to date guidance based on a full knowledge of your case, rather than reading a potted history, with likely gaps in it. 

D_P_Dance

These may be helpful

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

also google "primacy of contract" and complain to your MP.

Redx

Greenhaze said:

So my time in court has finally arrived

I came to this forum in 2020 and with the help of those in the know I compiled my defence with my limited knowledge. I was unable to access the old thread since I no longer have access to the email used so have listed the brief background below. 


* PCN issued in 2019 for stopping on unmarked section of the road way to escort my child indoors at a residential complex due to being unable to park in the designated bay under the terms of our lease agreement due to an unauthorised vehicle being parked in our bay. Valid permit still displayed. 

* I Appealed the PCN but was ignored by the (C). Usual threats of debt collectors ect..County Court claim issued. 

* Defence submitted.

Defence Points 

* Contacted land owner who emailed (C) to remove PCN as they have no contract with PCM, ignored by (C) again.
* Sign contradicts terms by saying enforcement 24hrs a day but terms apply 12hrs with no start or end time. 
* Signs not located where indicated in (C) WS
* Faded Sign - Small print used
* No grace periods given
* Contract fails company act
* Primacy of Contract 
* Numerous IPC COP breaches and POFA
* Abuse of process extra cost added

I've spent countless nights reading a number post and compiled my WS to the best of my understanding and am currently working on my Skeleton argument for which I have a few questions about since I have only found a few examples on here.

I understand that the skeleton argument should be based on law and not to heavy, but I'm struggling to convey it in way that is purely based on law and not keeping it to detailed. I want to assist the judge as best as possible to get a full picture but how many pages should I really be aiming for before the judge falls asleep?

As mentioned in other threads the legal aspect are left for the Skeleton argument, does that mean I should be referring to IPC COP, POFA ect..in my WS or Skeleton?

I already have the (C) WS and exhibits since the trial was adjourned last year for a later date, as I require a face to face attendance due my disabilities.

Questions
1) Do I use the IPC COP version that is up to date, or the version that was in place at the time of the PCN being issued? 

2) Since IPC COP is not law do I leave this out of my Skeleton and focus purely on case law and statute?

3) Can I email my bundle or does it have to be printed and handed to the claimant and the court?

4)Do I use any of the Abuse of process in the WS or have it all in the Skeleton? 

5) When quoting POFA and other Statutes do I use the extracts in the body of my Skeleton or have it on separate pages as exhibits?

6) Should I be referring to Claimant and Defendant as just C and D in the sentences of the WS and Skeleton or just repeat the words in full? 

I have uploaded a redacted version of Claimants WS to drop box but due to being a new user I cant add the links?

I have managed to refute some of their arguments in their WS but not where they have quoted case law and would appreciate any help on arguing these points. 

1) the CoP in force at the time of the PCN

2) a skeleton is an aide memoire , brief points to narrow the issues , use if relevant

3) only your court and Claimant can answer that , but email is the normal these days , so check websites , phone them , etc

4) both , if relevant , brief reminders in any skeleton , more in a WS

5) extracts in your WS , but try and have a full pdf available

6) Claimant (C) and Defendant (D) in the first instance , to clarify the meaning , the C & D unless very important

Use a dead link , change http to hxxp or similar

Read the threads by coupon mad where she added them , also read her advice

Read other completed winning cases on here over the last two years , especia @jrhys and @nosy etc , reading the winning case threads is your best source of knowledge , they did what you need to do

I think you have put to much thinking into a skeleton , just think of it as a quick aide memoire , it's your WS plus Exhibits plus summary costs assessment that is important here , the skelly is just an aide on the day , AFAIK

Greenhaze

Thank you Red X for you detailed response on the points I raised. The reason I ask about the WS is I completed it an then read that it suggest to leave the legal arguments for the Skeleton but many have quoted case law and statutes in their WS to back up certain aspects, like poor quality signs (Beavis Case) stopping to alight (Jopson vs Homeguard) Contract fails Company Act ect.. 

Unfortunately I can't remember any of my details from the old thread so will just have to run with this. I will up load my WS soon so you can see what my arguments are. 

The Claimant WS is linked below as suggested. PCM are using Gladstone which from reading looks like a template with some minor details changed. 

hxxps://www.dropbox.com/s/i6sn030moxg65l9/Claimants%20WS.pdf?dl=0

95Rollers

Questions

1) Do I use the IPC COP version that is up to date, or the version that was in place at the time of the PCN being issued? 

YES - only use the one that was in play at the date of parking charge notice is for.  Its not uncommon for PPCs to refer to a CoP which came into affect after a PCN was issued. One Parking recently did this in a case.

2) Since IPC COP is not law do I leave this out of my Skeleton and focus purely on case law and statute?

I would still include it. Especially if they've failed to adhere to stick to aspects of it (I.e signage etc). I would also point out that the "Independent" Appeals System is owned by IPC so it isn't Independent at all. Especially if they've overlooked certain CoP I your appeal. 

3) Can I email my bundle or does it have to be printed and handed to the claimant and the court?

Email is fine and probably better. Email to both court and legal reps. 

4)Do I use any of the Abuse of process in the WS or have it all in the Skeleton? 

I would definitely include more indepth use of Abuse of Process evidence in thr WS. This is your chance to show the Judge their double standards of hypocrisy, inconsustency, raw greed,  disregard of the courts previous judgments and advice. 

Jenni_D

Can you not remember what your forum name was for the old thread?

Umkomaas

There must have been some distinctive words used that might help us trace it. What about the name of the car park, or the name of the road, or the name of the town?

Greenhaze

I never used details that could trace it back to my PCN as thought it was best not to reading other threads. I never uploaded my defence on here either, I just asked questions that could assist me in compiling one, as a lot of effort had been put into the newbies thread so just used that to refer to so I wasn't asking the same questions over again. 

So far I have refuted paragraph 24 of the (C) WS where they state that nothing was received by me regarding my appeal which contradicts there own evidence since they have exhibited my appeal in their WS. 

Paragraph 25 - Signage is far from visible, not in the locations exhibited by the (C) and terms laid out on the sign contradict their own evidence where they have exhibited a copy of a sign which is not verbatim to the original shown in the SAR. Also images exhibited are not even remotely close to the location where the PCN was issued. 

Contract provided by (C) fails the Company Act regarding executions of documents. 

Any advice on other points in their WS

Greenhaze

Do I have to also email all of my exhibits to the (C) solicitor in my bundle?

3) Can I email my bundle or does it have to be printed and handed to the claimant and the court?

Email is fine and probably better. Email to both court and legal reps. 

ParkingMad

Link to Claimant's WS made live 

https://www.dropbox.com/s/i6sn030moxg65l9/Claimants WS.pdf?dl=0