Default judgement entered for UKPC PCN

Ale88WL

Happy New Year folks!

Update on this one: came back from holidays the other day and found the two court hearing notices (both on 26th of January - one in the morning - in person - and one over the phone in the afternoon).

I am planning to submit my witness statements on Monday to the court (and to DCB Legal). I will use the recommended one by robertcox999.

Two questions: 1) do you think is appropriate to ask the additional costs (e.g., time spent researching, postage, printing etc) or should I stick only to the fixed £95 witness costs?

2) is it normal that I did not receive any WS from the claimant? I have seen on the robertcox999 case that the defendant quotes photos etc from the claimant's WS.

TIA

Umkomaas

I am planning to submit my witness statements on Monday to the court (and to DCB Legal). I will use the recommended one by robertcox999.

There is a much more recent and improved example that we now recommend using. Check out the thread by @aphex007 - go right to the end because there are number of iterations of the WS throughout the thread, but it's the one at the end (v3) that you should use. 

do you think is appropriate to ask the additional costs (e.g., time spent researching, postage, printing etc) or should I stick only to the fixed £95 witness costs?

Additional costs are not normally granted, but we've seen some slip through, so you could try for a reasonable amount - 3 or 4 hours (say) @ £19ph litigant in person rate. You'll need to do a little bit of itemisation rather than a 4 x £19 = £76 please!  In terms of the £95 fixed costs, make sure you take with you evidence of earnings (wage/salary slips) to verify. 

is it normal that I did not receive any WS from the claimant? I have seen on the robertcox999 case that the defendant quotes photos etc from the claimant's WS

Usually comes through at the last minute. I haven't checked the deadline for submission of the WSs (Claimant and Defendant have the same date), but unless stated to the contrary, it is normally 14 days prior to the hearing date, which means with a 26 January hearing, there are a few more days left for them to submit. 

Coupon-mad

found the two court hearing notices (both on 26th of January - one in the morning - in person - and one over the phone in the afternoon).

You realise this makes no sense and is a complete waste of duplicated time and effort, if the Claimant is the same for both?

Ring the local court and have a chat with the court Manager. ask that court time is saved and the hearings vacated and re-set for a single consolidated hearing (if both claims are about the same car park/issues, just different PCN dates).

This is madness. Unworkable. Get it changed.  For one thing, why on earth would the court want two pretty much duplicate WS bundles when they could consolidate the 2 claims and ask for one bundle from each party?

Insist that a Judge considers consolidating the cases urgently.

The above assumes the claims are near duplicates in terms of facts, parties, car park, and the worthless rationale for the charges.

Ale88WL

Coupon-mad said:

found the two court hearing notices (both on 26th of January - one in the morning - in person - and one over the phone in the afternoon).

You realise this makes no sense and is a complete waste of duplicated time and effort, if the Claimant is the same for both?

Ring the local court and have a chat with the court Manager. ask that court time is saved and the hearings vacated and re-set for a single consolidated hearing (if both claims are about the same car park/issues, just different PCN dates).

This is madness. Unworkable. Get it changed.  For one thing, why on earth would the court want two pretty much duplicate WS bundles when they could consolidate the 2 claims and ask for one bundle from each party?

Insist that a Judge considers consolidating the cases urgently.

The above assumes the claims are near duplicates in terms of facts, parties, car park, and the worthless rationale for the charges.

This makes sense. Will try on Monday. Many thanks!

Usually comes through at the last minute. I haven't checked the deadline for submission of the WSs (Claimant and Defendant have the same date), but unless stated to the contrary, it is normally 14 days prior to the hearing date, which means with a 26 January hearing, there are a few more days left for them to submit. 

Indeed. They arrived today. Quite a bunch of pictures. In one case they claim I was parking without a permit (even if their Exibit shows the permit). They still kind if argue that was outside my parking bay, but that was for bringing a parcel up to the flat, so should be OK to defend.

In another case, from the pictures, the parking permit is not visible (the pictures are very bad, though) and the car is parked in its allocated bay. Any suggestion on ho to defend this one?  (the parking permit might have slipped off the side).

Also, UKPC (and DCB legal) claim -in the final PCN- that the car was parked in a loading place during restricted hours without loading. I want to dispute this by showing that there are no hours whatsoever on the sign. THey also claim that there was no loading/unloading in the picture, but it is difficult when you are on your own to be at the same time at the car and going up to the flat.

As usual, any suggestion is super welcome. 

TIA

Umkomaas

Also, UKPC (and DCB legal) claim -in the final PCN- that the car was parked in a loading place during restricted hours without loading. I want to dispute this by showing that there are no hours whatsoever on the sign. THey also claim that there was no loading/unloading in the picture, but it is difficult when you are on your own to be at the same time at the car and going up to the flat.

Jopson v Homeguard should help you see that off.

Ale88WL

In another case, from the pictures, the parking permit is not visible (the pictures are very bad, though) and the car is parked in its allocated bay. Any suggestion on ho to defend this one?  (the parking permit might have slipped off the side).

Could I use the Pace v. Mr N. (2016) to fight this back? I think the judge there ruled that the parking company cannot force the driver to expose permit if not indicated in the lease. I saw the contract that UKPC signed with the residential property and it's 6 years before my tenancy started there. But still, no reference to UKPC in my tenancy agreement.

Also, their witness statement is compiled and signed by a case manager, who has used mostly stock images and the aerial view from Google. Would you suggest fighting back by questioning the WS?

TIA

Coupon-mad

Yes and yes.

Mouse007

As this appears to be residential you may find some useful nuggets here, paragraphs 24 onwards.

As mention above Jopson v Homeguard covers loading / unloading not being parking.

Taiko

Ale88WL said:

In another case, from the pictures, the parking permit is not visible (the pictures are very bad, though) and the car is parked in its allocated bay. Any suggestion on ho to defend this one?  (the parking permit might have slipped off the side).

Could I use the Pace v. Mr N. (2016) to fight this back? I think the judge there ruled that the parking company cannot force the driver to expose permit if not indicated in the lease. I saw the contract that UKPC signed with the residential property and it's 6 years before my tenancy started there. But still, no reference to UKPC in my tenancy agreement.

Also, their witness statement is compiled and signed by a case manager, who has used mostly stock images and the aerial view from Google. Would you suggest fighting back by questioning the WS?

TIA

Just out of interest, would the initials of the person who signed their WS happen to be JL? 

Mouse007

Ale88WL said:

is it normal that I did not receive any WS from the claimant? I have seen on the robertcox999 case that the defendant quotes photos etc from the claimant's WS.

Ale88WL said:

Also, their witness statement is compiled and signed by a case manager, who has used mostly stock images and the aerial view from Google. Would you suggest fighting back by questioning the WS?

I'm a bit confused, do you or do you not have the Claimant's Witness Statement?

If you do you tear it to pieces in your WS, line by line, like I did in the example linked in my last post.