CST Law case - Judgement made

lurpdog101

LDast said:

They are not pursuing you as the "owner". You are being pursued as either the "driver" or the "keeper" or both. Ownership does not come into it.

yes, keeper...same thing as owner. Just got my wording wrong in my post.

Umkomaas

lurpdog101 said:

LDast said:

They are not pursuing you as the "owner". You are being pursued as either the "driver" or the "keeper" or both. Ownership does not come into it.

yes, keeper...same thing as owner. Just got my wording wrong in my post.

Might be, but read the bottom of your V5C about the status of 'the owner'. 

Coupon-mad

Coupon-mad said:

Make sure you prepare your WS in time.

Looking at the claim form, I would expect this hearing to go ahead due to the amount they are trying to extort from you:

They couldn't even be bothered to break down the PCN dates or say how many PCNs are on the claim, nor what conduct led to these rip-off charges and fake 'fees'.

CST didn't send you a more detailed set of POC after this claim form, did they?

I was not the driver,.

I've not had a breakdown since, but I have about 45-50 letters covering the previous 2 years from them, which details all different reference numbers and they mentioned it on their response to my initial appeal (which obviously got denied).

OK, so your WS needs to say the above - not the driver - and also make it clear that you've no idea how many PCNs are being pursued because CST Law's POC is woefully inadequate and the claim should be struck out.

Go and read the judgments thread by @Le_Kirk to find the 2 appeal judgments supporting the above point of law. 

lurpdog101

Today I have received their witness statement, which says the witness will not be attending but an advocate will be there on their behalf. I was going to add it here, but it is so lengthy. They basically deny everything - interestingly they state I did appeal but they cannot find the original appeal however provide the response to it!!

They also list every PCN sent (5 more than I received  but apparantly I am not competent to check my own mail according to them). They also submitted photos of the signage, of which I have also submitted on here...one is a new sign atually, stating pay by mobile, as that certainly was not there

They detail 8 PCNs, dates etc, going into full detail and justifying adding £70 per PCN for having a DCA manage it for them. They have cited where this is lawful etc....huge document and looking at it, frankly, I cannot see how I can defend - I am lost, I will lose my job, I don't see a way out.

Nellymoser

Oh please don't feel like that. Just because they've sent you a lengthy document doesn't mean it's all relevant evidence. I can't offer you any advice other than note it's a bit rich of them to question your competence in checking your mail when they've lost your original appeal. Maybe there's a reason they lost it. Stop thinking there's no way out, you can defend...listen and follow the experts advice.

lurpdog101

Nellymoser said:

Oh please don't feel like that. Just because they've sent you a lengthy document doesn't mean it's all relevant evidence. I can't offer you any advice other than note it's a bit rich of them to question your competence in checking your mail when they've lost your original appeal. Maybe there's a reason they lost it. Stop thinking there's no way out, you can defend...listen and follow the experts advice.

thanks - you know, that is actually very valid and something I can use in my own statement back....I dismiss their claims that I am at fault as am responsible for checking my incoming post, when they themselves cannot find a highly important document like my appeal (of which I do have a copy).

Coupon-mad

As long as you've done your WS bundle in time, please don't think you'll lose!

Even if you did they wouldn't get the +£70 per PCN which is clearly disproportionate profiteering because the PPC paid NOTHING AT ALL to any DCA.  They are lying.

Judges are not stupid. A canny old DJ will not be taken in by a party submitting a prolix bundle the size of a house-brick.

Kitchen sink submissions don't impress Judges. Relax! Your case has not changed or been dented by this.  Go to that hearing with a bullet point list of your main defence and printed copies of your WS and theirs, ordered in a file so you can find pages quickly.

Have you done this yet? What's the deadline?

OK, so your WS needs to say the above - not the driver - and also make it clear that you've no idea how many PCNs are being pursued because CST Law's POC is woefully inadequate and the claim should be struck out.
Go and read the judgments thread by @Le_Kirk to find the 2 appeal judgments supporting the above point of law. 

You should be able to get the claim struck out - within minutes - by using the two authorities in that thread.

lurpdog101

I have started the WT, bullet pointing...I am not sure on the deadline. I am not sure where to find it. I have a letter transferring to small claims court at my local magistrates, who the judge is and when. It does not say on there when to submit WT or anything I assumed I just bring that with me? I have read those 2 authorities and will re-read and add into my documentation

lurpdog101

at the very worst, I can argue I can pay the 8 x £100 but wil not  pay the extra £1000 of costs they have added on top!

Castle

lurpdog101 said:

Today I have received their witness statement, which says the witness will not be attending but an advocate will be there on their behalf. I was going to add it here, but it is so lengthy. They basically deny everything - interestingly they state I did appeal but they cannot find the original appeal however provide the response to it!!

They also list every PCN sent (5 more than I received  but apparantly I am not competent to check my own mail according to them). They also submitted photos of the signage, of which I have also submitted on here...one is a new sign atually, stating pay by mobile, as that certainly was not there

They detail 8 PCNs, dates etc, going into full detail and justifying adding £70 per PCN for having a DCA manage it for them. They have cited where this is lawful etc....huge document and looking at it, frankly, I cannot see how I can defend - I am lost, I will lose my job, I don't see a way out.

1) Are any of their photos of the signs date stamped?
2) The photos of the signs on page 2 of this thread only refer to Ocean Parking not Anchor Security.
3) Can you please post up a copy of the landowner's contract.