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Court Claim Vehicle Control Services Parking

1235

Comments

  • Umkomaas
    Umkomaas Posts: 43,759 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The Claimant's WS is unlikely to be sent to you much before their (and your) deadline for submission. If you get theirs much before your perceived deadline date, double check the date. We have seen so many apparently premature Claimant WS actually not being so, more that the Defendant has misread/misunderstood the deadline. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    To be honest their WS is not worth the paper that it is written on. It is a load of irrelevant, repetitive drivel. 

    It is possible to add to your WS providing you are not introducing a new legal point. For example if you wanted to send a better image you can. You would have to send that to the other parties (Claimant and rep.) as well. 

    Did you manage to get a letter from the doctor. If you had to pay don't forget to include it in your costs.  
       



    Nolite te bast--des carborundorum.
  • senat33
    senat33 Posts: 28 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    The Claimant's WS is unlikely to be sent to you much before their (and your) deadline for submission. If you get theirs much before your perceived deadline date, double check the date. We have seen so many apparently premature Claimant WS actually not being so, more that the Defendant has misread/misunderstood the deadline. 
    I made a WS draft but hoping to get their copy before the deadline to correct it.
  • senat33
    senat33 Posts: 28 Forumite
    10 Posts Name Dropper
    To be honest their WS is not worth the paper that it is written on. It is a load of irrelevant, repetitive drivel. 

    It is possible to add to your WS providing you are not introducing a new legal point. For example if you wanted to send a better image you can. You would have to send that to the other parties (Claimant and rep.) as well. 

    Did you manage to get a letter from the doctor. If you had to pay don't forget to include it in your costs.  
       


    They send all correspondence by post which also adds some days. 
    Do you consider it worth adding some days to WS by introducing a new legal point if by the deadline I will not have their WS?
    Yes, I already include a medical record statement in the WS it was free to get.

  • senat33
    senat33 Posts: 28 Forumite
    10 Posts Name Dropper
    Received a new letter offering me to pay £200 and then not to pay a further £220 for their solicitor.


  • Coupon-mad
    Coupon-mad Posts: 155,565 Forumite
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    edited 7 July 2022 at 10:04PM
    Thanks for showing that misleading letter - very useful.

    But what they don't say is, even if you lose in small claims, you are NOT liable for further costs!

    God I hate this sort of stuff. Didn't Ambreen Arshad used to work for one of the roboclaim 'barely legals'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    edited 2 July 2022 at 12:46PM
    senat33 said:
    To be honest their WS is not worth the paper that it is written on. It is a load of irrelevant, repetitive drivel. 

    It is possible to add to your WS providing you are not introducing a new legal point. For example if you wanted to send a better image you can. You would have to send that to the other parties (Claimant and rep.) as well. 

    Did you manage to get a letter from the doctor. If you had to pay don't forget to include it in your costs.  
       


    They send all correspondence by post which also adds some days. 
    Do you consider it worth adding some days to WS by introducing a new legal point if by the deadline I will not have their WS?
    Yes, I already include a medical record statement in the WS it was free to get.

    I am not legally qualified but I don't think that you can introduce a new legal point at this stage. If the claimant does bring in a new legal point at the last minute you may be able to ask for it to be disregarded at the hearing as it is classed as ambushing. This company have form when it comes to not sending documentation and then saying that they have sent it. 

    The medical record statement from the doctor does carry some weight and this needs to be emphasised.  It is extremely difficult when dealing with an older person with medical problems to make the decision as to whether to call out the emergency services if we are not medically trained. It is stressful for them to go through accident and emergency. You neither want to call out emergency services unecessarily so you may wait for a little while before making that decision.   

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 2 July 2022 at 12:50PM
    senat33 said:
    Received a new letter offering me to pay £200 and then not to pay a further £220 for their solicitor.


    Even if you lost a judge is unlikely to award those costs. 



    Nolite te bast--des carborundorum.
  • senat33
    senat33 Posts: 28 Forumite
    10 Posts Name Dropper
    edited 7 July 2022 at 8:32PM
    Hi guys,
    I was lucky to receive a claimant' WS a couple of days before the deadline.
    I must admit that he prepared pretty well, not childish mistakes like signage from other car parks or amended terms and conditions. Only two things I found so far:

    1. This is a retail car with shops like Lidl, Gym, other smaller shops, and offices venues. In his witness statement, he provided an agreement where mentioned Gym clients' car park, not Lidl. Can I mention that an agreement with Gym car park customers is inappropriate as I parked as a Lidl customer and have a copy of a receipt? So a claimant does not have the authorization to issue a PCN to Lidl customers?

    2. Claimant provided an ANPR scheme agreement that mentioned its starting date of 10/04/2017 and mentioned that a company (claimant) will provide a parking control service at the car park for a fixed period of 36 months. This means that on the date of my parking a claimant was not allowed to make CCTV services and this also was not mentioned on the car park ANPR sign (can provide a photo).

    Please share your ideas.
  • Coupon-mad
    Coupon-mad Posts: 155,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd say yes and yes. I think Ambreen is a lady.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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