My court defence v Captial car park control

Castle

ldnpt said:

I received a copy of their witness statement, is it worth posting on here for you guys to have a look at?

Very much so given the different name on the signs.

Umkomaas

At the time of the parking event, Terry Szmidt T/A Capital Car Park Control (sole trader) was no longer trading. Capital Car Park Control Ltd was incorporated on 24 August 2020.  This is the wrong claimant. 

The landowner contract is with 'Capital Car Park Control Ltd' and the signage is in that name too - no mention of Terry Szmidt T/A ........

Castle

At 23 (iii) on page 5 of his WS he tries to explain and gets it "the wrong way round":-(of course, this would also be a breach of the KADOE Agreement if he did).

The PCN was issued by Terry Szmidt T/A Capital Car Park Control, and Terry Szmidt also created Capital Car Park Control Ltd on 24 August 2020. The T/A company has assigned the debts to the Limited company. My Company respectfully submit that the Defendant has not been prejudiced by this.

Coupon-mad

And page 3 of the contract (the part that sets the permitted times, according to page 1) is missing.

And it makes no sense that on one of the two occasions, the car was only whitelisted for seven minutes.  That's even lower than the BPA Grace period!

After this case is over, that statement that one company has 'assigned the debt' (para 23iii) to another will need sending to the DVLA as part of a formal complaint.

Debt assignment is a serious BPA and KADOE breach and is forbidden* (and as Castle rightly says, the idiot has written it the wrong way round anyway!).

*http://parking-prankster.blogspot.com/2018/04/dvla-clarify-that-parking-companies.html?m=1

ldnpt

Hi all, have my hearing tomorrow and just had a bit of a panic attack thinking that I hadn't sent the court my phone number and an email stating the best email address to send me info about the hearing. I thought that they would've got that from the email I sent them with my witness statement.

I've this evening sent them a seperate email with my phone number and the best email address for the hearing but should I call them in the morning?

B789

Is it a telephone hearing?

ldnpt

B789 said:

Is it a telephone hearing?

On Microsoft Teams

Grizebeck

Call them first thing as you should have already been sent your teams invite link
Which court?

ldnpt

Grizebeck said:

Call them first thing as you should have already been sent your teams invite link
Which court?

Royal courts of Justice

ldnpt

Great news guys, the idiots didn't file their paperwork with the court properly so the judge threw the case out in about 5 minutes, thanks you so much for all your help, can't put into words how much I appreciate it.