Please help me with my defence

1505grandad

Just checking  -  who is the claimant?

Coupon-mad

You haven't based that on the one we suggested.

Claimant has added a sum of £167

No they haven't

That part is meant to be about the added 'damages' (fake DRA fee) of £60 or £70.  Nothing else.

This is a good start but completely misses putting the parking firm to proof that they had authority from the landowner and misses the stuff about the DLUHC Code of Practice about the added fake fee, as seen in the thread by the guy whose posting profile I linked earlier.

monkeychompy

Coupon-mad said:

You haven't based that on the one we suggested.

Claimant has added a sum of £167

No they haven't

That part is meant to be about the added 'damages' (fake DRA fee) of £60 or £70.  Nothing else.

This is a good start but completely misses putting the parking firm to proof that they had authority from the landowner and misses the stuff about the DLUHC Code of Practice about the added fake fee, as seen in the thread by the guy whose posting profile I linked earlier.

The one suggested was 12 pages of text which I found quite intimidating to read because a lot of it was hard for me to understand. Some of it also didn't seem relevant. 

I also don't understand your 'No they haven't' part above. The original fine was £100 and now I am being asked to pay £267. This number has steadily risen over the 2.5 years this has been going on.

I can't see the relevance of asking the parking firm to prove they have authority from the landowner. I would happily include this part if I could find the para to copy and paste.

Part of the difficulty in contesting this case and trying to get advice here is all the jargon, acronyms and reading required and just pure effort involved. Ultimately it's £267 and if my simple arguments of defence are not enough for the judge then I am of a mind to shrug my shoulders "c'est la vie".

I don't want to sound ungrateful for advice but I don't want to spend hours and hours on this.

monkeychompy

1505grandad said:

Just checking  -  who is the claimant?

I'm not keen to say in case they read these forums

Mouse007

monkeychompy said:

Should I wait until I have received documents from the claimant before submitting my witness statement? I have 2 weeks after their deadline to submit mine.

Yes do wait. You can then respond to anything in their WS. I did exactly that in my Son's WS. Point by point I tore theirs apart. They actually provided us with evidence that they had no land owner authority, it was gold dust to refer to their evidence pack to show they had no contractural rights to bring a claim.

Umkomaas

monkeychompy said:

1505grandad said:

Just checking  -  who is the claimant?

I'm not keen to say in case they read these forums

It's a parking charge, not a murder case. The name of the PPC can be important as there are different ways for dealing with some of them.  None of them are poring over forums trying to spot someone who might just trip over themselves and fall more into their clutches. No MI5 James Bond stuff goes on. 

You want forum help, but you're not giving the full information to the forum in order for it to give you the best help. C'est la vie, I guess too!

Coupon-mad

You cannot argue with court fees being added, that's the point. You can't attack the whole £167.

Please tell us who the Claimant parking firm is.

Please use the WS we suggested as your base, or do a more concise version like this person decided to do:

https://forums.moneysavingexpert.com/discussion/comment/79699256/#Comment_79699256

But don't just drop entire arguments for no reason just because you think our recommended version is long (e.g. no landowner authority).

monkeychompy

Thanks for the comments. 
The claimant is UK Parking Control Limited.
I'll have a look at the more concise WS and also try to understand and use the land owner authority argument.
I will adjust the amount I am arguing about to remove the court fee amount.

monkeychompy

My recent letter from the Court asks for a witness statement from me by 4pm 20th January 2023.
But it asks for the Claimant to send their documents by 4pm 6th January 2023. These haven't arrived with me yet.
Should I wait for the Claimant documents to arrive before sending my WS? Obviously I need to do this before 20th anyway.

Coupon-mad

Yes because you can then pick holes in their evidence in your WS.