Another one

TheBiscuit123

Hi all , got the notice of allocation to the small claims track (hearing) . Got it the end of October and need to give my witness statement in by the end of November. 

Coupon-mad

OK, go get Henderson v Henderson then, as one of your exhibits, in order to press home the cause of action estoppel point.  Assuming your other claim almost matches this one except for PCN dates (same claimant).

You know from the NEWBIES thread section on Witness Statement stage, what sort of photo exhibits to include.  Just don't copy the WS by RobertCox there, as it is superseded in 2022 by bundles and evidence as shown in recent threads, e.g. the one by @aphex007

TheBiscuit123

1.      I am Mrs xxxxx of xxxxxx. I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

 

2.      In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated, and I will say as follows:

 

Sequence of events

3.      It is admitted that the Defendant was the registered keeper of the vehicle in question, but liability is denied. The Defendant was not the driver of the vehicle in question on this day.

 

4.      The first that I heard about the parking charge was when the letters started coming to my house months later. I wrote to them telling UKPC that I was not the driver of the vehicle at the time but got no response from them. UKPC kept bombarding me with letters of debt recovery and the I felt harassed by the whole situation.  I cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4, because UKPC never responded to my letter to transfer liability to the driver.  As the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the "keeper liability" requirements set out in Schedule 4 of the POFA 2012, to make a valid claim against the keeper, the Claimant must comply with paras 4 (1) and (2) (a) and (b), and para 5 (1) (a) and (b).

UKPC have failed para 5 (1) (b) because the claimant knew the identity of the driver and address for service as the Defendant gave it to them before the claim was issued.

 

5.      The driver of the vehicle at the time told me that he parked the car outside his place of work on company property at 3:50am and never saw any signs as it was dark outside. If the driver of the vehicle even saw the sign, he would not have been able to read it as the writing is so small. The Claimant’s small signs have vague/hidden terms and a mix of small font and are considered incapable of binding a driver.  Consequently, it remains my position that no contract to pay an onerous penalty was seen or agreed.

 

6.      It is my position that this amounts to serial predatory ticketing of employees and visitors of the companies located at this location. The claimant is put to strict proof that, at the time of the parking event the signage was evident, correct and clearly visible on this road in question.

 

7.      I did not see any single or double yellow lines or such lines of any colour on either side of the road or parking area upon my visit to the site. see exhibit xx-01

 

8.      The Claimant has issued a further claim, number XXXX, against the Defendant with substantially identical particulars, for the same cause of action. The Defendant has requested that the Claimant combine these cases (as per Civil Procedure Rules) in writing on two occasions but has received no affirmative response. The issuing of two separate claims, by the same Claimant and for essentially the same cause of action, is an abuse of the civil litigation process. The long-established case law in Henderson -v- Henderson [1843] 67 ER 313, establishes the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case.  In Arnold v National Westminster Bank plc [1991] 3 All ER 41 the court noted that cause of action estoppel “…applies where a cause of action in a second action is identical to a cause of action in the first, the latter having been between the same parties or their privies and having involved the same subject matter.”  The Court is invited to strike out the second claim due to cause of action estoppel - or in the alternative, consolidate the two claims to be determined together at one hearing - and to apply appropriate sanctions against the Claimants for filing two abusive and exaggerated claims.

how is this so far for V1 ? I have more photos obviously but will keep them for the ws.

 

Fruitcake

You need to refer to yourself as the defendant, not me, myself, or I.

Coupon-mad

Fruitcake said:

You need to refer to yourself as the defendant, not me, myself, or I.

This is a draft WS.

how is this so far for V1 ? I have more photos obviously but will keep them for the ws.

But this is your WS.

You need exhibits to support para 4.  Your letter transferring liability, and the POFA Schedule 4 to help the Judge see that UKPC have no cause of action against you because you named the driver.

You also need similar exhibits as seen in the recent thread by @aphex007 (and @laurenjo12 from this week, so that one is easy to locate).

TheBiscuit123

Ok so court date is the 22nd of March but I can't make it that day as I'm out of the country.  Can I write a letter of non - attendance and deliver it by hand with my paperwork?  Or will a email suffice to ccbc 

Umkomaas

TheBiscuit123 said:

Ok so court date is the 22nd of March but I can't make it that day as I'm out of the country.  Can I write a letter of non - attendance and deliver it by hand with my paperwork?  Or will a email suffice to ccbc 

Your prospects of winning this are much reduced by non-attendance. You must inform the court, at least 7 days in advance, otherwise you are teed up for an 'unreasonable behaviour' claim where all the claimant's and their advocate's expenses could fall to you - costly. How long have you known about the court hearing date - you've been away from the forum for some three months?

Coupon-mad

TheBiscuit123 said:

Ok so court date is the 22nd of March but I can't make it that day as I'm out of the country.  Can I write a letter of non - attendance and deliver it by hand with my paperwork?  Or will a email suffice to ccbc 

You've already filed & served your paperwork, surely?

As above you MUST tell the court IN WRITING  not less than seven days before. 

Not attending does mean (sadly) you'll almost certainly lose. Can you ask to attend remotely by video or phone?   Ring up the court now or in the morning and find out if that's possible.