PCN from Parking Control Management

MadMunk

Now that I have said WS prepared, scanned and signed.  Do I have to wait for the courts to request my WS or can I send it early in case of a late notice of discontinuance? 

I'd like the points in the WS to be considered by the courts when making an assessment on reparations/damages.

It clearly highlights misconduct, underhandedness breaching PAP and switching the claim without notifying me, breaches in regards to additional costs, the claimant and solicitor refusing to correspond.  I feel the magistrate would find this all useful to understand the bigger picture and why the claimant will possibly cancel the claim.  

Coupon-mad

There is no magistrate nor assessment of damages.

Do not send a WS bundle yet if you have not got a hearing date or an order telling you to submit everything by x date.

MadMunk

I know we're not there yet, but I think I am now all prepared.  WS is ready, evidence indexed and hyperlinked in my proper document.  As soon as the court asks, this will be emailed same day.

Thank you all for your assistance each step of the way, it has been completely invaluable to me.  Especially @Coupon-mad and @Le_Kirk. The two of you have steered me straight and helped far more than I could have hoped for.  Your online resources, templates and previous cases have assisted greatly.

For anyone else who reads this thread: I seriously recommend folks use ChatGPT to help polish their WS and promote/advocate its use.  The difference in language compared to my initial WS is phenomenal.  It required a little coaching in my requirements and had to be done 10 points at a time but it added a professional polish I could never have hoped to achieve short of paid legal assistance.

KeithP

MadMunk said:

WS is ready, evidence indexed and hyperlinked in my proper document.  As soon as the court asks, this will be emailed same day.

It is usually suggested not to file a Witness Statement and evidence until the last possible moment.
For two good reasons...
1) it reduces the time available to the Claimant to study your WS and challenge all your points, and
2) there is a chance that you may be able to see the Claimant's WS before finalising yours, and so you are able to rip their statement apart in your WS.

MadMunk

I think I already know what they will do, their whole case is built on a case they never told me about.  They switched the claim number on the LBC 2 and 3 and then submitted that to the courts.  This is likely due to the fact that the case they had been chasing for over 18 months is completely unwinnable and I have them hook, line and sinker.  If they then proceed to try take me to court over an old PCN that was cancelled but in limbo, it would be deemed malicious, with the only intent being to screw me for money by any means possible.  More-so as I already asked, (as advised by your kind selves) when submitting the SAR that they take me to court for all existing PCN's, not piecemeal.

They never sent me a revised PAP and I have emails exhibited from PCM and gladstones saying they will no longer correspond with me.  Meanwhile the gladstones website, again exhibited has no reference to this new claim.  Whatever they write is technically irrelevant.  By submitting immediately, I can plead ignorance to anything they write.

Or is that logic incorrect?

Btw... were they supposed to send me a copy of their defence?  I have never seen one.  I assumed WS was the same scenario.

MadMunk

I believe their intent was to scare me into paying the one they were chasing via the gladstones website and as per the PAP, thinking I'd not notice the very small documentation change in reference number.  That way I'd pay for the one I thought I was defending, catch me with my pants down in court and then make me pay both for the inconvenience of daring to challenge them.

KeithP

MadMunk said:

Btw... were they supposed to send me a copy of their defence?  I have never seen one.

The Claimant files a Claim.
The Defendant files a Defence against a Claim.
The Claimant doesn't file a Defence.

MadMunk

lol, blonde moment

facepalm... facepalm some more.  I chalk it down to a long day, that excuse will do.  Haha

MadMunk

Is my thought process above incorrect, besides having a moment at the end there?  I have nothing to lose by letting them see it early.  all the evidence is there, even in the claim they have put to the courts and the gladstones dashboard.  

KeithP

I think 'your thought process' needs refining.

Say again why you want to give them extra time to pull apart your pleadings?