DCB legal - Letter of claim

Coupon-mad

Yes a screenshot Exhibit plus URL link in case the Judge wants to check where the screenshot came from.

helpadviseneeded

ok i'll do that and also add a copy of the PCN notice which shows the timing I mentioned.

Another question is regarding the signs in the permit holders area of the allocated parking, should I be including pictures of the signs as exhibits.

I do not have a photo of the actual sign as my husband thought the matter would be resolved and by the time he went to take photos the UKPC signs were removed. I have a screenshot of the actual wording though as they are available online but can't attach it. 

The reasoning behind my question is that he did not feel the need to worry about the actual wording at the time as he had a valid permit and left the car having displayed it. 

The only reason I can think of to add photos of the signs is that google maps corroborates what I said about UKPC having their contract terminated by the centre management. I have emails which confirm this. 

On streetview in Dec 2016 (time of the PCN) it is clear that the signs are UKPC ones on the wall and the next photos available to see on google street view is August 2017 which clearly shows the signs have changed to another company.

I could add the photos for the sole purpose of showing the size of the sign and how high it is off the ground (approx. 2.7m is the top of the sign and it is 60cm in height. This has been calculated by counting the bricks and using a standard brick size of 75mm which includes 10 mm mortar joints) The wording on this sign is tiny as there is a lot of information on it and if the whole sign is 60cm high then the part that mentions a valid permit is merely 5-8cm high. 

Also, the new signs that were added in 2017 are much larger, clearer and lower down.

Coupon-mad

Yes, do that and say exactly that.

helpadviseneeded

Coupon-mad said:

Is this just the WS or should there be anything else I should be sending also?

Yes, the whole evidence bundle, exhibits and costs assessment that you see in the first thread by @aphex007

That's what you copy and edit to suit.  You don't send a WS without exhibits!

Hi all  
I've been dedicating a lot of time to working on the WS, and it's frustrating to think that they might wait until the last day before my documents are due to discontinue. Regardless of their actions, I anticipate that I will have to invest significant time, fighting this issue, even though my husband has had a valid permit all along. Therefore, it's crucial that I prepare everything to submit on time.

The resolution hearing is scheduled for the 23rd of March, so I plan to send my submission by 4 pm on the 7th of March.
Although the deadline for submitting 14 days before the hearing is the 9th of March 2023, I don't want to risk missing any critical deadlines.

Could anyone kindly please confirm whether I am on the right track?

 I am uncertain whether I should include all emails exchanged and any other evidence that supports my previous statements, from start to finish.

Please note that this is not the final version that I intend to submit. I will thoroughly review and polish it.

Currently, I need to add the exhibits and update the page numbers and index.

I am frustrated with constantly editing it to fit the page, and I believe that any necessary additions or deletions should be made before I format the document completely.

I used the WS @aphex007 as suggested by coupon-mad and edited accordingly. 

This whole process has been daunting and caused so many sleepless nights. My husband has a disability so it has been left for me deal with and I can honestly say, I don't know how they can carry on like this and treat innocent people like this. 

Thank you in advance.

Please be kind if I have gone completely off on a tangent 

I have been extremely unwell and suffer with fibromyalgia. I am trying to put in as much time as possible to just get it done as it is such a heavy burden. It is causing so much stress to us both as we do not have this kind of money. I feel fighting this is the right thing to do and no matter what happens we will see it through. 


I am attaching it here... ( I hope!) : 

https://www.dropbox.com/s/b5t3u6sc5qnw5sw/Document Witness Statement.docx?dl=0

Coupon-mad

A good effort.  So sorry to hear how this stress is taking its toll.

To para 3 I would add:

For the avoidance of doubt I will not be making an offer of settlement (the entire claim is disputed) but in order to comply with the court's Directions I will attend the Dispute Resolution Hearing unless this prolific 'discontinuer' follows its usual reported pattern and just discontinues, having wasted my time/money and that of the court service. I urge them to discontinue now and save themselves the hearing fee.

From para 50 remove or edit "is now banned" because the new statutory Code is on hold and it's not yet banned.  You could change it to: "in February 2022 the Government published its clear intention to ban the "extortion" of the false added 'damages/costs' of £60 or £70 per PCN which inflate demands and claims despite never being incurred."

I would remove the 'excuses' that you really do not need to do!

e.g.  trying to guess why the permit slipped and trying to guess why the rejection letter was not received/email problems.  Nope.  Just say what happened and don't look to excuse yourself from any wrongdoing.  Don't talk about being absent-minded because all this hands them ammo to say "we sympathise but the fact remains the contract was breached and the D has admitted fault"!

You have missed Excel v Wilkinson (a "must have" exhibit, used by aphex007 and everyone!). 

B789

Just to clarify something I may have missed earlier... @helpadviseneeded is handling all the paperwork for this case but the defendant is her husband. Is @helpadviseneeded the registered keeper? We know Mr helpadviseneeded was the driver and the appeal is based upon that fact. It is never clear in any of the posts who was the original claim filed against and was it filed against the driver or the RK?

@helpadviseneeded has persevered through this process which is obviously very stressful, especially if there other stressors in their lives at the same time. Kudos for getting this far with the process and the paperwork. My point is raised solely because at no point in the thread is it clear in what capacity was the defendant sued. As driver or RK or possibly both?

Maybe it doesn't matter at all?

KeithP

B789 said:

Just to clarify something I may have missed earlier... @helpadviseneeded is handling all the paperwork for this case but the defendant is her husband. Is @helpadviseneeded the registered keeper? We know Mr helpadviseneeded was the driver and the appeal is based upon that fact. It is never clear in any of the posts who was the original claim filed against and was it filed against the driver or the RK?

I don't think it matters does it?

Yes, the Defendant is the poster's husband.
According to the filed Defence, the Defendant was the driver.

With an admitted driver, it surely doesn't matter who the RK is.

Or am I missing your point?

B789

KeithP said:

B789 said:

Just to clarify something I may have missed earlier... @helpadviseneeded is handling all the paperwork for this case but the defendant is her husband. Is @helpadviseneeded the registered keeper? We know Mr helpadviseneeded was the driver and the appeal is based upon that fact. It is never clear in any of the posts who was the original claim filed against and was it filed against the driver or the RK?

I don't think it matters does it?

Yes, the Defendant is the poster's husband.
According to the filed Defence, the Defendant was the driver.

With an admitted driver, it surely doesn't matter who the RK is.

Or am I missing your point?

The thread starts out at LBC stage. Assuming no other correspondence prior, Im assuming that the LBC was addressed to the RK but it is not clear, anywhere in the thread who is the RK. @helpadviseneeded starts the thread and it becomes apparent that it is her husband who was the driver.

If he is also the RK, then no issue but if he isn't, who identified him as the driver/defendant if there wasn't any correspondence before the LBC?

helpadviseneeded

I’m sorry all, I didn’t get any notifications and only just noticed these replies. 

I’ll double check with my husband who the RK was & respond tomorrow- thank you for all your help to date. 

helpadviseneeded

Morning all,

@B789 Thank you for your response, I have just checked the V5 and the Registered keeper was not my husband (the defendant)

I am unsure if I can say who it was on the forum. Please advise if I can. 

Also there was a previous thread to this one which can be found at: 
https://forums.moneysavingexpert.com/discussion/5644374/ukpc-drp-resolver-popla/p1

This thread gives a little more background.

We received all the debt letters in my husband's name since I believe we provided his information as he was the one with the staff parking permit. They were aware of my husband's employment at the centre and use of the car park, as we had mentioned this in our appeals process and throughout the entire period. All debt letters came addressed to him.I imagine they were not told who the RK was as at no point have they ever contacted the registered keeper regarding this matter.

Should I add in a paragraph mentioning -

"It's worth noting that all the debt letters were addressed to the defendant and the parking company has never contacted the registered keeper about this alleged parking violation. 

or is this not relevant?

@Coupon-mad
I will look into your amendments and add them paragraph by paragraph on here going forward as the forum now have access to the dropbox version which would have been too long to post on here. 

Am I right in thinking the actual WS goes on a word document and must be emailed to the court and DCBL?

The court is a few mins drive so I can hand deliver, however is it worth sending to DCBL via another method in case they say they never received the WS?