Park Watch County Court Defence Review

whisperingeye1

Great thank you both, I have just sent an email to Preston Court with similar wording to that, asking them to confirm it has been struck out.

Hopefully this is the end of it now but based on their additional documents they sent over I am feeling pretty confident if it were to go forward!

Thanks for all your help

whisperingeye1

Good morning all,

Hopefully my last update on this case. 

I received a letter from Preston County Court stating that the claim is ordered to be struck out. This was dated 5th January and I have not heard anything since.

Does this mean that it is all over? Or can they appeal and continue the claim?

Thanks again! 

Coupon-mad

whisperingeye1 said:

DECEMBER:
After submitting my defence and later the DQ, Money Claim Online shows my claim has been transfered to Preston Court as requested. Shortly after I received a General Form of Judgment or Order from the Preston Court stating that

"IT IS ORDERED THAT:
1) The particulars of claim are struck out because (a) they do not disclose any reasonable grounds for bringing the claim and (b) they fail to comply with CPR 16.4 and PD 16 paragrapghs 7.3-7.5"

It then later states that

"The Claimant shall send to the court and to the Defendant a further statement of case, verified by a statement of truth, by 4pm on 5th December 2022"

I assume this is because they failed to provided the correct paperwork or because their case against me is pretty weak. This deadline came and went without any correspondance so I assumed it was all over. However 11 days after the deadline on the 16th December the claimant sends an email and with the documents for the court. The documents were also dated with 16th December. 

I have since heard nothing further regarding this. My question is, since they submitted the documents 11 days past the deadline would the case have automattically been struck out? Money Claim Online still shows the last update as the case being transfered to Preston so I am not sure if that will show if the case has been struck out.


UPDATE, FEBRUARY:

Good morning all,

Hopefully my last update on this case. 

I received a letter from Preston County Court stating that the claim is ordered to be struck out. This was dated 5th January and I have not heard anything since.

Does this mean that it is all over? Or can they appeal and continue the claim?

i am assuming your email pointed out to Preston court that "the C failed to comply with the Order.  The new Particulars arrived far too late to be considered compliant and no application was filed by the Claimant, for an extension of time or relief from sanctions."

Therefore, the fact the Court has now responded and confirmed the strike out - and you know FOR A FACT that the documents were dated 11 days too late -  means I cannot see that the C could possibly get that overturned now.

So yea, you win!  Congratulations!

ANOTHER ONE BITES THE DUST!

whisperingeye1

Great news! Thanks for all your help. Glad to put an end to this one!

Coupon-mad

whisperingeye1 said:

Great news! Thanks for all your help. Glad to put an end to this one!

Good.

Don't disappear though!   That's only one battle and you need to help to win the war.  See you back here for the Public Consultation, coming soon.

UK motorists need you to help us make a difference forever.  What a waste of your time this is, and why should there be such a litigation culture in parking?  It's horrible being pursued for £100 plus false 'fees' for no reason, by an ex-clamper aggressive firm.  

Join us in pushing to end the PPC and DRA 'added fees' lie that pays for the bulk-litigation culture.

There will be one window of opportunity very soon, early this year.

Together, we can stop the parking industry from riding roughshod over the new statutory Code of Practice and reinstate the lower charge level caps and the ban on added fake fee 'extortion'.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest (2022) posts there.

PPCs have blocked the new statutory Code with Judicial Reviews.  Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's all on hold...!  It needs to be law.

This will be your chance to make a difference, plus other drivers you know (family, friends) who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their 'legals' have on people.

This upcoming Consultation needs high numbers of real victims to make a point of responding.  Coming soon....and it will be all over the forum, you'll see.

Marshac85

Hi @whisperingeye1, 

Thank you so much for your post...I too have a PCN from Park Watch, on Deepdale Retail Park, from 2018. Thank you also to the regular contributors and admins of this forum. The info on here over the years has been golden.

I'll keep it brief as my WS needs to be filed by close of play TODAY I think....?! The Hearing is the 3rd April (as a side note, does anyone know if that means that filing on Monday 20th March will be fine? In which case I can await this forums much needed expert view of my WS!).

I don't suppose you have photographs of the signage that was present in 2018 do you please @whisperingeye1?! Particularly of the entrance from Blackpool Rd and up to the approach roundabout towards Costa? I never took any way back in 2018, and I have no idea what the Parking Scumbags have up their sleeve. 

Google street map interestingly has photos in the carpark from Oct 2018, but those of the approach to the first roundabout are 2022. 

Thanks in advance!

Coupon-mad

Yes 14 days before is OK.  In time.

Start your own thread please - but base the WS you show us on the bundle by @aphex007 or @SJRRJS

Marshac85

Ok great. That takes the pressure off rushing it in today. 

Apologies - I'll start a new thread with the WS for review. Was I ok to tag the request for photos from the OP onto this thread though? Sorry - I read enough forum content but I rarely post! 🙈

Le_Kirk

Marshac85 said:

Apologies - I'll start a new thread with the WS for review. Was I ok to tag the request for photos from the OP onto this thread though? Sorry - I read enough forum content but I rarely post! 🙈

You might want to send a PM to @whisperingeye1, who has not been active on the forum since their last post on Feb 1

whisperingeye1

@Marshac85 I don't mind the request for photos! Unfortunately I don't have any from 2018. I managed to find a few pictures of signage online from when ParkWatch were managing the site years ago and the pictures I took end of last year show it is now managed by group nexus. I have attached all the pictures I have. Hopefully they are of some use