Double yellows PCN with County Court Claim

Rafiki13

Coupon-mad said:

Kerb, not curb.

done
otherwise is it ready for submission ?

Rafiki13

Hello
So update on this case: 
10th of October; letter of HM Courts & tribunals Service - Acknowledgement of received Defence
16th of November; Notice of Proposed Allocation to the Small Claims Track.
21st December; Notice of Transfer of Proceedings
15th February; Notice of Allocation to the Small Claims Track (Hearing)                 3/07/2023 Hearing
3rd of March Email from Shakespeare Martineau with Pdf file titled Witness Evidence 

Any step I need to take ?
I did not submit my Evidence (which is picture of the entrance to my building to prove that the car was parked in front of the door for unloading) and a statement of my wife as witness if relevant.

Thanks

Trainerman

Have you done a witness statement yourself? It should have given you the date for that in your allocation. It may not be due yet, but I would check

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.


I am struggling to understand this...

Rafiki13 said:

I did not submit my Evidence (which is picture of the entrance to my building to prove that the car was parked in front of the door for unloading) and a statement of my wife as witness if relevant.

OK, so you haven't (yet) submitted evidence, but what does "a statement of my wife as witness if relevant" actually mean?

Rafiki13

Hello

So yes I found the paragraph and the deadline for "... all documents on which that party intends to rely at the hearing.."  is 4pm 15 March.

Regarding my "wife witness statement" she was inside the car with my baby so she will be testifying that I was unloading heavy items to my house and I just stopped the car not "parking". Maybe she can also state that she was never approached by the officer in order to explain why the car was stopped.

The officer saw me exit the building and should've/could've alert me to the fact that he felt I was contravening and he was issuing a Pcn.

Maybe someone can help me with the wording on her statement and relevant facts I should include like the fact that the pictures taken by the officer were from far away in order to conceal her presence in the car ... 

I wonder if it is also relevant to take some pictures from my building door to show that I stopped the car there in order to unload to my residence.
And a picture of my permit for the underground parking that would demonstrate to the court I don't have the need to Illegally park.

Thanks

Boat_to_Bolivia

Current WS examples you should read and adapt are by @aphex007 and @SJRRJS.

Coupon-mad

Please do NOT call a chancer of an employee of a PPC an 'officer'!

Obviously you (the Defendant) must file & serve a WS bundle - including your own signed WS -but you know this from the NEWBIES thread 2nd post.

Not_A_Hope

Rafiki13 you don’t seem to have acknowledged yet that you as the defendant need to submit a detailed witness statement. A supporting WS from your wife is secondary. You will see what your WS needs to look like when you look at those examples from @aphex007 and @SJRRJS

1505grandad

Parking Control Management (UK) Ltd

A heads-up  -  the above mentioned WS examples relate to BPA AoS members  -  your claimant is an IPC AoS member so you should be using/quoting the relevant version of the IPC CoP.

Rafiki13

1505grandad said:

Parking Control Management (UK) Ltd

A heads-up  -  the above mentioned WS examples relate to BPA AoS members  -  your claimant is an IPC AoS member so you should be using/quoting the relevant version of the IPC CoP.

Hello 

Im not sure what you mean by this?

 examples from @aphex007 and @SJRRJS these WS are not suitable for me to use as a template?

I am quite intimidated as I don't know if I have the skills to write up such an outstanding WS.
The claimant uploaded 3 photos as evidence.
3 photos with time stamps ;
first photo       15:09.00
second photo 15:10.17
third photo      15:11.08 This photo does not show the full car and only see the back I think that was the moment I returned to my                                         car and that's why they don't show driver door.
If the third photo is not admissible the claimant has 2 photos with 1 minute :17 seconds apart. is there any law or periods i can rely on as i think this is were i need to focus.

should i ask the judge to disregard this picture as it does not demonstrate my car in full?
or should I allege the photo doesn't capture the whole car because i was in the picture?

I am also reading Jopson vs Homeguard the ruling but cant seem to find the WS pertinent to that case. If anyone has access to it i appreciate linking it here.

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

On my defence i mentioned The code of practice that was suspended for review and the claimant bashed me saying I am relying in something that is not enforceable and that the court should refrain me from mentioning it again.

Any tips are welcomed.