PCN defence advice needed, PCN issued as parking session was purchased outside of grace period

Coupon-mad

The suggested version in the NEWBIES thread is out of date now.  I'll edit it sometime this year.

Read the NEWBIES thread about WS and evidence tips but don't use the example by RobertCox (at all).  IT IS OUT OF DATE AND HE LOST.

Look at the WS bundles from:

@aphex007 
@Daiapolon2021 
@laurenjo12 
@SJRRJS 

KeithP

I don't think your paragraph 5 adds anything useful.
In fact, quite the opposite.
It could influence the Judge, maybe even subconsciously, into thinking "perhaps PoPLA have a point".

2headedshark

Thanks. I've looked at those WS bundles and amended my WS. Also removed what was paragraph 5. 
Feedback on the latest draft welcome, to be honest I don't really understand some of the stuff I've copied over. I've had the claimant WS so have referred to it. Hopefully this link works 

https://www.dropbox.com/scl/fi/zu3v4f9mon5isgrslz19a/Witness-Statement-Redacted.docx?dl=0&rlkey=b0i7lztga63ui1sw4ol1jvmc6

KeithP

Whilst we will all agree with you when you say "the Claimant is entirely without merit" - paragraph 46 - it would perhaps be better if you wrote "the Claim is entirely without merit".   

Coupon-mad

You need two more things as exhibits that I think @ParkingMad has posted before:

- the photo of the other Llangrannog sign that says payment must be made within 15 minutes;

- the BPA Inspector's Report about Llangrannog which led to it being temporarily closed not too many years ago, as the methods of payment were so unreliable;

- and page 9 (I think) of this month's online publication, Parking News has a useful BPA quote about what should happen when payment methods are failing.  Use that page too.

B789

1. I am xxxxxxof xxxxx and 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 and subsequent research.

Maybe you should add the extra bit to end of your para #1 to fend off the usual rubbish, as seen later on in your WS about using templates available on the internet.

Pare #17:

17. The Claimant’s Witness Statement comments how the Defendanthas filed a widely available templated Defence, rather than dealing with the substantive issues and this is disingenuous and a waste of the Courts time. This implies I fully understood and accepted the Claimant’s terms and conditions and was consciously in breach of themwhich is both untrue and somewhat insulting. I standby that the contract was frustrated as it was not possible to comply with the terms within the time allocated.

Perhaps reword along these lines to emphasise the "embarrassing" rebuttal in the Claimant's WS:

17. The Claimant's Witness Statement is particularly embarrassing due to their comments about the Defendant using a "widely available templated Defence." What adds to the irony is that the Claimant, who habitually files claims using automated templates (referred to as "robo-claims"), has resorted to a similarly commonplace template statement instead of addressing the substantive issues at hand. This highlights the Claimant's own reliance on templates, making their accusation against the Defendant all the more ironic and embarrassing.

FYI, in a legal context, "embarrassing" typically refers to a situation or statement that is detrimental to the party making it. It refers to evidence, arguments, or statements that are damaging to one's own case or position. An embarrassing admission, for example, is one that undermines the credibility or strength of a party's claims. It signifies that the statement or action is disadvantageous or harmful to the party's legal position.

2headedshark

Great, thanks all, those changes made

2headedshark

I've got paranoid. I got an automated email back from the Court so I know they have received my WS bundle. I didn't get an automated email back from the 3 other email addresses (claimant themselves and 2 email addresses I had for their legal representative), I used BCC. Do I need to be worried that I didn't get any sort of automated response back? I've checked spam etc and no undeliverable email or anything else. What if they say they didn't receive copies? 

Coupon-mad

Just print out your 'sent item' showing the date/time and recipients, and put that in your own printed file for the hearing.

Brandish it if they lie.

These reps often try that trick.  Some PPCs must instruct them to say every time that no WS was received.  We've seen it so often, that you are right to be paranoid.

2headedshark

Been to Court. I lost. On the plus side, the Judge was very nice and I'm not having to pay as much as OPS were trying for. I got the impression the Judge was sympathetic and would have ruled in my favour if he possible could, or maybe he was just nice and didn't want me to feel crap or, he found the Claimant's legal representative as nauseating as I did.

All the advice was great, so thank you - the claimant's legal representative did try to get me in a side room AND I still can't believe this - tried to claim my WS wasn't in on time, based on the date signed and post taking 2 days. So glad I was ready with the email evidence.
 
Is it time to leave it and pay up or is there something else I can do? I don't mind paying up and I don't really mind loosing if that's the law but I still don't think it's right or fair. And I don't understand how other cases appear to have been won on this basis and I've lost (although I couldn't find the actual court references to use and so possibly that didn't help me). 

I keep wondering if there's a way of getting the data to see how much money OPS make from PCNs issued due to being between 11 to 15 minutes outside the grace period. The signage has changed so the 10 minutes is now obvious but if they weren't out to make money by this means, surely they would just make the grace period 15 minutes and if they are consciously out to make money from it, doesn't that demonstrate it's often not possible to pay within that time limit?