CCBC - UKPC/DCB Legal - Defence help

Castle

I make it that the "Transfer of liability to Keeper" notification dated 18th April 2018 has been issued two days too soon based on:
1) NTK-issued Tuesday 20th March (so date given 22nd March)
2) 28 days period runs from 23rd March to 19th April
3) Earliest that they can transfer liability is therefore 20th April.

Coupon-mad

Castle said:

I make it that the "Transfer of liability to Keeper" notification dated 18th April 2018 has been issued two days too soon based on:
1) NTK-issued Tuesday 20th March (so date given 22nd March)
2) 28 days period runs from 23rd March to 19th April
3) Earliest that they can transfer liability is therefore 20th April.

Yes - exactly what I was after.

Explained here:

https://www.contestorlegal.co.uk/blog-3/uk-parking-control-limiteds-oversight-in-adhering-to-the-28-day-statutory-period-as-outlined-under-pofa-resulted-in-a-295-costs-for-unreasonable-conduct

wolfneo

@Castle @Coupon-mad

You absolute wonderful people!!

So I’ve got this straight for my witness statement.. if the “given” date is calculated as the 2nd working day then although the NTK is dated 18, doesn’t that technically mean “given” 20? Therefore after 28days? 22march to 20april (29days)?

ignore my stupidity (leaving the question) - after reading further it all counts from the date “given” - thank you both. 

Coupon-mad

Your NTK isn't dated 18th.
Castle already explained the dates.

This is only one of several arguments.  See the (generally relevant to most cases) WS example by @_blueberry_ who won last month and got £500 in costs for unreasonable conduct.

UncleThomasCobley

As this is a DCB Legal issued claim, you must also include the CEL v Chan appeal judgment and transcript.

wolfneo

hi all - i'm trying to complete my witness statement this weekend, ready for submission by 23rd November and was wondering if i could get some advice please?

Following Blueberry's witness statement:

i will refer to all including CEL v CHAN

Recent struck out claim - referring to Mainax case - i will add his general form and planning to write along the lines of:

Recent Struck-Out Claim:

The defendant brings attention to exhibit xx-01 which is a copy of the judgement related to a recent case involving the same claimant, which, to the best of my knowledge and belief, has been struck out by the judge.

Background of exhibit xx-01:

Exhibit xx-01 comprises a copy of the claim document from a recent case involving the same Claimant, addressing parking charges and contractual obligations comparable to those in the present matter. The case, as indicated reached the defence stage and was subsequently struck out by the judge overseeing the proceedings.

Relevance of exhibit xx-01 to the Current Case:

I bring the exhibit to the court's attention as it holds direct relevance to the present case. The circumstances of the recently struck-out claim appear to share significant parallels with the current matter, suggesting potential inadequacies in the Claimant's legal stance or procedural compliance. The exhibit, being a copy of the judgement, serves as tangible evidence of the recent striking out of a similar case involving the Claimant.

Implications and Request for Consideration:

The striking out of a claim similar to the present case may indicate systemic issues within the Claimant's approach or a lack of substantive merit in their claims. I respectfully request the court to consider exhibit-xx-01 as material evidence when evaluating the merit and procedural integrity of the current claim. It provides a first hand account of the judge's decision in a comparable case.

Facts and Sequence of Events: - as i was not the driver and do not recall who was driving on the day, i have no sequence of events? is this okay? - i will just have a FACTS section which will include:

Breach of Statutory Timelines Under the Protection of Freedoms Act 2012 - referring to the point you kindly pointed out about the transfer of liability - should this go here or at the start with CEL v Chan etc??
Lack of Signage on Approach
Insufficient and Ambiguous Signage
Illegible/Unclear Signage

i will then keep all points the same on sections:

Exaggerated Claim and 'market failure' currently examined by the Government

CRA Breaches

The Beavis case is against this claim - do i need this as blueberry links this to his specific case?

Defence - i will refer to my facts section and defend from that stand point

and finally Conclusion this will pretty much be the same.

Coupon-mad

Have a look at this one that another poster is working on today:
https://forums.moneysavingexpert.com/discussion/comment/80408946/#Comment_80408946

but the following needs to be added at the top:-

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Full name of parking firm Ltd,

(Claimant) 

                   - and -                    

 (Defendant)

wolfneo

Thanks @Coupon-mad

in regards to transfer of keeper liability, in what section is best to note this? within Preliminary matter: The claim should be struck out?

Coupon-mad

I think, word the Preliminary Matter like the person in the link did, with transcript after transcript or using @Le_Kirk 's single PDF that I will be adding to the NEWBIES thread soon:

https://www.dropbox.com/scl/fo/gl0tt6pc65xnnvtq2e6g8/h?rlkey=ovz1j9xud64vzhqxx0fh2a8im&dl=0

Then under that bit, put a sub-heading:

No keeper liability

etc.

wolfneo

before i upload my WS for review, please could you confirm if i'll be causing any issues by including photos from the SAR?

No keeper liability - i will be including both NTK and Transfer of liability letter from UKPC - is this ok?

i also have a statement about the grace period (below) - i will be attaching the photos of my vehicle showing the timeframe, which wasn't 10minutes - is this ok?

18. A violation concerning the grace period is highlighted as per the British Parking Association (BPA) Code of Practice (CoP), Section 13.2 (Exhibit X). The CoP mandates a minimum grace period of 10 minutes, which is not met in this case, constituting a breach of the established rules.