PCM Claim Form time to write a defence

Castle

Johnson2015 said:

WS with evidence bundle submitted to Gladys and CC. Roll on D Day 😅

Have you received their WS?

Johnson2015

We act for the Claimant in the above matter.  

 

Please find enclosed, by way of service, the Claimant’s Witness Statement. We confirm the statement has been filed at the Court. 

 

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the upcoming hearing. 

   

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.

Yours sincerely,

Deanne

Paralegal  

 (Received this email 2 weeks prior)

Johnson2015

We lost. That's disappointing!!! I will have to appeal. 3rd time unlucky.

Coupon-mad

Which Judge/court?  Lady or man?  There's a naive lady Judge in the London area we've heard about.

Did the Judge get told that this was a duplicate facts claim and that you'd previously been to Court v PCM and won?

What did s/he say?

Did they send a rep?

Johnson2015

Male judge at Milton Keynes CC
Told him this was won at a previous date at the same court.
They sent no representation.
He said because it's a Private road and the sign is clear and tells you to enter a contract by paying £100. He said the blue badge in the car windscreen does not apply on private roads and you were parked on double yellows.

Johnson2015

P.S We will appeal. The judge said he doesn't get things right all the time but believes on the face value of things that there was a contract in place. 

Johnson2015

P.S.S 14 days to pay or 21 days to appeal.

Coupon-mad

Johnson2015 said:

P.S We will appeal. The judge said he doesn't get things right all the time but believes on the face value of things that there was a contract in place. 

I think if you are going to appeal then consider asking Contestor Legal to do it for you, on the basis that the Judge failed the mandatory duty to consider the fairness and prominence of the signs and lines which mimicked double yellows (which have the meaning that Blue Badge Holders can park for 3 hours).  Under the CRA 2015, ambiguous terms or consumer notices - which incudes surface markings on the road -  MUST be interpreted in the way that most favours the consumer.

That is the error in law that I see.

But appeals have to be pleaded very carefully which is why I suggest you pay CL to do it, and overturn the decision and get huge costs if you win (read their blogs on their website...).  

Failure to consider the CRA 2015 is a strong reason for appeal because s71 is very clear and our template defence even talks about s71 of the CRA.  So it was pleaded (even though it doesn't have to be pleaded - the duty on the court exists regardless).

Tell Jackson Yamba this is what I said.  We've exchanged emails, so he might remember me.

Johnson2015

I have also just received two letters before claim regarding two previous tickets which were for my husband and now they're pursuing me for them. I'm sure this was dealt with in court but now it has my married name on a vehicle I no longer own. I am so confused. I thought the matter was settled in court and they cannot pursue the driver for it?? It's two separate claims for two separate tickets on my old car. 

Coupon-mad

Johnson2015 said:

I have also just received two letters before claim regarding two previous tickets which were for my husband and now they're pursuing me for them.

I'm sure this was dealt with in court but now it has my married name on a vehicle I no longer own. I am so confused. I thought the matter was settled in court and they cannot pursue the driver for it?? It's two separate claims for two separate tickets on my old car. 

You need to be 100% sure if these were already settled in court. If you can prove it then that is how you respond.