Residential PCN now a CCJ claim UKPC/DCB

Not_A_Hope

I would include proof of a parking permit and state this was displayed as a courtesy not as a contractual obligation. Show the signs as well if they help your case. It is highly likely the scammers will give up after you have produced as decent WS and before it costs them any more in court fees.

justiceseeker180

I have just been reviewing my defense:

"The Defendant will rely upon the

judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016)
and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ
2011. The Court will be referred to further similar fact cases in the event that this

matter proceeds to trial."

For some reason which is an oversight on my part I have not mentioned the two case studies most relevant to my case due to the fact I am arguing no requirement of permit (Pace v Mr N and Link Parking Mrs P both have relevance to this). I have however said about refrerence to similar fact cases so assume I can include them in the WS?

I am also not sure where to obtain copies of these cases as only certain cases seem to be obtainable on the internet.

I assume I need to include the full case notes in the WS?

Coupon-mad

They are available by Googling.

Please don't throw away Jopson and Plustrade (both higher level appeals, and thus persuasive) in favour of fairly useless county court decisions like the Link and Pace cases, which mean very little by comparison.

patient_dream

WOW 13 nonths away ? We know the courts are in a mess but that is stupidity.

I would contact the allocated court to confirm the date, just in case it is a typo

If it is Nov 24, as DCBL keep saying "in the interests of the court" ..... why wait to discontinue, which they will because it's just another rubbish case, free up the court and be sensible

In the meantime continue with your WS, you never know, DCBL may use their grey matter 

justiceseeker180

I could only find a copy of the jopsen case, guess i will have to google harder.  I do not want to just blindly copy and paste an existing WS then fill in the blanks and send something to these jokers that i do not understand.

Just for example the contents of my WS may be something like this:

Table of Contents

Witness Statement 2-9

Exhibit xx-01 Proof of Purchase of the flat (which I no longer own).......................................… 10

Exhibit xx-02 Proof of Parking Permits ……………………………….........................................  11

Exhibit xx-03 Proof of circumstances of why permit not displayed.....................…………..……12

Exhibit xx-0  Proof of lease.........................................................................................................13

Exhibit xx-05 Parking Eye Limited V Beavis- Paragraphs 98, 193 and 198..............................14

Exhibit xx-06 The Beavis case sign for comparison..................................................................15

Exhibit xx-07 jopson v homeguard ..............................................................………………   16-25

Exhibit xx-08 Pace v Mr N....……………………………………………………………………...26-29

Exhibit xx09  Link Parking v Mrs P.......................................................................................30-32

Is it worth including pictures of signage at the property where ticket issued regardless of the quality of it in comparison to the parking eye sign?

Guess I am missing something but the parking eye paragraphs just seem to validate parking eye? Please educate me. 

What is best to include from the @_blueberry_ and @vincentvega27 to use for a residential situiation e.g 'another Badly Pleaded Parking Claim' or 'preliminary matter: The claim should be struck out' paragraghs etc etc or is it irrelavant? I am not exactly sure what to include in my own WS from those examples.

Thanks

Le_Kirk

The exemplars are provided for style and format not content; your WS must back up and support your defence.

Coupon-mad

But yes you need transcripts of CEL v Chan and Excel v Wilkinson.  You do need to copy a lot of the stuff used by those two posters.

ParkingEye did succeed because the contract was clear & prominent on signs. You should be showing & saying that there was no contract in this case because it is fully distinguished from Beavis in all respects. 

justiceseeker180

Ok understood. Thanks for clarifying about Parkingeye. I will finish the WS to the best of my ability then using the two posters as reference and see about posting it on here then as others have. When it comes to proof of residency do you think I need to show I lived at the property on the date the pcn was issued or just general proof I owned the property such as the title register? Same for the Lease would I need to show the whole lease which is quite extensive or the 2 or 3 pages that relate to parking?

Coupon-mad

I think the title register is fine.

You could host the whole lease in Dropbox and provide a shared URL link to it (to prevent them saying the excerpts are not proof that they even come from your lease as opposed to 'any lease').

justiceseeker180

Thinking about it, the comunication with the parking company was initally to the address where the pcn was issued. So i guess that also proves I lived at the property where the pcn was issued.