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PCN at small claims hearing 6/6/2023

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  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 May 2023 at 11:46AM
    I'd add this after you say that you can see it's a man driving:

    The Defendant is aware that the staff move the cars around when they are busy. The layout has changed multiple times over the 3.5 years since the PCN was issued. There was a section of land behind the actual car wash area that cars could be left and the staff would move them around.  The Claimant is put to strict proof of the extent if the authorised enforcement boundary, given that it is indisputable that the parking contract as intended by the landowners cannot (realistically or practically) include the separate car wash, where cars are left by drivers accepting a clear offer of free parking whilst vehicles are left there for that service. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • WD40fan
    WD40fan Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    Brilliant, I appreciate the help with the wording. I'll pop that in.
  • WD40fan
    WD40fan Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    For anyone interested. I have filed it today, hopefully sharing a dedacted copy below.

    I didn't claim any costs as I'm currently not working....

    https://www.dropbox.com/s/3xaa2zv2ty2v4qz/Redacted v 2 Total Car Parks Ipswich.pdf?dl=0


  • WD40fan
    WD40fan Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    Claimant has come back with a second witness statement.

  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Adds nothing useful for them.

    Paragraph 5 is untrue because they can of course (whenever!) reissue NTKs not received, and the Government's new incoming Code will make that mandatory in cases where the NTK was not received.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • WD40fan
    WD40fan Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    Adds nothing useful for them.

    Paragraph 5 is untrue because they can of course (whenever!) reissue NTKs not received, and the Government's new incoming Code will make that mandatory in cases where the NTK was not received.
    Good. I'm glad you agree. Thanks again.
  • WD40fan
    WD40fan Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    Well, I'm in virtual court tomorrow. Any suggestions of what I can do to further prepare, other than re-reading the bundle?
  • Le_Kirk
    Le_Kirk Posts: 24,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    WD40fan said:
    Well, I'm in virtual court tomorrow. Any suggestions of what I can do to further prepare, other than re-reading the bundle?
    Preparation is key, know your defence and witness statement inside out, make yourself a crib sheet to make sure you get across everything you want to say (especially if you feel it is not going your way).  On your crib sheet mark important points in your defence and WS and have a cross reference so you can point the judge to those important points.  Dress smartly (a smart body = a smart mind) even though it is virtual court, address the judge as "judge", wait your turn to speak, do not forget to ask for your costs when you win! Oh .... and good luck.
  • WD40fan
    WD40fan Posts: 26 Forumite
    10 Posts First Anniversary Name Dropper
    Jenni_D said:
    Do you have contact details of who/where to call if the virtual meeting fails for any reason?
    I do, but when I've tried to call before the queue was 19 and waiting...
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