UK PC Claims received

LionsShare

Coupon-mad said:

LionsShare said:

No, there are no photos of signs. Just this one printed copy sent above

So even in the blurry photos you said they sent, of seventeen alleged parking events for this claim and another umpteen for the second claim, they haven't shown a single image of the sign in situ that day?

Yes, that's correct

Coupon-mad

Wowee!

NO EVIDENCE OF THE CONTRACT?!

Go to town and cover all of the above in your WS!

I know the court only asked for a defence but do a WS bundle (a statement in the first person) tonight too, covering everything I said.

LionsShare

Thanks @Coupon-mad will do

LionsShare

I have spent some time putting together WS, First draft here:

https://www.dropbox.com/scl/fi/1htgtsns4d65wdxg55jv3/Witness-Statement-redacted.docx?rlkey=cnbe1pg2q1zsv6xiog18ayqqb&dl=0

Not sure if some of the wording is a bit dodgy and should I include more? less? Any help appreciated.

Coupon-mad

Probably needs heading up as your second WS as the first one was the WS which accompanied your N244.

I think at para 5 I'd state that your only contract was with Ian whatever Estate Management and there was no mention of this Claimant or a risk of paying £100 per day to a third party for attending or delivering to the flat. What I mean is:

What does a permit look like?  Does it mention the PPC's name and did it come with any bumf warning the recipient to "see the signs in the car park for the full t&cs" or "by accepting this permit you agree to be bound by the contract on the signs?  If not, then the full t&cs are simply those agreed by email when you paid the Estate Management £20. 

I didn't see you have stated that the Claimant has failed to show any contemporaneous photos of the sign(s) in the car park on the material date.  A mock-up sign template is no evidence at all of the actual lighting/ legibility and general state and position of the sign on each occasion, much less what words were on the sign.  This cannot be presumed from a stock image.

You have called it an offence (twice I think?).  It's not a criminal offence so change that to 'event' or 'events'.

What does your defence look like?

Are you doing all this twice because the Judge didn't amalgamate the two claims?

LionsShare

Thanks @Coupon-mad. Will make those changes.

The claims were consolidated after the application to stay was sent. Therefore I'm assuming that carries through and I can continue to send everything together now rather than twice?

This is my Defence based on the most up to date Template Defence as per your suggestion:

https://www.dropbox.com/scl/fi/zlx5mnorskg2gzpejcddd/Final-Defence-_Redacted.pdf?rlkey=hk2ihlp11c78jp4nqsdvn2lsb&dl=0

The permit is simply a small square piece of card with an identifying number. It does have UKPC on it.

LionsShare

Should I attach HHJ Murch as mentioned in para 12 of WS as an Exhibit?

UncleThomasCobley

The HHJ Murch transcript should be embedded as an image (all 4 pages) after para #3 if it is a defence otherwise as an exhibit for a WS.

Coupon-mad

Or as en exhibit with your WS might look better.  You can say you are attaching it because the original unserved POC were woeful (once you saw the 2 claims) and whilst the Claimant has now provided more detail there isn't even a picture of the contract allegedly breached on the 17 occasions (not a single photo of the sign in situ) and you are asking the Judge to consider striking out the new POC which change the £sum and change the basis of claim from damages to contract.  Surely that needs a fresh claim and in view of HHJ Murch's judgment the claims should be dismissed.

LionsShare

OK thanks all. I am now going to file all this to Luton CC