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County Court claim received from Gladstone courtesy of District enforcement limited

1235

Comments

  • Umkomaas
    Umkomaas Posts: 43,908 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have no grounds to use the Chen case
    Why?  The POC of the claim form are woefully inadequate and bring Chan (note correct spelling) right into play. You defend against the POC, Don't look a gift horse in the mouth. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Ok I'll rewrite parts of the WS and add the Chan case law and transcript, I only have until Monday for my 28 days so unless anyone else can think of any additions I'll be forwarding this onto the court and Gladstone's over the weekend, thank you everyone for the help, 🤞 For the court date now 
  • Coupon-mad
    Coupon-mad Posts: 156,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ok I'll rewrite parts of the WS and add the Chan case law and transcript, I only have until Monday for my 28 days so unless anyone else can think of any additions I'll be forwarding this onto the court and Gladstone's over the weekend, thank you everyone for the help, 🤞 For the court date now 
    Show us the final draft.
    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
  • Coupon-mad
    Coupon-mad Posts: 156,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just a few tweaks:

    Ropewalk is a proper noun and clearly needs a capital R (3 times).

    Para 23 needs the date in it changed to 2024 for obvious reasons.

    The start requires your address too:

    1. I am XX of ADDRESS and I am the defendant against whom this claim is made...

    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
  • ForeverEvan
    ForeverEvan Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    Ok thank you for that coupon-mad hope you had a good break, I'll amend those changes tomorrow and send it off as soon as I'm done to both emails. Appreciate all the help 
  • Thank you to all the help on here, today I went to court and case was dismissed, in and out of the court room in less then 10 minutes
  • Coupon-mad
    Coupon-mad Posts: 156,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 April 2024 at 11:56AM
    Thank you to all the help on here, today I went to court and case was dismissed, in and out of the court room in less then 10 minutes
    Oooh - congrats - tell us more!

    ANOTHER ONE BITES THE DUST!

    Which court/Judge?

    What was said?

    Did they send a rep? What did they do & say?

    What did you have to say?

    Did you ask for your attendance costs?
    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
  • ForeverEvan
    ForeverEvan Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    edited 8 April 2024 at 12:37PM
    It was Nuneaton crown court but I never caught the judges name I was abit nervous when I was heading through and was abit rabbit in the headlightsesque. 
    He went through their defence and how he was unsure how a paralegal from a firm representing the client can do a witness statement that includes all the information without a company representative who knew the area and parking procedures for the area included. He commented about the image they included in their witness statement as it was a google maps image and wasn't clear if it was ok to be included or not but he allowed it into evidence anyway.
    They didn't send a rep but did inform the court prior to proceedings they would not be attending.
    The judge then discussed my defence and he agreed that a PCN cannot be legal and enforceable without a time spent parked specified and seems as they only had a still of my car both the PCNS are invalid as they cannot prove I was parked there and they cannot prove how long I was there for.
  • Coupon-mad
    Coupon-mad Posts: 156,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Very good!  No period of parking evidenced!
    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
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