HELP PLEASE! Residential defence witness statement against PCN claims brought by DCB Legal

Umkomaas

Waldo03 said:

Thanks Coupon-mad for your replies and insight. I will definitely mention the expected DLUHC's updated draft impact assessment in my WS as per your advise.

Claimant in their witness statement has referred to One Parking Solution Ltd v Wilshaw [2021] (“Wilshaw”) to establish validity of contract:

I refer to the recent decision in One Parking Solution Ltd v Wilshaw [2021] (“Wilshaw”) whereby it was found that it is not necessary for the Claimant to prove the Landowner’s authority to constitute a valid cause of action to recover the PCN, what is required is proof that there is a binding contract between the Claimant and the Defendant. Further, it was found in Wilshaw that the contract between the Claimant and the Freeholder (Landowner) does not affect the validity of any contract between the Claimant and the Defendant.

I have noticed you advising others here not to read that car crash and argue against the flawed appeal case that the other side hasn't even appended the transcript for. Should I just ignore or say something about it my WS? Thanks in advance 🙏 

Debunking OPS v Wilshaw is covered in the exemplar WS produced by @aphex007 in his UKPC/DCB Legal thread. Look at v3 (not earlier iterations) and use that as your WS framework and plagiarise relevant chunks. 

Thanks Coupon-mad for your replies and insight. I will definitely mention the expected DLUHC's updated draft impact assessment in my WS as per your advise.

I think CM was suggesting that the DLUHC's words be raised in a Supplementary Witness Statement (copy to court and claimant), which you can produce later in the process, once we know the detail.

Waldo03

Umkomaas said:

I think CM was suggesting that the DLUHC's words be raised in a Supplementary Witness Statement (copy to court and claimant), which you can produce later in the process, once we know the detail.

Thanks Umkomaas! I got what CM suggested "In fact you could even mention in this WS that you are informed that the Government is about to announce a Draft Impact Assessment and publish analysis about the 'extortion' of rip-off false 'debt fees' and you reserve the right to draw this to the Judge's attention with an updated WS before the hearing.

So, in this WS I will hint at supplementary WS that could detail DLUCHC's Draft Impact Assessment 😁

Coupon-mad

Yes, I would!

Waldo03

Morning! I am almost done with my WS which is due today. I however couldn't find transcripts of Pace v Mr N case number C6GF14F0 [2016] and Link Parking v Ms P case number C7GF50J7 [2016] to append with my statement. Links given on Parking Prankster's page are no longer working. Any idea from where I can get the transcripts?

Fruitcake

This post contains the transcripts for Pace and Link.

Parking in my own spot. N1 Claim form received. - Page 3 — MoneySavingExpert Forum

Waldo03

Thanks a lot Fruitcake ... your saved me 🫡🫡🫡

Waldo03

I had submitted my WS + evidence just on time to the court via email CC'ing claimants legal representative last week, but there is no confirmation of receipt from either one of them. Not receiving acknowledgement of safe receipt is normal or I need to do something to make sure they got it?

Coupon-mad

That is normal.

Waldo03

Thanks CM for your reply. Today I received this email from the court concerned:

Please note that trial and hearing bundles must be submitted as a hard copy format.  

 E-bundles are not accepted at XXXX XXXX (court name) unless specifically requested in the Court order.

 Unless the Court has ordered otherwise, all bundles must be Practice Direction 32, paragraph 27 compliant and be sent to the Court between 3 and 7 days before the hearing to ensure that they are placed on the Court file.

 You can do this by posting your bundle or dropping it off at the Court.

 Please note:

The email and the attachments have not been printed or archived, and has been deleted. In the event that there is a Court order requiring a pdf bundle, please re-send the original email immediately in any event within 24 hours with a copy of the order requiring a pdf bundle to be filed.

A week before the WS submission deadline, I had asked the court about sending bundle via the email and the court allowed it by replying "yes you can".

So, I sent copy of that exchange of emails between the court and me along with the bundle. Few minutes after replying to the court's email that I received today, an acknowledgement of my original email through which I had sent my WS+Evidence bundle come through.

If the case go to the trial, I will then send a hard copy of the bundle to the court as well between 3 and 7 days before the hearing.

Any thought?

Coupon-mad

Sounds good.

Add the costs to your costs schedule even though it's rare to get that sort of cost  ordered to be refunded by the Claimant.