6 PCN's and a historic CCJ

63realfan

Coupon-mad said:

This stuff looks specific to a sign:

"The words “contract’ or “agreement’ do not appear at all within the sign. The phrase “Terms and Conditions” are not synonymous with a contract. Furthermore, the opening words of the sign appear to be designed more to ward off trespassers than to enter into a contract with the driver. "

So should I remove that part or just include that part? 

63realfan

Basically just wondering if the IPC part should be included or not

63realfan

Other issue we've got is nothing has been sent the address, what's the best ''Claim number'' to put down? 

63realfan

Hi @Coupon-mad - hope you’re well. 

We’ve had the court date after the set aside pushed back by 6-7 months. Defence was submitted on time and didn’t hear back till last week (set aside last year!). Our defence was pretty solid. The solicitor has just recently given their witness statement and are going ahead where I was hoping they’d of pulled out. They’ve picked everything apart barr the fact I said the defendant arrived early when it was dark and left when it was dark hence not seeing the signs on way in and when parking up and when returning and leaving due to it being October/November and it being dark. I did wonder why the solicitor didn’t mention this in her witness statement. 

Anyhow, my friend is going to push and negotiate to settle outside of court. I’ve done it all for him and I think if he goes in court they’ll pick him apart and he’ll lose and pay even more let alone win and get his fees back. 

This is really what I wanted your main view on, they said something which surprised me & wanted to see what you felt on it (Gladstone solicitor) -

“4. The Claimant would like the Court to note that the Defendant is using, for the most part, a generic Defence which can be found on the internet. It is highly doubtful that the Defendant would understand the complexities of all the references to the Civil Procedure Rules, the requirements in the Act and in established case law, which is often the case when a Defendant is questioned about such references at Court.”

cheers 

Coupon-mad

Search the forum for those words.

Tell your friend NOT TO MAKE AN OFFER.

Le_Kirk

63realfan said:

“4. The Claimant would like the Court to note that the Defendant is using, for the most part, a generic Defence which can be found on the internet. It is highly doubtful that the Defendant would understand the complexities of all the references to the Civil Procedure Rules, the requirements in the Act and in established case law, which is often the case when a Defendant is questioned about such references at Court.”

To which a judge has replied "so what!"

Coupon-mad

Le_Kirk said:

63realfan said:

“4. The Claimant would like the Court to note that the Defendant is using, for the most part, a generic Defence which can be found on the internet. It is highly doubtful that the Defendant would understand the complexities of all the references to the Civil Procedure Rules, the requirements in the Act and in established case law, which is often the case when a Defendant is questioned about such references at Court.”

To which a judge has replied "so what!"

Yep and that was to the parking firm goon in a case where I was presenting a D's case.

  

63realfan

Coupon-mad said:

Search the forum for those words.

Tell your friend NOT TO MAKE AN OFFER.

What’s the alternative? C has overwhelming evidence against him compared to his defence against the case. 6 PCN’s of which most exhibit photos show D parking next to. The only thing I can argue with it is the fact he went early and it was dark and left late and it was dark and there was no sufficient lighting at the area where the signs were. His mum and dad are both terminally ill with cancer and he doesn’t want to have the stress of going to court and losing having to pay more money than he will if he settles out of court 

63realfan

Just wondering what you think guys..

Gr1pr

if it goes to court and the defendant loses, its likely that all the added debt collectors fees will go into the nearest bin, so people losers tend to pay at least £70 less than the amound claimed on the claim form for a single PCN

SO IF A CLAIM IS AROUND £280 , THE TYPICAL LOSS IN TOTAL IS AROUND £212

IF HE WINS HE PAYS NOTHING