PCN LBC - Need help

BumpyC

Okay i will include the transcripts!
When i quote excel v wilkinson, it's in relation to the almost £9 cost of debt chaser stage and my exhibit is the draft IA that includes that information, but should i also include the excel v wilkinson transcript too?

Then i quote the new draft Parking code of practice to state the 'exempt if broken down' section, can i snippet that? or do i include the link to the website? or should i copy the whole section from the website?

Coupon-mad

URL to the webpage.

BumpyC

Okay my statement now:

Facts and Sequence of events

3. It is admitted that on the material dates, I was the registered keeper and driver of the vehicle in question. It is known that this vehicle entered and left the car park at the stated times.

 

4. It is also known that whilst attending this car park, the car in question broke down, and was subsequently unable to move. The clutch was stuck down, and the defendant so spent a couple of minutes trying to unstick it before calling RAC to come out and look at it (see exhibit xx-01 (proof of breakdown)).

 

5. As clarified in Jopson V Homeguard by HHJ Harris, the issue of a minor vicissitude doesn’t necessitate parking (see exhibit xx-02 (whole transcript).

 

5. The parking sign on entry to the car park was not clearly readable as a driver, being that it is wordy and unclear, plus it is on the left side of the entrance as entering, and so it wasn’t immediately obvious that there was a timeframe for purchase of a car park ticket. In the case of Parking Eye V Beavis, it is set out that the brief, conspicuously yellow and black warning signs set a high bar in terms of how to display the contractual agreement for parking on private land, and in this case, the Claimant has failed to reach such standards (see exhibit xx-03 (pictures of parking eye sign vs excel sign)).

 

6. After calling breakdown and logging the incident, a parking ticket was purchased, and the full price of the stay was paid (See exhibit xx-04 (picture of parking ticket)).

 

7. As soon as the RAC had been, the car left the car park immediately.

 

8. Further information has recently come to light in the DLUHC’s draft IA, and it exposes that the template ‘debt chaser’ stage costs less than £9 (see exhibit xx-05 (whole draft IA or snippet?)), and this shows that HHJ Jackson was right all along in Excel V Wilkinson (see exhibit xx-06 (excel v Wilkinson transcript )).

 

9. Within DLUHCs upcoming new Parking (Code of Practice) Bill, it states there are circumstances which are exempt from parking charges, including a vehicle that has been driven onto controlled land due to an emergency which could not be avoided.

[Withdrawn] Private Parking Code of Practice - GOV.UK (www.gov.uk)

 

9. This claim is unmerited in the opinion of the Defendant, and the Claimant is urged to discontinue now to avoid incurring costs and wasting the courts time and that of the Defendant.

The only thing i'm not sure about is adding the whole draft IA or not? When i try to insert it into my document it messes with the formatting, but i could just print it off and add it separately?

Coupon-mad

But (unless I missed it) you haven't attached proof of your appeal and haven't said that the C knows the circumstances from your appeal, and should have cancelled, saving a complete waste of court time, etc.

Obviously you don't exhibit the whole draft IA and I answered that already!

BumpyC

Oh yes i forgot about that, my mind is spinning!

I added this at the end, and attached my initial appeal.

11. Upon receiving the PCN, the defendant did appeal the case and explained that a breakdown had happened, and the times at which a breakdown vehicle would have been seen entering the premises, which the claimant could have verified by checking their cameras (see exhibit xx-07).

 

12. Upon review of the facts, it is clear that this claim is unmerited in the opinion of the Defendant, and the Claimant is urged to discontinue now to avoid incurring costs and wasting the courts time and that of the Defendant.

Coupon-mad

Yes that is better.  The Judge will like that.

BumpyC

Perfect, thank you so much!

Now to print and send, hoorah!

BumpyC

Any advice for paying the court fee? 
I've tried to ring the number provided on different days at different times, and every time it rings for 45minutes and then cuts me off. 
Can i pay in person at the court? 
My deadline to pay is tomorrow 

Coupon-mad

Errrr... why are you wanting to pay the Claimant's hearing fee for them?

Obviously there's no fee for a defendant!  Otherwise why would people defend? That wouldn't be justice.

BumpyC

I missed the part where it said claimant... thank you haha!