Multiple FCNs from Napier Parking

imulsion

Hi guys, new update for you. I received a letter just now that is a Notice of Allocation to Small Claims Track (hearing). It's been allocated to Reading County Court unfortunately, with a preliminary date of the 29th of November. Two questions:

1. Does this mean a Judge has looked at my Defence and decided that the case shouldn't be struck out (thinking about my argument of Civil Enforcement Ltd. v Chan)?
2. I'm just about to move house. How do I notify the claimant and the court of my new address?

Thanks

KeithP

imulsion said:

I'm just about to move house. How do I notify the claimant and the court of my new address?

By writing to them.

Coupon-mad

It does mean a deputy Judge has given it a cursory glance. Doesn't mean Chan cannot be argued in your WS and at the hearing.

imulsion

Hi guys,

Starting to put together my witness statement now. The deadline is the 15th of November, 14 days before the hearing on the 29th. 

I've taken pictures of the car park showing the lack of signs (and it really is appalling, all there is at the entrance is a small sign with "Pay and Display", no terms and conditions or parking charge details. The actual sign listing the T&Cs is by the payment machines, hidden away in a corner behind parked cars). I will post my witness statement for review once it's done, but in the meantime:

1. To whom do I email it? The Claimant's solicitor of course, for which I will spam all available emails as I did for the Defence. Do I simply copy the Court directly? The email I have for this is enquiries.reading.countycourt@justice.gov.uk. The venue at which the court will sit for the hearing was changed to a different city, but I assume this has no bearing as to where I send the WS?

2. I have received a "response to defence" from the claimant's solicitor, which I didn't bother to type out in full here as it doesn't really address any of the arguments put forward in my defence. However, should I expect a WS from them before the deadline? This has not yet arrived.

Thanks

Coupon-mad

1. I'd ring the sitting court and check the correct WS bundle email address to use.

2.  Yes they have a deadline to do a WS, as do you.

Some recent WS that won include:

@Defendant911

@Harry77

@Milliered

HTH

imulsion

Hi @Coupon-mad

After reading through all the detailed witness statements by the users you referenced, something occurs to me. I received a letter dated 30th of July from BW which contained a "response to me defence" and copies of the PCNs/ANPR images. Does this count as a witness statement? I still haven't received anything with the words "witness statement" on it, and bearing in mind Milliered's situation I wonder whether they've forgotten to serve me with a proper witness statement. The deadline is this Friday the 15th. If I haven't received anything by then do I email the court like he did and explain that I haven't received a witness statement from them, or does the "response to defence" actually count?

Thanks for all your help

imulsion

Hi everyone

I've finished my witness statement - https://drive.google.com/file/d/1T3UZsG2ML2Vt6GoXZBo7v2vZnriZQUeX/view?usp=drive_link

@Coupon-mad please have a skim through and check my post above if you haven't already. Any feedback much appreciated as I would like to submit to the court tomorrow

Cheers

Coupon-mad

A reply to defence isn't their WS.

That is still to come.

I think that's a very good Witness Statement.

Where you talk about no entrance sign t&cs info, you could add a link to the Guidance re the CPUTRS 2008 (amended in 2024 to add remedies and consumer redress rights) and draw attention to the example about car park entrance signs:

https://assets.publishing.service.gov.uk/media/5a74d389e5274a3cb28677f4/oft1008.pdf

It's in the section about misleading omissions.

1505grandad

"8. Parking Notice: The Claimant pursues a claim for non-payment of parking charges."

Just checking  -  should the above be stated as the WS includes the PoC deficient cases?

imulsion

@Coupon-mad
Excellent, thank you. I will add in that info

@1505grandad
It's an interesting point and one that I thought over myself while writing. I know it's for non-payment of charges because that was what was on the notice to keeper, however this precise point is raised in Akande (para 11) and the Judge is very clear: just because the nature of the breach is set out in pre-action does not mean the requirements of CPR can be ignored. On that basis I thought it would be OK to say what the breach was, however I'd be interested in everyone's opinion as to whether that ought to be rephrased