NEED HELP BIGTIME

adamlfc

My elderly father got a parking charge a while ago now and i told him to ignore it and they will disappear.  Made a error of judgement as EURO PARKING SERVICES have it to court. 

At the first hearing the judge asked if i had sent any paperwork across to the court and claimant and i did not as i didn't read the court letters correct. So now there is a REHEARING on the 20th of February. I have till the 6th to send everything across. 

My elderly father parked in our local  supermarket which he uses daily for last 20 years.  And on this occasion he left the premises  to collect medicine and they have him pictured leaving car park and returning 4 minutes later and exiting carpark.  They have NO pictures of him entering so my father thinks maybe he shopped in supermarket and then left the carpark for few minutes but he cant be sure. 

He shop their all the time so we have plenty of receipts but none for that particular day. 

The signage isnt the best so i have taken photos and will submit them. 

The management of supermarket said they no longer have a contract with euro parking as they  had too many complaints from regular shoppers. 

I was close to giving up last night and paying the £266 fine on fathers behalf. But dont want to give up. 

I have till 6th feb to submit all paperwork i will use in defence. 

Do i write a defence letter for my father and attach all the pictures as part of my defence. 

If anyone can help me or advise me i will appreciate it alot and send a nice drink their way. 

adamlfc

On the original court documents i filled out i didn't really file a defence. I just said didn't receive any letters through the post until the fine was £166..i was busy with life and never read paperwork properly to be honest. 

The judge asked me to send any paperwork you will use in evidence to both the court and the claimant 14 days before date of hearing. 

Is it too late now to write out a long defence and send in photos etc? 

Johnersh

Ok this is a mess. Start with putting a copy of the particulars of claim and any court order on here.

If the order does not require a new defence, the o/p's father could shore up the position with a very good witness statement. Confusing signage alone may be good reason to get rid of this.

This needs to be taken seriously with work done to get your head round everything or you'll end up paying.  Remember even if the PCN does against you, there's still basis to attack silly enhanced costs and interest.

adamlfc

  
I have messed up so far i agree. Just not sure if right now at this stage i am allowed to write out a defence on dads behalf or instead just do a witness statement from myself pointing all the stuff i can to try get the charge cancelled or if i can get it back down to the £50 original charge and pay it off. 

I have till monday to send it off. 

I have contacted gladstone solicitors to offer them £100 to cancel the court as father is showing signs of Parkinson's and did not want him further stressed but gladstone refused they want the whole payment of £266 the leeches. 

Debszzzz2

Can you show a picture of the actual court order from the judge with just personal details redacted? Were you told to submit a defence and a witness statement?

You have until the 6th February to submit so you still have time.

What was the location of the alleged parking contravention?

Coupon-mad

This is indeed a mess.

We'll try to rescue Dad. I assume he is the named Defendant?

You need to do a Witness Statement for Dad to sign (assuming he is the Defendant) not a defence.

Example WS are in the second post if the NEWBIES thread where I also give you an a-f list of exhibits we suggest.

Copy and adapt one.  Takes a couple of hours. then show us that draft. Easier than you think once you grab one to copy.

adamlfc

Yep a big mess. So much so i was very close to paying it the other night. But i have a new lease of energy now. Il get on the witness statement and pop it on here soon as i can. 

At this late stage is it still worth doing a a few pages of defence for dad too. Or just stick to the witness statement and pop it all in their? 

adamlfc

Debszzzz2 said:

Can you show a picture of the actual court order from the judge with just personal details redacted? Were you told to submit a defence and a witness statement?

You have until the 6th February to submit so you still have time.

What was the location of the alleged parking contravention?

Location was birmingham. Its a supermarket dad been using for so many years.  I think they have cancelled the contract with euro parking now due to the xxxx theyve had their customers go through. 

Im gnna try and get a good witness statement and pop it off to both the court and the claimants. 

adamlfc

Debszzzz2 said:

Can you show a picture of the actual court order from the judge with just personal details redacted? Were you told to submit a defence and a witness statement?

You have until the 6th February to submit so you still have time.

What was the location of the alleged parking contravention?

I am not sure if this is what you asked for or not?

Debszzzz2

It is still not clear who the an actual named defendant is. Whose name is on the Claim form? Is it you or your dad? Any initial correspondence about this would have gone to the registered keeper (RK). In whose name is the V5C logbook of the vehicle. Is it in your or your dads name? 

You must understand that only the named defendants the claim form can defend the claim. It says on the claim form that they are pursuing the "driver". At any stage was the identity of the driver revealed? This is asked because the "driver" and the "registered keeper" are two separate entities in law.

There are a few possibilities that need clearing up...

1. Are you the RK and your dad was driving on the day?

2. Is your dad the RK and he was driving on the day?

Johnersh

Ok so the case went to a mediation and, presumably, didn't get resolved.

You have posted p1 of the order dated 24/1 but not any additional wording on the back of that.  The 24/1 order is the live one and the full order would probably be helpful to see 

You have posted both sides of the earlier dispute resolution order dated 12/12. I'm guessing that if a summary before that hearing was prepared no witness statement was.