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Terms reached: Parked & left site.

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Comments

  • Coupon-mad
    Coupon-mad Posts: 156,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All normal - see the 8 steps in the Template Defence thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,949 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 September at 2:49PM
    I guess I stay patient as it looks like they want this to go to court. Any thoughts?
    It won't get to court. Read the DCB Legal Discontinuance thread. Why do you think your case will be different?  I predict a discontinuance will soon be on its way!

    https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Car1980
    Car1980 Posts: 2,262 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Well they are never discontinue before mediation. Why would they when a percentage of victims will pay at that point.
  • Pfazer69
    Pfazer69 Posts: 44 Forumite
    Third Anniversary 10 Posts Name Dropper
    Post mediation call. I have received a "Notice of Allocation Small Claims Track (Hearing)" letter from my preferred local court. It mentions both parties must submit witness statements by the end of the month but this isn't really relevant to me. The claimant is also asked to file various pieces of evidence:

    a/ A copy of written terms of contract.
    b/ A copy of the Claimant agreement with the Land owner.
    c/ Location of contract,
    d/ Photo evidence.

    e/ Details of the breach of contract.
    f/ How the debt was calculated.

    I am still clueless as to the photo evidence aspect for - "the defendant parked and left site" as they merely sent me a PCN letter with two photos of my car 10 seconds apart??? No video clip or screen shots of me leaving site.

    I have now also received an email from the G24 dropping the fine from £263 down to £100 and quote:
    • Upon receipt of the settlement sum of £100.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal. 
    This leads me to believe they know they will struggle to take it to court and be successful.
    Am I correct and should I stay resolute and stick to my guns now I've come so far. 

  • ChirpyChicken
    ChirpyChicken Posts: 2,364 Forumite
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    Correct ignore 
  • Le_Kirk
    Le_Kirk Posts: 25,413 Forumite
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    Pfazer69 said:
    Post mediation call. I have received a "Notice of Allocation Small Claims Track (Hearing)" letter from my preferred local court. It mentions both parties must submit witness statements by the end of the month but this isn't really relevant to me. The claimant is also asked to file various pieces of evidence:
    Why do you think that, are you going to turn up at court without a witness statement, what will the judge rely on as your case and your evidence to support your defence?
  • Umkomaas
    Umkomaas Posts: 43,949 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 November at 2:02PM
    Le_Kirk said:
    Pfazer69 said:
    Post mediation call. I have received a "Notice of Allocation Small Claims Track (Hearing)" letter from my preferred local court. It mentions both parties must submit witness statements by the end of the month but this isn't really relevant to me. The claimant is also asked to file various pieces of evidence:
    Why do you think that, are you going to turn up at court without a witness statement, what will the judge rely on as your case and your evidence to support your defence?
    I haven't read right back through the thread, but if this is a standard private parking charge court claim, I agree with you @Le_Kirk.  Getting the WS in can often provide the trigger for the discontinuance process to accelerate. 

    @Pfazer69 - why do you think a WS from you isn't relevant? Apols if I've overlooked something fundamental that supports your presumption. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Pfazer69
    Pfazer69 Posts: 44 Forumite
    Third Anniversary 10 Posts Name Dropper
    Umkomaas said:
    Le_Kirk said:
    Pfazer69 said:
    Post mediation call. I have received a "Notice of Allocation Small Claims Track (Hearing)" letter from my preferred local court. It mentions both parties must submit witness statements by the end of the month but this isn't really relevant to me. The claimant is also asked to file various pieces of evidence:
    Why do you think that, are you going to turn up at court without a witness statement, what will the judge rely on as your case and your evidence to support your defence?
    I haven't read right back through the thread, but if this is a standard private parking charge court claim, I agree with you @Le_Kirk.  Getting the WS in can often provide the trigger for the discontinuance process to accelerate. 

    @Pfazer69 - why do you think a WS from you isn't relevant? Apols if I've overlooked something fundamental that supports your presumption. 
    There are no witnesses from my end... I guess the court want the claimant to divulge whether they have any witnesses.
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