Private PCN

Lakoko

Dear all,

I received a PCN from UKPC on the 14 June 2023 through post. Alleging that I parked on private property. Asking for £100 but with a discount to pay £60 within 14 days of the letter. I ignored the letter. Thereafter sent numerous letters which i ignored as well. Then receive letters from GCTT, ZZPS, and DCB legal all of which i ignored.

Then on the 21 November 2023, I received a claim form from CNBC. I responded to the claim form after reading advice from this website with my defence and disputing the claim. I also complete the direction questionnaire asking for a face to face court session in London. The case was then transferred to a London county court. The court has now send me the N157 notice of allocation with a court date of 23 August 2024 unless the claimant (UKPC) fails to pay £27 fee to continue the claim.

Just in case the claimant want to continue the claim, please i need advice on 
1. what type of documents to rely on during the hearing that i need to send to the claimant 14 days before hearing.
2. How do I write my defence. There are no witnesses.

Please help and advice.

LDast

It looks like you have followed all the steps required to this point. Assuming you used the template defence, your WS only needs to expand on that defence. Without knowing the details of your case, it is difficult to expand on it at this stage.

However, I would bet that as you have followed all the steps and used the template defence, you will not need to send you WS as they will almost certainly discontinue before the hearing. That does not mean that you should not prepare a WS beforehand, even if it is only to gain some experience in doing so.

The Newbies/FAQ thread does explain what is required in your WS and provides links to some exemplar ones from which you can adapt as necessary. Your defence has already been submitted and you only need to state in your WS that your defence is repeated.

If you need further advice, it may be worthwhile explaining the circumstances of the claim, show us the PoC,  if you used the template defence, show us just the bits that you edited/added.

Coupon-mad

You aren't writing a defence.

Please go back to re-read the 2nd post of the NEWBIES FAQS thread (which doesn't stop at the defence stage done by you in 2023).

We'll help review your WS when you put it together & show us. YOU ARE THE WITNESS. What's your WS deadline? 

Lakoko

Thanks please see my POC below

Lakoko

Part of the defence template edited for my purpose
The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case is being pursued. The POC are entirely inadequate, in that they fail to particularise: (a) the contractual term(s) relied upon; (b) the full details of any alleged breach of contract (c) how many 'PCNs' are being pursued in this claim, exactly when the alleged conduct occurred (dates and times) and how much each of these charges were. The facts known to the Defendant: 5. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised, and it is admitted that the Defendant was the registered keeper and driver. 6. The Defendant had gone to pick her daughter in a primary school (Advance Education) which was part of the complex that have access and use of the car park where the Defendant parked the car. 7. The Defendant denies parking on yellow lines or in hatched area. Rather, the Defendant parked beside yellow lines and the Defendant did not park on or in any hatched area. In addition, the presence of the yellow lines where the Defendant parked is evidence that the Defendant thought that this section of the highway was a public highway because there is no traffic regulations, byelaws, and traffic orders regulating or enforcing double yellow lines on private roads or land. So, this is another confusion and the Defendant thought he was parking on a public highway. 8. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form. The fact that generic wording appears to have been applied has obstructed any semblance of clarity. The Defendant trusts that the court will agree that a claim pleaded in such generic terms lacks the required details and would have required proper particularisation which the Claimant has failed to provide. 9. The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgement to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant POC seen here are far worse than the one seen on Appeal). The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind. Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction. By continuing to plead cases with generic Claim No. K4KF0Y3N auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based on the following persuasive authority. 10. Similarly, at the Wakefield County Court on 8th September 2023, District Judge Robinson considered mirror image POC in claim K3GF9183 (Parallel Parking v anon) and struck the Claim out without a hearing. See below

Lakoko

Please need your help by providing direct link to the Witness Statement Template.

Le_Kirk

Lakoko said:

Please need your help by providing direct link to the Witness Statement Template(s).

Just go to the NEWBIE sticky, second post and scroll down to the section dealing with witness statements.  For anyone to provide a link they would have to do the same as you and as I have said.

LDast

Just to clarify, because you have shown us a wall of text as what you submitted as your defence... did you submit your defence using the MCOL page or did you send it as a PDF attachment in an email?

Lakoko

I sent it as a PDF attachment in an email and also sent it by post.

Lakoko

Thanks Le_Kirk, I have tried all possible means, there is overwhelming materials on the site and I can still not find the WS template. I will appreciate a direct link to the template like the defence template. So that I can start the ball rolling please.

KeithP

Lakoko said:

...I can still not find the WS template.

There is no witness statement template.

There are however, five sample Witness Statements linked from the second post of the NEWBIES thread.
They are cunningly hidden under this subheading...