PCM UK LTD / MOORSIDE LEGAL CLAIM

Coupon-mad

Recent good WS (may not all be like your case but one will be. Read these threads:

aza123 is recent & has Chan & Akande

Kpmp54 is recent & has Chan & Akande and also Smith, Edward & Wilkinson

mtrolley123 has Mazur.

maxim024 has Mazur.

Le_Kirk

These are regularly held up as good examples for format and style - obviously content is as per YOUR defence and situation: -

@maxim024 and @aza123

@aza123 includes Chan & Akande

MrTottenham123

Thanks both! Work systems are down this morning so I've got some time now to sit and read through these and get a start on mine. Hopeful to get these sent out this evening. 

Am I still also sending a copy to the claimants (and judge of course) despite them not even bothering to send me a copy of their WS / evidence? 

MrTottenham123

Also with some of these WS' I'm seeing a lot of users going into detail as to why they were parked in that location and then adding in some concerns in regards to poor lighting and/or signage and then obviously the Chan & Akande case law. 

However with my defence one of the main focuses was on the awful POC and how I could not determine which incident occured for a matter over 3 years ago. But if I now start advising in POC that this is why I was parked in that location, lack of signage in the area does this not then contradict what was (or wasn't) put in my defence? 

I don't want the judge to think well he couldn't understand what incident it was with the awful POC but a couple of months later he now knows the full reasoning why he was there etc.

Coupon-mad

You can certainly state that the POC are so poor and it's so long ago that there are insufficient facts, no evidence has been supplied at pre-action stage and there are also no actual POC allegations to respond to. 

Gr1pr

MrTottenham123 said:

Am I still also sending a copy to the claimants (and judge of course) despite them not even bothering to send me a copy of their WS / evidence? 

Yes, to the lawyers involved, Moorside   ?   ( or claimant if no lawyers are involved   ) plus to the civil court,  usually it's one email,  one attachment,  2 destinations 

MrTottenham123

Coupon-mad said:

You can certainly state that the POC are so poor and it's so long ago that there are insufficient facts, no evidence has been supplied at pre-action stage and there are also no actual POC allegations to respond to. 

Yeah I’m going to focus on this, because how can I physically respond with the lack of info they’ve given for an incident 3+ years ago. That includes the woeful POC & the lack of evidence provided at pre action.

Thanks both! I will get a draft copy done this weekend and posted for a check over 

MrTottenham123

Morning all, got two questions regarding my WS which is super late as mentioned. Just finishing off some touches and needed to confirm before finalising.

Ive read the letter from the judge again which states to clear points here:

“6) each party must deliver to the other party and the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm 15th July 

12) the judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and court in accordance with the paragraphs above” 

Obviously this does apply to me because I’ve missed the deadline but if I’m assuming the claimants have submitted theirs to the judge, then they have not submitted a copy of it to myself. So I’m at a point where I’ve received a vague POC and now no copy of their WS/evidence for incident 3 years ago. Is this something I can mention and not include any info as to why I was parked there (from what i can remember) because they’re not giving me any of that info? 

Then secondly, should I mention that I tried to settle the matter with the first debt collectors (stupidly before I knew about this forum) a couple of months after the incident when I was back in employment. Or would that be seen as an admission of liability? It was just an offer of £60 to settle the reduced fine when they kept spamming me with letters and emails. 

Coupon-mad

Do not talk about offering to settle.

DO MENTION THIS:

I’m assuming the claimants have submitted theirs to the judge, then they have not submitted a copy of it to myself. So I’m at a point where I’ve received a vague POC and now no copy of their WS/evidence for incident 3 years ago. Is this something I can mention.

MrTottenham123

That’s great! I’ll get this finalised later today and a draft posted in the thread.

Is it worth while going to the location to take some pictures of evidence. Or is this pointless seeing as I don’t know the alleged breaches due to their vagueness.