PCM Moorside court claim received (Merged)

Coupon-mad

You do realise:

- your FIRST POINT is the Chan & Akande argument (the claim fails Part 16 so under the Civil Procedure Rules, it MUST be struck out) which you MUST read and understand and raise as a preliminary matter.

That means BEFORE even letting the rep speak about the Claimant's case. Tell the judge you have a 'preliminary matter' to raise. Point them to the two persuasive appeal judgments of Chan & Akande. Have printed copies of both judgments in your hand.

- If the judge disagrees with that, let the hearing proceed (Claimant's rep speaks first) then you can say that "picking up passengers isn't parking". That's a fact of parking law. You can even legitimately pick up or set down passengers on council double yellows.

This is NOT and never has been 'parking':

I went to collect my father from the train station.  There is a small layby area behind, which has a Tesco Express etc, which only allows parking in specified bays.  I went into it, realised there was no parking, and did a 3 point turn to get out.  As I completed the turn, my father appeared and he got in the car.  I then proceeded to notice a parking attendant taking a picture of the car, and I drove off.
This literally occurred in the space of 1 minute or less.

That is your main defence.

Even the Government agrees in their definition of a parking period in the Statutory Code which is currently revived and at public consultation stage. Did you look at the definition of a parking period according to the Government? LOOK WHAT IT EXCLUDES! Show the Judge.

Sounds like you need to re-read your defence and WS and be more familiar with the main arguments in your defence. Nobody here is saying you have to be a legal eagle but you can't just rock up not knowing what to say when. You MUST know your case arguments. Do a bullet point 'crib sheet' to focus yourself.

Also say that you didn't see any signs because you weren't parked.

Take printed copies of their and your WS and exhibits. And your defence AND take the claim form (as that is the crux of their initial pleading that fails Part 16). They can't rescue an improperly pleaded claim by adding more detail in their WS!

Get a receipt for the printing.

Ask for your costs for that and attending.

Gr1pr

befree16 said:

Le_Kirk said:

befree16 said:

Could anyone give me a heads up as to what I need prepped when going in?  Do I need to know the cases used in my defence and WS quite thoroughly?  Will I be questioned on these?

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if/when, you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.

flowercuppatea used this advice and WON

https://forums.moneysavingexpert.com/discussion/comment/81580928/#Comment_81580928

I just read the post by flowercuppatea.  Whilst they reiterate to do your homework, their case was completely different to mine, and was obvious they would win.

I am wondering how solid mine is based on the face Moorside have decided to pursue it until the end.  I guess this is second guessing coming into play.  At the end of the day, it was a no parking area (albeit signage was not seen by me and highlighted as possibly poorly visible by parked cars and pedestrians as an exhibit), and although I wasn't parked, they have a pic of someone getting into my car.  

And I hope the judge does not ask me too many questions.  I am no legal scholar!

I will focus on a main few arguments of mine but do not think I can have everything full understood/able to answer.

Also, is it possible to bring new factors into the hearing, which weren't necessarily included in my witness statement?  

Thanks

No 2 cases are the same,  but it's better to understand a few others and what happened,  which should assist you with your own, I live and learn daily by studying these various cases

Judges don't expect a Litigant in Person to be a scholar,  just listen and only speak when you have to,  but do understand your main arguments like CM says above 

You cannot introduce new evidence,  but you can focus on the submissions and exhibits already entered

Sometimes people put in a supplementary WS etc, but the judge could disallow it,  deadlines are deadlines 

Don't overthink this,  but do understand your main defence,  main case points