*UPDATE* Court date received, NCP Moorside court claim received.

sammyb1996

Johnersh said:

I agree that all defences should include some facts about the parking event or risk exactly this outcome.

@Kaizen2024 One must agree that the pre-action protocols should narrow issues in dispute. That's what makes it odd that PPCs are generally unwilling to disclose contract information or photos at that stage, when they are so easily provided after litigation has commenced in electronic format.

@kryten3000 is correct that cases which are inadequately pleaded are likely to lead to more generic defences, since the claimant case doesn't become clear till witness statement stage. Many are unwilling to trim down argument that *could* be relevant. Even then, at witness stage, most of those are legal argument not factual statement at all. 

Any road. We are where we are. D will hopefully supply a further defence and on we go.

Hello, Johnersh,

just wondering if you could take a look at a similar issue I am facing on this thread here,

https://forums.moneysavingexpert.com/discussion/6615535/template-defence-from-newbies-thread-not-worked#latest

I’ve looked at your template in another comment above and just wondering if that’s still relevant to my case if you believe so?

Char27

Hello, sorry for the lack of update I’ve been out of the UK with work. 

Anyway I wrote a new defence I wrote it honestly and now I have a court date of end of Sept. 

Parking firm have been asked to be heard on the papers and are not sending an advocate. 

I shall be there and will hopefully get chance to explain that I didn’t wilfully not pay I tapped my card on entry and on exit no inclination that payment hadn’t gone through. No barrier to prevent you from leaving. 

I used my company card so it wasn’t going to affect me for paying besides that it was £2.50 hardly daylight robbery. 

I’m hoping the Judge is decent, parking firm are also asking for £200 advocate fees, given there’s no advocate I don’t see how they can but we shall see. 

Fingers crossed! 

Gr1pr

They may send an advocate,  never assume that nobody will turn up, it's entirely down to the parking company 

Moorside Legal wont be there,  they probably said so, and neither will NCP

You do realise that you have to submit your Witness Statement plus Exhibits bundle before the court imposed deadline to the court and to the lawyers   ( or to the claimant parking company if no lawyers used  )

Your explanation above, suitably fleshed out etc, should be in your WS

Its not a case of just rocking up and explaining,  unless asked to do so in court 

Char27

I’ve missed the deadline for witness statement etc I was again away with work. If I lose I lose I pay up and that’s that no ccj at least. I can’t get myself bent out of shape about this it’s been stressful enough having to organise myself to be at home for this. 

As the claimants letter stated to the court they will not be sending anyone so I’m assuming they can’t change that given they too had a deadline to pay the court fee and send their defence. They had until 4pm and I got my email at 15:59. B*astards. 

But we are where we are and I hope the beak is having a good day. 

Castle

Char27 said:

I’ve missed the deadline for witness statement etc I was again away with work. If I lose I lose I pay up and that’s that no ccj at least. I can’t get myself bent out of shape about this it’s been stressful enough having to organise myself to be at home for this. 

As the claimants letter stated to the court they will not be sending anyone so I’m assuming they can’t change that given they too had a deadline to pay the court fee and send their defence. They had until 4pm and I got my email at 15:59. B*astards. 

But we are where we are and I hope the beak is having a good day. 

Have they paid the hearing fee and have they sent you their WS?

Char27

Castle said:

Char27 said:

I’ve missed the deadline for witness statement etc I was again away with work. If I lose I lose I pay up and that’s that no ccj at least. I can’t get myself bent out of shape about this it’s been stressful enough having to organise myself to be at home for this. 

As the claimants letter stated to the court they will not be sending anyone so I’m assuming they can’t change that given they too had a deadline to pay the court fee and send their defence. They had until 4pm and I got my email at 15:59. B*astards. 

But we are where we are and I hope the beak is having a good day. 

Have they paid the hearing fee and have they sent you their WS?

Yes sent one min before the deadline. Canny sods. 

Gr1pr

Email your WS , regardless,  to court and to the lawyers,  better late than never 

They probably stated that the claimant NCP and Moorside Legal aren't attending,  but are likely to send the advocate which is why they try to claim the advocate fee

Just get it done   !  And assume that an advocate WILL attend

Char27

This is what they wrote, so they can still send an advocate? I’m also led to believe it’s a job lot so it won’t be just me unless there’s no others with parking ‘fines’ on that day with that company. 

My husband went to court for one no one turned up so the judge threw it out. 

I’ve been really stressed about this, about having to speak to a judge I’m nervous as hell about it so at this point fine me don’t fine me just get it done with. 

Snippet of their email 

Claimant's notice of non-attendance

We kindly request that the Courtdecide the outcome of the Claim in the Claimant’s absence in the interest of proportionality and to save incurring further costs. No disrespect is intended to the Court or the Defendant. 

Please accept this letter as the Claimant’s notice of non-attendance sent in accordance with Civil Procedure Rules (“CPR”) 27.9. We kindly request that the Court consider the said Witness Statement in lieu of attendance.

Gr1pr

Yep, the claimant is NCP, so NCP are not attending,  but may well send an advocate, that is up to NCP, so Moorside Legal covered the bases by informing the court of their client, the  Claimant's, none attendance,  which happens in maybe 90% of cases

Moorside Legal wont be attending either

I stand by what I said,  and repeat it 


Email your WS , regardless,  to court and to the lawyers MoorsideLegal,  better late than never 

They probably stated that the claimant NCP and Moorside Legal aren't attending,  but are likely to send the advocate which is why they try to claim the advocate fee

Just get it done   !  And assume that an advocate WILL attend

Coupon-mad

It's not a case of 'we are where we are'. You must rescue the situation again by supplying a WS. You can say you were abroad/working if true.

You won't be able to speak as a witness AT ALL if you fail to send a WS. Only a WS who has supplied a signed WS should speak.

Some judges are sticklers for that. Bear in mind you've already been sanctioned by the court once and your judge will see that.

YOU MUST GET A WS IN THIS WEEK.

Do it tonight. Email it to the local court & Moorside (same emails as Moorside used).

For inspiration re similar cases where people were adamant they had used machines properly (and they all won in front of judges) read the court outcomes reported by

@flowercuppatea
and @babtunde345
and @Lemonhead39 

One or all of their threads will also include their WS for you to copy & adapt tonight!

Easy... but vital.