Claim Form Received from UK Car Management Limited

mebobby

When referring to case law and including exhibits, am I permitted to provide links to the full judgments, or must I include the entire judgment text as part of my WS bundle because if I do I will soon go over 50 pages.

Additionally, could someone kindly direct me to the full case law referenced?

Thank you in advance

mebobby

is this still too long for the conclusion: 
The Particulars of claim falls short of the requirements under CPR 16.4 and Practice Direction 16.

The claimant has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) by not providing a valid Notice to Keeper (NtK).

The claimant acknowledges in their Witness Statement that a Parking Charge Notice (PCN) was not issued on the alleged date of contravention, undermining the basis of the claim. 

The Claimant’s Witness Statement, signed by Deanne Never's of Gladstones Solicitors, does not comply with CPR 32.4 and PD32. 

The Claimant is put to strict proof of their legal standing to bring the claim, including evidence of a valid and current agreement with the landowner.

In light of these substantial deficiencies including non-compliance with POFA, lack of a valid contract, lack of landowner authority, and procedural inconsistencies I respectfully request that the Court strike out this claim in its entirety.

Coupon-mad

I doubt UKCPM didn't comply with POFA?

mebobby

I got that from another WS should I take that bit out?

Coupon-mad

 None of it seems relevant to your case.

mebobby

I'm a bit confused. Previously, I was advised to shorten the conclusion, which I have now done. However, I'm now being told that it doesn't seem relevant to my case. Does this mean the conclusion is entirely incorrect, or are there just parts of it that need to be amended? I will remove the POFA reference from both the conclusion and the Witness Statement.

Le_Kirk

The conclusion (of anything, not just a witness statement) should be a summation of points already raised in the main document along with the forceful point(s) you want to make in two or three words or bullet point.  It should be used to point the judge to the most important factors and why it/they are important.

Gr1pr

Get the WS to match your case   ( dont just blindly copy stuff,  double check that it's relevant   )

The concise conclusion will then sum up the case,  ideally pointing out the magic bullets for dismissal 

But a conclusion should not be based on fictional or irrelevant points,  especially if they are not true

If their case was that you went into Asda in Newcastle UK and robbed the safe on 1st July 2024, your defence plea is not guilty, it wasn't me,  your Witness statement says that you flew to Japan on 28th June 2024  ( with proof of airline ticket   ) and were staying in the Hilton in Tokyo ( with proof of Hotel booking  ) until you flew back on 12th July 2024

Conclusion,  they accused the wrong person,  your honour   !  The case should be dismissed and the defendant acquitted  !

Car1980

mebobby said:

When referring to case law and including exhibits, am I permitted to provide links to the full judgments, or must I include the entire judgment text as part of my WS bundle because if I do I will soon go over 50 pages.

Additionally, could someone kindly direct me to the full case law referenced?

Thank you in advance

Links are fine. But make sure they are clickable working links in the PDF.

mebobby

Apart from the POFA bit which I was unsure about the rest of the stuff above in the conclusion is relevant. The Claimant has merely provided an Audit form which does not prove that they have a legal standing to bring the claim. It is also signed by someone who is not directly involved and the poc of claim are vague and merely state that there is a breach of the signs and does not specify the actual breach.