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CCJ claim, new evidence from claimant 2 weeks from trial

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  • Shauna_Ellen
    Shauna_Ellen Posts: 24 Forumite
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    KeithP wrote: »
    Your thread title says:

    Your opening post says:

    Two days, or two weeks? Which is it?

    Sorry! I think I'm a bit stressed! Its *nearly* two weeks - 28th.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Thank goodness, you're not even that late then. This can be written over the weekend.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Shauna_Ellen
    Shauna_Ellen Posts: 24 Forumite
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    Coupon-mad wrote: »
    You've missed the point, the £60 I am talking about IS the costs added on top, NOT the initial discount. This argument has nothing to do with the initial bribe charge.

    I am sure you will get it when you read CEC16's recent updates and court report.

    When is your hearing, you may have more time to rescue this than we realised.

    I'm sure I've missed a lot of points tbh - but yes I'll make sure I do understand.

    The hearing is on 28th - sorry about the confusion.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 7 August 2020 at 1:25PM
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    Read CEC16's thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    Shauna_Ellen wrote: »
    Sorry! I think I'm a bit stressed! Its *nearly* two weeks - 28th.

    Usually a WS is required to be submitted 14 days prior to the hearing. You're not that far off. Get one completed and typed out this weekend. Deliver it to the court on Monday in a neat paginated ring binder and send a copy first class (with free certificate of posting from your PO counter) to Gs.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Shauna_Ellen
    Shauna_Ellen Posts: 24 Forumite
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    Coupon-mad wrote: »
    Thank goodness, you're not even that late then. This can be written over the weekend.

    :)

    Oh, good, thank you - and for all of your help. I'm feeling like quite the dimwit. lIke many I suppose I hoped it would go away.

    I'll read the case/thread you signposted me to - I've only had a very quick skim so far. Then I'll draft the statement.

    I have to admit I'm about ready to just pay up and make it go away. My husband simply didn't see any signs - it was night time, they were not lit (and most of them were round the other side of the shop it seems from the plan they have just sent us). There was free parking nearby directly on a public road which he would have gone to if he had seen the signs.

    However, none of the letters or the particulars (until the witness statement and photos we received this morning) said what the signs said or what he was said to have signed up to. We even drove back there when we got the first letter to have a look, but the shop had changed to a gym and all the signs there related to the parking being for the new gym users so that didn't help us much either.

    We assumed he had overstayed by some amount of time, but he was only there for 45 minutes so we thought it must be a mistake. Now we see that it was private property signs, stating a valid permit must be clearly displayed, with some smaller print referring to a parking charge of £100 if you breach terms and conditions.

    They have sent us a map with the signs marked on them. He only drove past one of them. The photo they have of the car parked there shows one of the signs some way behind it - but its completely dark and unlit so it sort of makes the point that they weren't really visible.

    So, should I just pay up and save us time, or should I do the witness statement and keep my fingers crossed that it goes ok on the day. Their claim when they filed it was for £248.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 7 August 2020 at 1:29PM
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    I have to admit I'm about ready to just pay up and make it go away.
    Nooo, this is worth your time! You can do this, I'm certain.
    So, should I just pay up and save us time,
    EEEK NONONONO!! THE WS AND EVIDENCE IS SO SIMPLE TO PUT TOGETHER...

    it was night time, they were not lit (and most of them were round the other side of the shop it seems from the plan they have just sent us)
    Does their 'evidence' pack have the photos in daylight...?

    Shame you say the signs have changed so you can't get photos in the dark tonight! I was about to suggest you head out in the pitch black for proper photo evidence. What does Google StreetView show you when you change the date using the little arrow in the thumbnail image top left? Any good photos?

    What about their evidence pack. Scan it and show us the signs, landowner authority (please) and the attached evidence.

    But is it UKCPM, with a WS signed by Jack someone?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Shauna_Ellen
    Shauna_Ellen Posts: 24 Forumite
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    Umkomaas wrote: »
    Usually a WS is required to be submitted 14 days prior to the hearing. You're not that far off. Get one completed and typed out this weekend. Deliver it to the court on Monday in a neat paginated ring binder and send a copy first class (with free certificate of posting from your PO counter) to Gs.

    OK thank you.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    … It's not so much the £60 we care about, it's the other £200 they have added in fees on top.

    Have you read this?

    https://forums.moneysavingexpert.com/showthread.php?t=6014081

    [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, and Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    [/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.    [/FONT]
    You never know how far you can go until you go too far.
  • Shauna_Ellen
    Shauna_Ellen Posts: 24 Forumite
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    Coupon-mad wrote: »
    Nooo, this is worth your time to beat a £250 scam. You can do this, I'm certain.

    EEEK NONONONO!! THE WS AND EVIDENCE IS SO SIMPLE TO PUT TOGETHER...


    Bet their useless 'evidence' pack has the photos in daylight, as per usual...

    Shame you say the signs have changed so you can't get photos in the dark tonight! I was about to suggest you head out in the pitch black for proper photo evidence.

    What does Google StreetView show you when you change the date using the little arrow in the thumbnail image top left? Any good photos?

    What about their evidence pack. Scan it and show us the signs, landowner authority (please) and the attached rubbish evidence (we do NOT need to read their standard WS blurb as it's template dross we've seen before - load of waffle).

    But is it UKCPM, with a WS signed by Jack someone?

    Yes its UKCPM with a statement by Jack Chapman

    I've spent an entertaining 20 minutes on Google streetview - thanks for the tip. 2 relevant images:
    1. July 2017 (5 months before we parked there), shows that the dark sign behind my husbands car is actually an advert for the furniture barn, not a parking notice! However, moving it around there is one single smallish parking sign at the entry to the car park. its under a tree. It also shows lots of the free on road parking.
    2. August 2018 (7 months after he parked there), the sign by the entry to the car park is now scraped off / blank. The gym hasn't arrived by this point so there are no new signs.

    I'll go and do some scanning. Thanks again for all the support - I really do appreciate it.
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