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  • FIRST POST
    • Akumo
    • By Akumo 20th Apr 16, 6:58 PM
    • 80Posts
    • 17Thanks
    Akumo
    PCN from CPM
    • #1
    • 20th Apr 16, 6:58 PM
    PCN from CPM 20th Apr 16 at 6:58 PM
    Hi

    I know you guys have helped me out once before and I'm hoping you'll kindly help me out again.

    On the 18th of February I got another parking ticket, this time for loading/unloading my car, in the same place as I got my previous PCN.

    Anyway I wrote a letter asking for the PCN to be cancelled, I did not hear back from them for sometime.

    So I sent the envelope recorded delivery but for some reason hadn't included the letter within it and did not realise this until much later, I know this was a stupid thing to do, letter was dated 2nd March.

    Is their any point in taking this any further or should I just pay the fine as I've just received the formal demand.

    Thanks in advance

    Akumo
Page 4
    • claxtome
    • By claxtome 4th Jan 18, 10:45 PM
    • 577 Posts
    • 680 Thanks
    claxtome
    So presumably I now need to set the correct formatting save as PDF and send as an email to ???
    Will have to find the email address...
    When everyone has finished with comments.....
    Ensure the PDF shows your signature (means you need access to a scanner).
    Email to ccbcaq@hmcts.gsi.gov.uk
    Last edited by claxtome; 04-01-2018 at 10:48 PM.
    • Akumo
    • By Akumo 4th Jan 18, 10:47 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Thank you KeithP

    So if I reword it to:

    5. The Tenancy Agreement is the legal basis upon which the Defendant occupied the property. Within this there is no statement which relates to the subject of parking, and the Defendant relies upon this contract as having primacy of contract over any purported contractual terms asserted by the Claimant's signage.
    • Akumo
    • By Akumo 4th Jan 18, 10:54 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Thank you once again Claxtome, so I can send the email with attachment to arrive by 16:00 tmorrow then.
    • KeithP
    • By KeithP 4th Jan 18, 11:00 PM
    • 7,720 Posts
    • 7,469 Thanks
    KeithP
    Thank you KeithP

    So if I reword it to:

    5. The Tenancy Agreement is the legal basis upon which the Defendant occupied the property. Within this there is no statement which relates to the subject of parking, and the Defendant relies upon this contract as having primacy of contract over any purported contractual terms asserted by the Claimant's signage.
    Originally posted by Akumo
    Yes, that's fine.
    .
    • claxtome
    • By claxtome 4th Jan 18, 11:10 PM
    • 577 Posts
    • 680 Thanks
    claxtome
    Thank you once again Claxtome, so I can send the email with attachment to arrive by 16:00 tmorrow then.
    Yes just send like any other email. You should get a confirmation email straight away I seem to remember.
    Suggest you also copy yourself in the email so you have further proof
    • Akumo
    • By Akumo 4th Feb 18, 11:58 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Hi

    Thank you for all your help so far. I have almost completed the N180 form, I have two boxes left to complete, both on the first page, the first one is titled 'In the' and the second one is titled 'To be completed by or on behalf of,'.
    I am guessing that the 'In the' box is the name of the county court, would that be the name of Northampton county court, the county court closest to me or simply 'County Court'?
    In the other box do I put the word defendant my name and address or something else?
    The form was not provided and I had to download from the website.

    I have read the newbies thread and seen the advice given this is why I have been able to complete the rest of the form.

    Thanks in advance for your help.

    All the best Akumo
    • nosferatu1001
    • By nosferatu1001 5th Feb 18, 1:52 PM
    • 2,765 Posts
    • 3,442 Thanks
    nosferatu1001
    Court nearest you
    Northmanpton CCBC isn!!!8217;t a court, just an admin centre.

    You dint fill out the top. That!!!8217;s normally filled for you. You could make it clear you are the defendant.
    • Akumo
    • By Akumo 29th Apr 18, 10:48 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Hi so I comnpleted the form and now have a court appearance in June at Horsham.

    Now need to sort out my defence.

    Regards

    Akumo
    • Coupon-mad
    • By Coupon-mad 29th Apr 18, 11:44 PM
    • 58,549 Posts
    • 72,059 Thanks
    Coupon-mad
    Nope, you did a defence ages ago. Now you need to sort out your WS and evidence.

    Sounds like you need to revisit post #2 of the NEWBIES thread to see what to do.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Akumo
    • By Akumo 30th Apr 18, 3:07 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Hi Coupon mad, thank you, yes a witness statement with evidence.

    Presumably all I need to provide is evidence showing the car parking spaces being inadequate to fully open the doors of my car making it impossible to load/unload the car with bulky items, and a copy of the tenancy agreements of where I was living (my ex partner is still living there) along with a tenancy agreement for where I am currently living.

    Plus a copy of Jopson/Homeguard which has set precedent for this type of case.

    All the above should be attached to a letter headed by the following (with of course details pertinent to myself):
    "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows".

    Regards and thanks

    Akumo
    • Akumo
    • By Akumo 3rd May 18, 10:53 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Hi

    Before I send my witness statement off this weekend, is there anything else I need to or ought to include?

    I note that IAS has been mentioned as not being impertial should I include this in my WS?

    Regards

    Akumo
    • KeithP
    • By KeithP 3rd May 18, 11:01 PM
    • 7,720 Posts
    • 7,469 Thanks
    KeithP
    Feel free to post your Witness Statement here for comment if you wish.

    But it's up to you. No obligation, of course.
    .
    • Akumo
    • By Akumo 4th Jun 18, 7:10 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    I, ……………………., am the defendant in this case.

    1.The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.


    2.I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.


    3. I recall receiving some letters in the post from the claimant and I ignored them as I believed them to be scam letters due to
    i. The excessive amounts being claimed.
    ii. Being a tenant at that time
    iii. The vehicle was being loaded/unloaded


    4. The claimant has never sent any documentation detailing what they shall rely on as evidence.

    5. As a tenant/former tenant of the property in question there is no clause within the lease covering parking or changes to parking.


    6. The car was located at the only appropriate location on site in order to allow for the loading/uloading of bulky items without causing damage to any other vehicle, it was necessary for both rear doors to be fully open at times in order to be able to load those bulky items into the car, Jopson V Homeguard has already set a relevant precedent that is applicable to this case.


    7. Due to the nature of the car park and with residents having to load and unload whenever they move in or out of the property the Housing Association have not made any attempt to address this point despite phone calls and emails requesting that this issue be addressed.



    Are the two paragraphs below relevant?:
    8. The copies of the letters that the claimant has claimed were sent to me are not compliant with the Protection of Freedom Act 2012 and therefore cannot claim keeper liability. Firstly, the notices to keeper in relation to the parking charges dated “..........” do not identify who the creditor is as required by Paragraph 8(2)(h) of the POFA 2012.


    9. Finally, Paragraph 8(2)(f) requires that any notice to keeper gives 28 days from the day after the day the notice was given for full payment or the details of the driver. All of the notices to keeper issued do state this but they also state that payment must be made within 28 days of the date of the notice, which is conflicting information and not compliant with POFA 2012.


    I believe that the facts stated in this Witness Statement are true.


    Signed……………………..



    Dated………………………





    Is the above suitable as a witness statement?


    Am I OK emailing to both the claimant and the local court or do they need to be posted?



    Thanks very much in advance
    • Akumo
    • By Akumo 4th Jun 18, 10:20 PM
    • 80 Posts
    • 17 Thanks
    Akumo
    Is anybody able to offer some advice on the above draft please?
    I have looked at DiegoFuego's final Witness Statement draft and the comments made by Coupon-Mad as linked in the Newbies thread:
    forums.moneysavingexpert.com/showthread.php?t=5504705&page=5
    Was hoping that someone could just give me some feedback on my witness statement.
    I have of course changed some things round to make it relevant to my case but I am unsure if I need to include additional things or reword various parts above.

    Thanks in advance for any help.
    • Johnersh
    • By Johnersh 4th Jun 18, 11:58 PM
    • 1,071 Posts
    • 2,072 Thanks
    Johnersh
    Could be better. Could you describe the car park, the nature of the events. The primary purpose should be to tell the story?

    Photos as exhibits to the statement?
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Coupon-mad
    • By Coupon-mad 5th Jun 18, 12:03 AM
    • 58,549 Posts
    • 72,059 Thanks
    Coupon-mad
    More evidence needed, as well as photos.
    As a tenant/former tenant of the property in question there is no clause within the lease covering parking or changes to parking.
    Then your lease will be evidence. Get a copy even though you are not there any more.

    Other cases that support your defence, file the court transcripts (Pace v Noor, Link v Parkinson and definitely the appeal case of Jopson v Homeguard). All of which are hosted by the Parking Prankster in his Case Law pages.

    Are the two paragraphs below relevant?:
    8. The copies of the letters that the claimant has claimed were sent to me are not compliant with the Protection of Freedom Act 2012 and therefore cannot claim keeper liability. Firstly, the notices to keeper in relation to the parking charges dated .......... do not identify who the creditor is as required by Paragraph 8(2)(h) of the POFA 2012.

    9. Finally, Paragraph 8(2)(f) requires that any notice to keeper gives 28 days from the day after the day the notice was given for full payment or the details of the driver. All of the notices to keeper issued do state this but they also state that payment must be made within 28 days of the date of the notice, which is conflicting information and not compliant with POFA 2012.
    I'd say no.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Akumo
    • By Akumo 5th Jun 18, 12:12 AM
    • 80 Posts
    • 17 Thanks
    Akumo
    Hi I have a copy of the Tenancy agreement have scanned it and taken two copies, one for the claiment and one for the court, likewise I have also done this for Jopson V Homeguard.
    Will get copies of the others as well.

    I thought those two paragraphs were not relevant thus my question mark, just wanted to make sure.
    I have some photos of the parking bay with my car in the bay, rear door not able to be fully opened.
    • Coupon-mad
    • By Coupon-mad 5th Jun 18, 12:17 AM
    • 58,549 Posts
    • 72,059 Thanks
    Coupon-mad
    So your WS needs to refer to the evidence (by number, all evidence and pages must be numbered).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Akumo
    • By Akumo 5th Jun 18, 12:24 AM
    • 80 Posts
    • 17 Thanks
    Akumo
    I, ……………………., am the defendant in this case.

    1.The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.

    2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.


    3. On the day in question I was moving bulky items that belonged to me out of the flat due to a breakdown in the relationship with my partner at that time.


    4. The design of the car park is such that it is not possible to fully open the car doors in order to load a car with bulky items without damaging other cars in the car park.



    5. We had been living apart since early November in 2015. This is the reason for my car being registered at a different address.


    6. I recall receiving some letters in the post from the claimant and I ignored them as I believed them to be scam letters due to
    i. The excessive amounts being claimed.
    ii. Being a tenant at that time
    iii. The vehicle was being loaded/unloaded


    7. The claimant has never sent any documentation detailing what they shall rely on as evidence.

    8. As a tenant/former tenant of the property in question there is no clause within the lease covering parking or changes to parking.


    9. The car was located at the only appropriate location on site in order to allow for the loading/uloading of bulky items without causing damage to any other vehicle, it was necessary for both rear doors to be fully open at times in order to be able to load those bulky items into the car, Jopson V Homeguard has already set a relevant precedent that is applicable to this case.


    10. Due to the nature of the car park and with residents having to load and unload whenever they move in or out of the property the Housing Association have not made any attempt to address this point despite phone calls and emails requesting that this issue be addressed.

    Is the above better?



    Should I also include emails sent to the housing association where I expressed my concrens over the lack of process/procedure to ensure that residetns are not ticketed when loading/unloading a vehicle?

    Presuably I need to include a contents page detailing what evidence can be found on what pages with the WS on the first page?


    Do I need to reference those pages within the WS as well?


    For instance for para 9 should I rewriote it to:
    9. The car was located at the only appropriate location on site in order to allow for the loading/uloading of bulky items without causing damage to any other vehicle, it was necessary for both rear doors to be fully open at times in order to be able to load those bulky items into the car, Jopson V Homeguard has already set a relevant precedent that is applicable to this case, see evidence B page 7.



    Thanks once again.


    Akumo
    • Coupon-mad
    • By Coupon-mad 5th Jun 18, 12:31 AM
    • 58,549 Posts
    • 72,059 Thanks
    Coupon-mad
    Should I also include emails sent to the housing association where I expressed my concerns over the lack of process/procedure to ensure that residents are not ticketed when loading/unloading a vehicle?
    Definitely, and refer to this in your WS.


    Presumably I need to include a contents page detailing what evidence can be found on what pages with the WS on the first page?
    Yes.


    Do I need to reference those pages within the WS as well?
    Yes.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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