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Excel/BW Legal - Defendant is not RK

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  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    Are you admitting you were the driver?
    I like the style you've written it in. I think you should refer to breaches of the CoP and should say more about what the signs said, where they were positioned (including height), how big and prominent they were, that there was no lighting and it was dark.
    Maybe also a statement from your wife seconding what you say (she'd have to be prepared to accompany you to court).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Matthew87
    Matthew87 Posts: 64 Forumite
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    Cheers, I was trying to keep the WS short and sweet, but I'll add a bit more weight to the poor signage bits (but it's comprehensively covered in my as-yet-unfinished-skeleton/exhibits).

    I haven't specifically said who the driver was - at the moment, that's still undecided.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    What about your post 13?

    I take it you have t seen any of their docs yet, incl landowner contract. If so, add a para at the end to say you have received no documents or explanation from them whatsoever, in which case add a final para saying this and explaining that this is in breach of para 6(c) of the pre-action Practice Direction, and it has left you unable to properly understand the claim. Say you reserve your position to add further points once you have seen their evidence/case in their witness evidence.

    I might also add a diagram showing car park, entrance, where you parked, where the signs were and the machine.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Matthew87
    Matthew87 Posts: 64 Forumite
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    I haven't seen any of their docs/evidence as yet - so I'll definitely add something to that effect, thank you.

    My current list of exhibits includes:
    • Civil Procedure Rules 16.4
    • Practice Direction 16, Paragraph 7.3 - 7.5
    • Practice Direction 22, Paragraph 3.10
    • The Independent Parking Committee's Code of Practice, 3rd Edition, Part E, Schedule 1
    • Vine v London Borough of Waltham Forest [2000] EWCA Civ 106
    • Consumer Rights Act 2015
    • The Town and Country Planning (Control of Advertisements) (England) Regulations 2007
    • 'Phoney fines and dodgy signs take drivers for a ride' Plain Language Commission, Edition 1 – 19 April 2012. Pages 38 - 40
    • The 'Beavis' Sign
    • The Protection of Freedoms Act 2012, Schedule 4
    • Civil Procedure Rules 27.14
    • PCN
    • Overview Plan of the Car Park
    • Photographs of the Car Park:
    • - Showing the P&D machine/signage being obscured
    • - Showing the P&D machine/signage on the night in complete darkness
    • - Showing the P&D machine/signage in daylight
    • - Showing signage being blocked by skips, bins and vehicles
    • - Showing confusing/conflicting signage alongside Excel's
    • - Showing the huge body of text on the main P&D sign
    • Initial email to Excel
    • Notice to Keeper/Driver
    • 'Appeal' rejection letter from Excel
    • Various letters from ZZPS, Wright Hassall, Excel & BW Legal
    • A request for further information and clarification under Part 18, CPR
    • Email from a Senior Planning Enforcement Officer, Bury Council
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Good evidence so far, I am looking forward to the outcome of your case.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    Give serious consideration to saying you were the driver. CM's previous advice about this was spot on.
    What exactly did your appeal/previous correspondence say?
    Strong chance the judge will make a finding on the balance of probabilities you were driving.
    Unless of course you and your wife share the driving and you genuinely can't remember.
    The Hamiltons famously got off a speeding charge arguing that. Trouble is you haven't said that or anything like it in your defence so it may look like a put up job to suddenly say it now.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Matthew87
    Matthew87 Posts: 64 Forumite
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    Loadsofchildren123 wrote: »
    What exactly did your appeal/previous correspondence say?

    See Fig. 3 (https://1drv.ms/f/s!AsLbpETb6Et3j3yADaebkkR-iXRW)

    I've added:

    12. To date, I have received no answers to my request for further information (made on 21/12/16), no evidence, no landowner contract, no documents or explanation from the Claimant whatsoever, contrary to para 6(c) of the pre-action Practice Direction.
    13. This has left me unable to properly understand their claim, and prepare my defence. I therefore reserve my position to add further points once I have seen their evidence/case in their witness evidence.

    Cheers guys, I really appreciate your continued help and support :)
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    at 13, emphasise you are a litigant in person and the Claimant is represented (which makes the disregard of the Practice Direction even worse).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Matthew87
    Matthew87 Posts: 64 Forumite
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    Loadsofchildren123 wrote: »
    at 13, emphasise you are a litigant in person and the Claimant is represented (which makes the disregard of the Practice Direction even worse).

    "This has left me, a litigant in person, unable to properly understand the "professional", legally represented Claimant's case, and prepare my defence. I therefore reserve my position to add further points once I have seen their evidence/case in their witness evidence."

    So my court date is on Tuesday 2nd May and I've been ordered to "deliver [my Witness Statement etc]... no later than fourteen days before the hearing". Taking into account the Easter weekend, when would the cut-off be for posting??
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    edited 12 April 2017 at 12:53PM
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    when would the cut-off be for posting??

    Your bundle must be filed and served 14 days before the hearing regardless of weekends and bank holidays. So in this case the 18th April.

    First class post is legally deemed 'received' 2 days after posting, excluding W/E and BH. But why waste money on a stamp and a trip to the post office?

    Email your bundle to,
    Enquires@bwlegal.co.uk

    Putting your name and claim number in the subject line.

    You'll get an auto reply saying it's received which is proof of sending AND receipt. Print this off and take it to court with you just in case.

    Also copy yourself in as additional proof.
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