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  • FIRST POST
    • WinWin
    • By WinWin 23rd Aug 17, 9:50 AM
    • 63Posts
    • 11Thanks
    WinWin
    Court Claim PCN
    • #1
    • 23rd Aug 17, 9:50 AM
    Court Claim PCN 23rd Aug 17 at 9:50 AM
    Hi all, newbie here. I have been reading the informative threads here. thank you.

    I have acknowledged receipt of service with MCOL. (Private land PCN) Would like some info in laymens terms re defence on keeper liability or possible other defence avenues. if anyone could direct me or better, private message. thank you
Page 5
    • beamerguy
    • By beamerguy 20th Feb 18, 9:07 AM
    • 7,569 Posts
    • 10,084 Thanks
    beamerguy
    Coupon-mad
    Have watched the parliamentary link. thank you. having trouble finding the transcript
    Originally posted by WinWin
    All can be read here ...

    http://parking-prankster.blogspot.co.uk/2018/
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • DoaM
    • By DoaM 20th Feb 18, 9:08 AM
    • 4,399 Posts
    • 4,434 Thanks
    DoaM
    It's linked from the same thread where the debate is linked. (Try searching this board for Hansard).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • WinWin
    • By WinWin 20th Feb 18, 9:16 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    no worries....i found it on the hansard site
    • WinWin
    • By WinWin 20th Feb 18, 9:17 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    thank you

    if this helps anyone

    https://hansard.parliament.uk/Commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill
    • WinWin
    • By WinWin 20th Feb 18, 11:42 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    is it usually ok to hand deliver to the courts?
    • nosferatu1001
    • By nosferatu1001 20th Feb 18, 1:41 PM
    • 2,765 Posts
    • 3,443 Thanks
    nosferatu1001
    OF course it is. They are absolutely used to it.
    • WinWin
    • By WinWin 28th Feb 18, 12:22 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    Thank you for your help so far. Can anyone direct me to what to prepare after witness statement please? I'm assuming in readiness for hearing? I did not send costs schedule with WS, can I send this separately or can it be taken to hearing? I have seen a couple of costs schedules but dont understand the part:

    "Further costs for Claimant M/defendant - Unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)".

    Also, can registered keeper have someone speak on their behalf in court(although RK will be in attendance).
    • Coupon-mad
    • By Coupon-mad 28th Feb 18, 12:29 AM
    • 58,576 Posts
    • 72,081 Thanks
    Coupon-mad
    can registered keeper have someone speak on their behalf in court(although RK will be in attendance).
    Yes, search the forum for 'lay representatives' to find the Act to take with you to make sure the Judge allows it, and to read threads where people have won with their husband/wife as lay rep (e.g. your search results should include such favourites as the threads by JodeeMcD and Gin and milk who both won with their OH speaking for them).

    As for the costs schedule, you will understand the bit about indemnity costs claimed for unreasonable conduct, if you Google CPR 27.14(2)(g), or again seach the form for that phrase.
    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.

    • WinWin
    • By WinWin 1st Mar 18, 5:01 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    thank you Coupon-mad.

    Just realised whilst re-reading info for hearing, that didn't sign the witness statement!! although I did end with 'I believe that the facts stated in this witness statement are true'. Will this make my WS void?
    • IamEmanresu
    • By IamEmanresu 2nd Mar 18, 7:16 AM
    • 2,422 Posts
    • 4,315 Thanks
    IamEmanresu
    You can sign it on the day or verbally affirm it.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • WinWin
    • By WinWin 2nd Mar 18, 11:05 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    IamEmanresu - thank you
    • WinWin
    • By WinWin 6th Mar 18, 1:19 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    Can anyone tell me if ANPR, cctv or photgraph ticket. When according to POFA does the PCN have to get keeper/driver? Could you point me to timings of notices please?
    • WinWin
    • By WinWin 6th Mar 18, 1:31 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    also, does my cost schedule need to get there 24 hrs prior or can I present on the day?
    • WinWin
    • By WinWin 6th Mar 18, 1:44 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    In POFA para 8(d) - Does this mean the Claimant/Gladstones should have stated the overstay amount on my notices, ie, if 1.00 per hour and I overstayed 20 mins(so another 1....should they say what this cost is or is it acceptable to the court that they put 100 or 60 if paid early?
    • WinWin
    • By WinWin 6th Mar 18, 2:01 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    Just noticed I have omitted the introduction of exhibits in my SW although exhibits are attached and referred to in the WS.

    DD and I had an awful virus for a month leading up to the deadline for filing WS. I couldnt even get on the computer I felt so ill for a while. So I will go with the flow now and do my best
    • KeithP
    • By KeithP 6th Mar 18, 2:01 PM
    • 7,728 Posts
    • 7,485 Thanks
    KeithP
    Can anyone tell me if ANPR, cctv or photgraph ticket. When according to POFA does the PCN have to get keeper/driver? Could you point me to timings of notices please?
    Originally posted by WinWin
    PoFA Schedule 4 explains it in the greatest detail.
    There's a link to that in post #1 of the NEWBIES FAQ sticky thread.
    .
    • WinWin
    • By WinWin 6th Mar 18, 2:02 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    thank you KeithP - am reading Schdule 4 and going dizzy trying to understand it
    • nosferatu1001
    • By nosferatu1001 6th Mar 18, 2:46 PM
    • 2,765 Posts
    • 3,443 Thanks
    nosferatu1001
    The amount of parking charge unpaid is the amount in eg a pay and display car park that should have been paid - say 1 for another hours parking - that was not paid, and that gave rise to the PCN in the first place. It isnt the same as the parking charge amount of 100. Failing to state this is a failure of POFA, but not the strongest one.

    WS should be there 24hr before, alongside your skeleton argument IF youre providing one.

    If there is no ticket on the windscreen then you need POFA Sched 4 para 9 - the notice to keeper mudst be RECEIVED no later than 14 days from the parking event, with the day of parking event being day 0.
    • WinWin
    • By WinWin 6th Mar 18, 3:00 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    thank you nosferatu1001. It was not a windscreen ticket and notice to keeper was not received within 14 days but I have not stated this in previous correspondence, can I do so at the hearing?
    • Coupon-mad
    • By Coupon-mad 6th Mar 18, 9:32 PM
    • 58,576 Posts
    • 72,081 Thanks
    Coupon-mad
    Do so in your skeleton argument, with the costs schedule.

    And take a printed copy of SCHEDULE 4 with you in your court bundle on the day, if you are defending the case as registered keeper, with the driver never admitted in any early appeal or anything.
    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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