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  • FIRST POST
    • pandorapandora
    • By pandorapandora 21st Nov 17, 12:53 PM
    • 36Posts
    • 21Thanks
    pandorapandora
    Help Please! Parking Fine County Court Pack
    • #1
    • 21st Nov 17, 12:53 PM
    Help Please! Parking Fine County Court Pack 21st Nov 17 at 12:53 PM
    Hi all

    I wondered if someone could please give me some advice?

    Last winter I paid to park in a S.I.P private car park for three hours for Christmas shopping. After shopping we went for something to eat - the restaurant was heaving (Xmas!), food hadn't arrived yet and I only had half an hour left on my parking, so I rang up the above company (premium rate line - cost me more than the extra hour of parking!) to pay. The customer service lady wanted me to read out my card number - as I was surrounded by strangers, I asked if I could pay online instead. She gave me the website and the location number (I checked it twice with her!). I then went to the website, paid for the hour and then got back to the car and had a ticket! I just presumed they hadn't checked their computer system and had gone by the physical ticket on the windscreen which had expired 20 mins before, so wasn't too concerned. I then forgot all about it until (I think March/May) I got a letter. I rang up, couldn't get through to a human so I emailed them explaining the above and that I'd paid for the extra hour. I received an automated response but heard nothing back from a human, so thought they'd accepted my explanation.

    Two months ago I received a letter from their solicitors asking me to pay a whopping fine or to send any defence, which I did. I got a copy of my phone bill showing the £4 call to them on the date (half an hour BEFORE the ticket expired), along with a copy of my bank statement showing the payment of £4-ish for the extra hour coming out of my account. The solicitor replied saying I have paid the wrong company - Manchester Parking NOT S.I.P! I rang S.I.P and was given the location number by S.I.P. - checked twice!

    My colleague has advised me that the parking company's own customer services number probably routed through to a national call centre (Pay By Parking) as many of them do; so the woman has probably given me the wrong location code.

    A week later I've now been sent a county court pack asking me whether I wish to pay £250, acknowledge or defend. I'm so annoyed because I've done nothing wrong for this but I'm very anxious about the prospect of a CCJ as this could affect my job.

    Can anyone please advise? Do I get a solicitor? I've never had anything like this or so much as a speeding ticket before so this is giving me sleepless nights.

    Thanks
Page 3
    • KeithP
    • By KeithP 10th Jan 18, 1:40 PM
    • 7,184 Posts
    • 6,665 Thanks
    KeithP
    The answers you are looking for are in post #2 of the NEWBIES FAQ sticky thread.

    You should be using that post as a first port of call for all guidance at this stage.

    But to summarise... no, you do not want the case decided 'on the papers', no, you want it at your local court, and you agree to no mediation.
    .
    • pappa golf
    • By pappa golf 10th Jan 18, 1:44 PM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    A week later I've now been sent a county court pack asking me whether I wish to pay £250,


    the initial invoice was for no more than £100 , it is muppet and co that are racking costs up , not you
    • pandorapandora
    • By pandorapandora 16th Apr 18, 2:07 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Hi all

    They have paid their court fee and sent me their Witness Statement, I need to send mine by Thursday (I have started it over the weekend).

    Their statement refers to the supporting documents of:

    "i) The Agreement authorising my Company to manage parking on the relevant land (as
    described therein and hereinafter referred to as !!!8216;the Relevant Land!!!8217
    ii) The Sign (i.e. the Contract)
    iii) The Site Plan
    iv) Notices
    v) Photographs of the incident"

    The photographs of the incident do not even contain a photo of my car, just several photos of other cars, so I'm not sure how they are relevant. I admitted I was driving anyway (see previous posts), but my ticket was due to expire, I called them prior to expiration and was advised I could extend the ticket and given details how to do this, which I followed.

    Can I post their statement here for your thoughts?

    Thanks

    Katie
    • nosferatu1001
    • By nosferatu1001 16th Apr 18, 3:54 PM
    • 2,471 Posts
    • 3,018 Thanks
    nosferatu1001
    At the END (END!!) of your WS, you lead in with a sentence sasying you also dont agree with the following from the C WS, whci hyou submit clearly wasnt written by a Witness at all.

    Then you say e.g. para X v) purports to show photographs of the alleged incident, but instead do not show the D vehicle at all. You are unsure what this is trying to prove.

    Yes of course you can post it here. Just remove identifying details.

    EDIT: does the site "plan" actually match up with reality? A plan is just that - where they PLAN to have signs. Not where those signs ACTUALLY ARE (or were, at the time) CHECK IT.
    Does the agreement work Can you see who signed it, are tehy authorised to do so, does it cover teh dates of the tickets, etc?
    Last edited by nosferatu1001; 16-04-2018 at 3:56 PM.
    • pandorapandora
    • By pandorapandora 16th Apr 18, 4:43 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Hi, sorry my fault, just found the photos of my car in the 40+ pages of stuff. It's all a bit overwhelming! The agreement between the company and the car park owner is from Jan '15 for 'twelve months from the Date of Agreement followed by a twelve month rolling termination continuing until termination is served by any party'.

    1. Two witness statements - one for my case (scroll down), and a 'supplementary' one relating to 'various' (The Claimant was asked by the District Judge X to clarify its authority to issue parking charges and as such the Hearing was listed. I was present at the Hearing and confirm District Judge X was satisfied that the Claimant had such authority in the particular case(s) in question').

    2. Photos - of the signage at the entrances to the car park and on walls inside, a birds eye view of the car park, photos of my car with ticket

    3. Documents - a parking management service agreement, a copy of the windscreen ticket, copies of 4 letters sent to me by the parking company (I didn't receive all of these, I received 2 and responded to both), solicitors letter.

    Their defence is below (identifiers removed) - took a while as it was a PDF and the format went wild on me exporting it.

    ------
    Their Witness Statement

    I, XXXXX, of XXXXX WILL SAY AS FOLLOWS:

    1. I am the Employee of the Claimant Company (!!!8216;my Company!!!8217 and I am duly authorised to make this statement on its behalf. The facts and matters set out in this statement are within my own knowledge unless otherwise stated and I believe them to be true. Where I refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief.

    2. Exhibited to this Witness Statement at !!!8216;GSL1!!!8217; are following documents which my Company wishes to rely upon;

    i) The Agreement authorising my Company to manage parking on the relevant land (as
    described therein and hereinafter referred to as !!!8216;the Relevant Land!!!8217
    ii) The Sign (i.e. the Contract)
    iii) The Site Plan
    iv) Notices
    v) Photographs of the incident

    3. The Defendant is liable for a parking charge relating to the parking of a vehicle on the Relevant Land in a manner so as to incur the same pursuant to the Contract (i.e. the Sign). Set out in the Schedule below are details of the parking charge;

    PCN NUMBER DATE OF CHARGE LOCATION DESCRIPTION
    XXXXX
    XXXXX
    XXXXX
    Exceeded Time

    The Defence
    The Contract

    4. My Company relies on the case of Parking Eye -v- Beavis [2015], in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign, and accepted by the driver!!!8217;s actions as prescribed therein.

    5. The signs on the Land are clear and unambiguous. By parking in the manner in which they did, the charge was properly incurred.

    6. My Company doesn!!!8217;t dispute the Defendant may have paid for parking, however it is the
    Defendant!!!8217;s obligation pursuant to the contract (the Sign) to ensure that they pay the correct fee for the length of their parking. At the time the charge was issued the Defendant failed to do so and as such incurred the charge, it is the responsibility as the driver to ensure the time on the ticket is not exceeded. If the defendant cannot return to their vehicle within the required time, they have the opportunity to purchase an electronic ticket through the !!!8216;Pay by Phone!!!8217; service whilst away from the vehicle, details of which are displayed in the car park.

    7. It is clear from the photographic evidence that the ticket purchased had expired. The Defendant states that they made payment using the online system, however the Defendant has failed to include any evidence to back this up and there is no recorded further payment on my Company!!!8217;s online payment system. Exhibited to this statement is a copy of the PayByPhone records for this vehicle registration that shows no payment has been made on the date of the contravention.
    There is also a copy of My Company!!!8217;s online records which also shows that no payment had
    been made through PayByPhone or through our website directly.

    8. It is an integral part of the parking scheme that a valid ticket is displayed as otherwise the
    scheme would be unmanageable. If my Company were to waive one charge on the basis put
    forward in the Defence it would open the floodgates to the waiver of many more charges,
    making the parking management process that has been put in place entirely redundant.

    The Defendant!!!8217;s Liability
    9. The Defendant is pursued as the Registered Keeper of the vehicle pursuant to Schedule 4 of the Protection of Freedoms Act 2012 (!!!8216;the Act!!!8217 Paragraph 4(1) which states !!!8220;The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle!!!8221;.

    10. Paragraph 2 of the Act states that; the !!!8220;keeper!!!8221; means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

    11. The relevant Notice was sent to the Defendant in accordance with the Act and the Registered Keeper (the Defendant) failed to nominate who was driving the vehicle prior to these proceedings which is required under paragraph 5(2) of the Act.

    Particulars of Claim
    12. The Particulars of Claim contained sufficient information for the Defendant to be aware of what the claim relates to; namely; the date of the charge, the vehicle registration number, the Parking Charge Notice number, the amount outstanding, that it relates to parking charges; and that it is debt.

    13. Further, prior to proceedings being issued the Defendant was sent notices in accordance with the Act and a Letter Before Claim. As such, the Defendant would have been aware of the charge which is the subject of this claim.

    14. In any event, the Defendant would not have been able to defend in such detail as she has if the particulars of claim were insufficient.

    Authority to enforce charges
    15. As the contract is between my Company and the Defendant, my Company does have the
    authority to enforce parking charges. However, both VCS v HM Revenue & Customs (2013) and Parking Eye v Beavis (CA 2015) made it clear that a contracting party need not show they have a right to do what they have promised in the performance of a contract, nor is (in the case of a parking operator) the agreement between Operator and Landowner of any relevance. In any event, and without concession, the Agreement exhibited to this Witness Statement evidences my Company!!!8217;s authorisation to operate / manage the Relevant Land on behalf of the Landowner.

    16. Lord Justice Lewison commented in VCS v HM Revenue & Customs [2013] EWCA Civ 186;
    (1) !!!8220;The Upper Tribunal!!!8217;s reasoning on this part of the case was that since VCS did not have the right under its contract with the car park owner to grant a licence to park, it could not have contracted with the motorist to grant such a right. In my judgment there is a serious flaw in this reasoning.

    (2) The flaw in the reasoning is that it confuses the making of a contract with the power to perform it. There is no legal impediment to my contracting to sell you Buckingham Palace. If (inevitably) I fail to honour my contract then I can be sued for damages. On the stock market it is commonplace for traders to sell short; in other words to sell shares that they do not own in the hope of buying them later at a lower price. In order to perform the contract the trader will have to acquire the required number of shares after the contract of sale is made.
    Moreover, in some cases a contracting party may not only be able to contract to confer rights over property that he does not own, but may also be able to perform the contract without acquiring any such right. Thus in Bruton v London and Quadrant Housing Trust [2000] 1 AC406 a housing trust with no interest in land was held to have validly granted a tenancy of theland to a residential occupier. The tenancy would not have been binding on the landowner, but bound the two contracting parties in precisely the same way as it would have done if the grantor had had an interest in the land.

    (3) Thus in my judgment the Upper Tribunal were wrong to reverse the decision of the FTT on the question whether VCS had the power to enter into a contract. Having the power to enter into a contract does not, of course, mean that VCS necessarily did enter into a contract with the motorist to permit parking!!!8221;

    The Charge
    17. The charge sought is industry standard and is set at a rate so as to suitably satisfy my Company!!!8217;s legitimate interest. In the case of Parking Eye -v- Beavis [2015] it was held that an £85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of
    £100. My Company!!!8217;s charges are within this level. The charge is therefore not excessive.

    18. The decision of the Supreme Court made it clear that the charges are not penal, nor do they have to be reflective of the parking operator!!!8217;s loss. Further, the charges can be set at a level that provides a deterrent effect.

    Miscellaneous
    19. Paragraphs 6, 7 & 8 are not responded to as they are not relevant to this claim or the

    Defendant!!!8217;s liability.
    20. The Defendant unsubstantiated assertion in respect of my Company!!!8217;s conduct is denied.

    The Current Debt
    21. In view of the Defendant not paying the charge within the 28 days allowed they are in breach of the contract. Breach of contract entitles the innocent party to damages as of right in addition to the parking charge incurred. Detailed below is a breakdown of these damages, which the Sign (the Contract) makes clear that damages will be sought and added to the value of the charge.

    The maximum sum that is awardable is £60.00, which is the amount my Company are seeking.
    £12.00 per letter sent to the Defendant following the breach of contract (4 letters) =
    £48.00
    Costs to obtain DVLA information = £5.35
    Costs to operate, maintain and host high level security systems associated with keeper
    data (includes hosting, staff time, equipment ECT) = £10
    Costs associated with required Trade Accreditation = £0.23

    22. In view of the Defendant not paying the charge the matter was passed to my Company!!!8217;s legal representatives, Gladstones Solicitors Ltd. The debt has, as a result of this referral risen as my Company!!!8217;s staff have spent time and material in facilitating the recovery of this debt. This time could have been better spent on other elements of my Company!!!8217;s business. My Company believes the costs associated with such time spent were incurred naturally as a direct result of the Defendant!!!8217;s breach and as such asks that this element of the claim be awarded as a damage.

    The costs claimed are a pre-determined and nominal contribution to the actual losses.

    Alternatively, my Company does have a right to costs pursuant to the sign (i.e. the contract).

    STATEMENT OF TRUTH
    I believe that the facts stated in this witness statement are true.
    • Fruitcake
    • By Fruitcake 16th Apr 18, 5:07 PM
    • 36,623 Posts
    • 82,944 Thanks
    Fruitcake
    This bit actually works against them.

    (2) The flaw in the reasoning is that it confuses the making of a contract with the power to perform it. There is no legal impediment to my contracting to sell you Buckingham Palace. If (inevitably) I fail to honour my contract then I can be sued for damages. On the stock market it is commonplace for traders to sell short; in other words to sell shares that they do not own in the hope of buying them later at a lower price. In order to perform the contract the trader will have to acquire the required number of shares after the contract of sale is made.

    In other words, you can pay for (further) parking after the ticket has expired.

    Costs,

    Costs to obtain DVLA information = £5.35
    No, it's £2.50. They are lying.
    Costs to operate, maintain and host high level security systems associated with keeper data (includes hosting, staff time, equipment ECT) = £10 That's a business operating cost and can't be claimed. The cost is incurred whether someone parks or not, pays or not.
    Costs associated with required Trade Accreditation = £0.23 That's a business cost as well.


    They are pursuing the keeper?
    Last edited by Fruitcake; 16-04-2018 at 5:10 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • pandorapandora
    • By pandorapandora 16th Apr 18, 5:39 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Yes, I am the keeper of the car and parked it there.

    I paid for three hours, and after two hours rang this company (have evidence) on their premium rate number (cost me as much as the parking!) to ask if I could extend the ticket. Was told I could, provided with a location number which I double checked with their rep and was directed to their website as I didn't want to read out my card number due to public location. Went to website, forgot password, the website auto-texted it to me (have evidence), paid for an extra hour, got back to car and had ticket on screen. Presumed mistake between operator checking ticket in windscreen but not online for top up.

    Forgot about it then months later received letter - emailed them, got auto response. Nothing for months, then another letter so I rang them and was asked to email again. Did so, then next letter from solicitors and here we are! Turns out their representative provided inaccurate 5-digit location number BUT ON SAME STREET as their entrance, so she just made an admin error - right area, wrong car park. The number I was provided by her and the actual number of the car park are not similar so could not have been a typo on my behalf. The probability of anyone guessing a five-digit number is 1 in 59049, so I'd have been very lucky to guess one on the same street! I have never had any kind of experience like this before, it has totally stressed me out (and still is!) and my other half has said several times to just pay it and forget it, but as I know I've done nothing wrong I don't believe I should!

    I now need to put my Witness Statement together and can easily state what happened, but referring to all of their legal contractual points and similar content is over my head but I'm determined to get this done!
    • Quentin
    • By Quentin 16th Apr 18, 5:53 PM
    • 35,594 Posts
    • 19,809 Thanks
    Quentin
    Have you previously identified the driver in your dealings with them?


    If not, then urgently edit those details from #47
    • pandorapandora
    • By pandorapandora 16th Apr 18, 6:30 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Yes I have as I never thought to not do - I have been honest right through, confirming in response to their first letter exactly what happened as in my previous post, then receiving virtually the same letter asking for more money, responding again, then another letter from their solicitors, responded again with evidence, to which they said I had paid incorrectly (I paid as instructed by them!).
    • Quentin
    • By Quentin 16th Apr 18, 6:33 PM
    • 35,594 Posts
    • 19,809 Thanks
    Quentin
    OK - it's just they say they are pursuing you as keeper, not driver!
    • pandorapandora
    • By pandorapandora 16th Apr 18, 6:47 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Thanks and I really appreciate it. As it was their admin error I thought it was totally clear from the start and so never thought anything of it I said I parked there etc. It was 2016 and is still dragging on now. If I'd have known how stressed their error would have made me I would've just paid it in the first place despite being in the right, as it has caused me so much anxiety. Am hoping someone can help me with my Witness Statement and that in a few weeks I can finally put this to bed.
    • Redx
    • By Redx 16th Apr 18, 6:49 PM
    • 18,114 Posts
    • 22,902 Thanks
    Redx
    they will when you post it
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • pandorapandora
    • By pandorapandora 16th Apr 18, 7:12 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Hi Redx - I've been at work and though I had access to my email with their court bundle, I didn't have access to the first draft of my own statement. Please see below.

    Thanks

    DRAFT 1

    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 assert that I am the registered keeper of the vehicle in question in this case. I was the driver and on XX/XX/XXXX, parked on land on XXXXX, which is private land on which the Claimant operates, and purchased a Pay and Display ticket in cash from a machine on site, valid XX:XX to XX:XX (as per the photograph provided in evidence by the Claimant).

    4. At XXXX I called the Claimant!!!8217;s premium-rate telephone number within plenty of time of the ticket expiry (see document XX from XX, my then mobile telephone network provider, evidencing the call time, number called and call length and document XX from Google, evidencing that the telephone number on my evidence from XX is the telephone number of the Claimant) to seek advice and instruction on if I could extend my parking ticket remotely or if I needed to head back to the car before the expiry time. The Claimants representative assured me that I could top-up; my existing ticket. I provided my location to the representative as !!!8216;their car park between XX Street and XX Street, as the main entrance with large signage, A-boards and arrows is on XX Street (see document XX from Google Maps and the photographic evidence provided by the Claimant), but there is another entrance on XX street where the word IN; is written on the wall in paint (see document XX from Google Maps and from the Claimant).

    5. The Claimants telephone representative asked me to read out my debit card number in order to make payment. As I was in a very busy public location in Manchester City Centre and concerned about possible identity theft, I asked if there was an alternative payment method, and was given a five-digit location code - which I double checked with the representative, along with instruction on how to make payment via entering this code and my bank details on their website.

    6. On accessing the payment website advised by the Claimant, I was prompted that my email address was registered already for online payment and I needed to enter my password. I had no idea what this password was, and requested a password reset SMS text message, which I received at XX (see document XX), still before the expiry of my parking. I then used the website link from the SMS to access the Claimants provided website and complete my payment as instructed.

    7. On returning to my car within my extra hour, I found a yellow plastic folder stuck to my windscreen containing a Charge Notice. I presumed at the time that the Claimant had seen my windscreen expiry time of 14:08 and issued this without cross-checking my payment on their online system, and thought nothing of it. I was very busy in my new job at the time and with Christmas the following week I forgot all about it until I received a letter from the Claimant dated XX asking for payment of a fine. I responded via email (see document XXX) explaining that I made full payment for the time parked on their land, firstly via Pay & Display and subsequently online as instructed by their Company representative via telephone. On XX I received another letter from the Claimant with no reference to my earlier response, and with increased fines and urgency. I telephoned them from work to ask why they had sent another letter when I had already responded to their previous, and was advised to forward this email to them again, which I did (see email XX). I received no response from the Claimant again and the next contract was from the Claimants solicitors, Gladstones, which I acknowledged in writing (see document XX) along with documentation backing my account. I was then advised that though they could see I had made a payment, it was to the wrong party rather than their Client and court proceedings were then commenced.

    I believe the facts stated in this Defence Statement are true.
    Last edited by pandorapandora; 16-04-2018 at 7:34 PM.
    • pandorapandora
    • By pandorapandora 16th Apr 18, 7:14 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Sorry I have no idea why my post above has !!!8217 in it throughout; that wasn't in my draft or the preview prior to posting!
    • Redx
    • By Redx 16th Apr 18, 7:28 PM
    • 18,114 Posts
    • 22,902 Thanks
    Redx
    its a forum issue, either caused by SMART PUNCTUATION on an apple device, or adding some characters like an apostrophe or some other similar character or characters (like the above seems to be)

    you may need to edit accordingly, or not use an apple device, or turn off SMART PUNCTUATION, unless MSE ADMINS ever fix this issue
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • pandorapandora
    • By pandorapandora 16th Apr 18, 7:35 PM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Thanks Redx - I've edited and removed that gubbins and the apostrophes and it's fine (I'm not on an Apple). Hopefully Loadsofchildren or someone can help with next steps of the above and it's now a bit more readable
    • Coupon-mad
    • By Coupon-mad 17th Apr 18, 12:20 AM
    • 57,436 Posts
    • 71,029 Thanks
    Coupon-mad
    I believe the facts stated in this Defence Statement are true.
    It's a Witness Statement! Should be:
    I believe that the facts stated in this witness statement are true.
    If your court is Manchester, with those facts and evidence, you should have no trouble winning this, and should maybe just break up that final big paragraph into about 3 more!

    And because the entire claim is baseless and vexatious and you can prove you paid, and prove you told them before they started the claim, go for a very hefty costs schedule (file it with the court and the other side, 3 or 4 days before the hearing).

    By hefty, I mean like the one used by sassi:

    http://forums.moneysavingexpert.com/showthread.php?t=5662425

    it asks for increased 'punitive' costs on the indemnity basis, due to the claim being wholly unreasonable and vexatious from start to finish.

    As this is Manchester (I hope) with good Judges, I would really push the costs to a high ceiling, well over £500. If you don't ask, you don't get!

    Be robust and practise explaining why their conduct has been ''wholly unreasonable'' from start (their contractor/employee being negligent with the location code) to finish (pursuing you under these circumstances!).
    Last edited by Coupon-mad; 17-04-2018 at 12:22 AM.
    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.

    • pandorapandora
    • By pandorapandora 17th Apr 18, 9:44 AM
    • 36 Posts
    • 21 Thanks
    pandorapandora
    Coupon Mad thank you so much, you've given me much more confidence! Oh yes I did put 'Defence', thank you! I will split that final paragraph up as suggested.

    Do I need to respond in my witness statement to the points in their witness statement? They are talking about signage ('the contract'), Parking Eye vs. Beavis case, VCS v HM Revenue & Customs case, their charges not being excessive and have struck out points 6,7,8 and 9 of my defence as being irrelevant to my case. Do I need to respond to these? Will they start spouting all of this case stuff at me in court?

    Do I need to relate my Witness Statement back to the sections in my Defence Statement about particulars of claim' etc, or is this Statement just for me to state the facts that happened on the day?

    And yes it is Manchester so I hope that's a good sign! I have not claimed any costs/counter claimed - I will go through the link you provided after work and write something up.

    Last question (sorry) - what can I expect of a Small Claims Court (just as I'm a bit scared!) - is it a big court room with a judge?

    Thanks so much to everyone for all help so far. It's so ridiculous how I have got so stressed about all of this for over a year, all for a simple admin error on their part!
    • nosferatu1001
    • By nosferatu1001 17th Apr 18, 10:47 AM
    • 2,471 Posts
    • 3,018 Thanks
    nosferatu1001
    At the END of your WS state something like...
    I also request that the court strikes the claimants WS as it is clearly not a series of facts known to the author, but an attempt by the C solicitors to introduce new arguments for their claim not present in their initial pleadings. In particular ....

    The following statements madeby the claimant are also denied .... because...

    They havent struck out your defence, only the court does that. Theyre asking the court to strike it.

    WS is a sert of FACTS not arguments. THEIR WS is a set of arguments, not facts (or very few!)

    Just an office, nothing scary.
    • Coupon-mad
    • By Coupon-mad 17th Apr 18, 12:05 PM
    • 57,436 Posts
    • 71,029 Thanks
    Coupon-mad
    I have not claimed any costs/counter claimed
    Costs are not a 'counter claim' so don't use that term by mistake.

    You want to read sassi's costs schedule.

    Last question (sorry) - what can I expect of a Small Claims Court (just as I'm a bit scared!) - is it a big court room with a judge?
    Usually a smaller office or side room (courts handle lost of things, inquests etc and don't only have massive wood panelled rooms, albeit Manchester IS a large court building with some larger rooms!) and yes with a Judge. If you get Judge Iyer, you should be laughing!

    Read some people's court reports, I linked a few in the NEWBIES thread post #2 where they say ''phew, it wasn't scary'' and they then explain what happened from an ordinary person's POV.
    Last edited by Coupon-mad; 17-04-2018 at 12:09 PM.
    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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