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maclarke

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Everything posted by maclarke

  1. One point i haven't stressesd enough is that the car does not belong to me. Rather it belongs to my mother. Everything will be addressed to her and I don't want her to get involved in court.
  2. Do you guys think that i'll have to go through the motions of "Claim letters" and Court dates? Or is it likely they'll just forget it? I hope not to go through this again.
  3. Apologies - I didn't compile my scans correctly - please see attached.UKCPM PCN.pdf
  4. Hi there... I haven’t contacted the estate agent yet. I just wanted to cover myself with your help in the worse case scenario.
  5. Hello all, I borrowed a family member's car to attend a flat viewing. The viewing was at 17:00 on Thurs 17th June 2021(I have email to confirm this) I was a little early as was the estate agent. I initially couldn't have been longer than 20-25 minutes before returning to the car and waiting, as the estate agent had to return to the office to obtain the correct key. I waited in the car for a approximately 15 mins (after after the photos were taken) and then had the full viewing. The land is in a private, gated development. I received the attached PCN (Parking Charge Notice) today on Wed 23rd June 2021. It's hard to work out, but the 2 photos were taken at 16:59:08 and 16:59:40. I believe the photo was taken by someone on foot/Moped - Please help! 1 Date of the infringement Thursday 17th June 2021 [17:23] 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 19th June 2021 3 Date received Wednesday 23rd June 2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? No Have you had a response? not applicable 7 Who is the parking company? UKCPM 8. Where exactly Heritage Walk, Brentford, London, TW8 0RN For either option, does it say which appeals body they operate under. ISA UKCPM PCN.pdf
  6. Claim Dismissed but, the courts messed up the court time. However, UKCPM notified the court that they weren't going to turn up. The judge was not the original person assigned, so he only had a small amount of time to review the case. I sat with him and briefly explained my summary of events. We sat in silence and after a while he said he was going to dismiss the case considering the distance required to get back to the car (i suppose this would relate to a sufficient grace period). I'm a little upset that he didn't seem to consider the other points (such as no locus standi, improper conduct) and he wouldn't allow my summary of costs to be reimbursed as "this is a small claims court" he mentioned. I'm a bit underwhelmed, but I suppose I won. Thank you to you all.
  7. is this excessive? Schedule of Costs Litigation in Person @ £19 per hour (over 8 hours) £152.00 Loss of earnings @ £95 per day £95.00 In reference to: The Civil Procedure (Amendment No.5) (Coronavirus) Rules 2020 Travel Costs @ £0.40 per mile (@3-mile return trip) £1.20 Printing Costs @ £0.25 per page Witness statement (9-pages, 3 copies) £6.75 IPC Code of practice (18-pages) £4.50 BPA Code of Practice (21-pages) £5.25 Land Registry Check (3-pages) £0.75 Total £265.45
  8. i see, thanks I can actually claim up to £95 for loss of earnings! in reference to: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14. and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#7.1 Costs 7.3 The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) and (d) (experts’ fees) are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person, and
  9. an additional £90? how? I had previously planned the court date as a day/week off due the bank holiday and working over lockdown.
  10. Ok...i think i'm there. I've read other peoples' successes and what happened on their hearing date. I've printed out a copy of the IPC and BPA code of practices (organised in a separate folder, highlighted and with referral tags for easy location of text). I've also prepared a summary of costs including (i'll take this with me): Litigation in person costs (8hours) Printing costs Travel costs This totals £170.45 Hopefully i have everything covered? I'll practice what i'll explain to the judge as my summary of events.
  11. My hearing is wednesday next week (2nd September). I'll go over the UKPCM's points and my defense to make sure i'm clear. Any other preparation that I should probably go through? Many thanks
  12. Hi all - quick update. The case will now be heard at the original court on Wednesday 2nd September
  13. just to keep you updated - and for reference. My case has been moved to July for a telephone hearing. General_Form_of_Judgment_or_Order.pdf
  14. Will do @FTMDave, but presence at the court has been suspended for the public and staff. There is no-one to contact. ive submitted the ws via email and post and have received confirmation of receipt (automated email response). Not sure what else I can do.
  15. All - WS posted last week (as well as email to the court). Let's see what happens - the court date was supposed to be Wed 6th May, but have not heard anything. Also, I posted letters to all companies on my credit file for the last 7 years to inform them of my change of address (as this was discussed previously). Driving license and V5C already updated.
  16. ok @brassnecked. The WS is due today. I've prepared 3 copies for the Court, Gladstones and myself. However, the court is suspended for staff and the public (obviously due to COVID-19) - I was planning on leaving it at the court, but that's not possible. I suppose I should just carry on as usual. I'll have to post them at lunch as i'm working from home and it's the only chance i'll get.
  17. ok all - I've completed my final WS (witness statement) - Please see attached. It's due at the court tomorrow (wed 22nd April), but I will post in the morning. In another discussion, I understand that should be ok. Please note: I did not add the reference for the illegal contract being a criminal offence, as I could not find the correct reference. I'm quite happy with the the document as it stands. Witness Statement - Draft - Rev02.pdf
  18. Thanks @honeybee13, i'll do that. I've got mail forwarding and I know the new owners of my property. But i'll listen to your advice.
  19. Great, thanks @ericsbrother. Other than that....do you think my WS is in a good state to send to the court? It's due on Wednesday 22nd April
  20. Thank you @FTMDave, Do you have the reference of legal defence that I can use to claim lack of planning permission is a criminal offense? From what I understand it's to do with the advertising/ placement of signage.
  21. Hello all, thank you for your comments/input. I have amended my witness statement for your review. Please see attached I have remove a lot of text. I have also added new items coloured in red. This might be waffle or new legal references - i hope you might think it's relevant. Thank you in advance. Witness Statement - Draft - Rev01.pdf
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