Hi FTMDave, 

The court cancelled the hearing the day before due to Judicial availability, so the date is now change to December.

Caused quite a few issues for myself and cost but have to wait for a few months now to get this resolved.

All sent! Many thanks for the help and advice, it has been greatly appreciated. I will keep you informed of the progress!

Thanks FTMDave,  I have made the changes you have suggested, in my exhibits I have attached CoP, weblink and point 9 for it to be referred to, couldn't get it on due to the 5 pages.

Shall I get this emailed over now?

Ive not attached it as I have added my details, etc. so its ready to be emailed over, conscious of the time limit

Wow, thank you again for the help with this, been working on it all morning and managed to get down to the 5 pages. If you get chance please have a look and then I can get this emailed over to the court before the deadline.

WS.pdf

I've attached the other things they have sent, the multiple pictures of the signage are dated 2015 and they have also added a skeleton argument?

KBT Signage.pdf

Sorry had problems uploading this one

KBT Skeleton Argument.pdf

Just realised the numbering isn't correct, sent as pdf before checking, this will be amended.

Hi FTMDave, can't thank you all enough for the help and spending your own time on this.

I have attached a new draft of the ws taking into account some new points, let me know what you think / what to add when you get chance, I appreciate you are busy with your own work.

WS.pdf

Regarding the PCN it states the observed time and then 19 minutes later the time of issuing the pcn that 's all, can I use the points that this isn't compliant, it does say Armtrac Security on the front but does this ticket specifically have to state creditor on it? I just want to make sure I don't trip up on myself if this is used.

Also they have now changed / updated their signage from when I went 6 months ago to take pictures of the car park having no marked bays, in 2020 they didn't have a Just Park machine I don't think (picture attached) . I have attached a copy of their signage from Jan 2020.

Lusty Glaze signage.pdf Lusty Glaze Pay Machine.pdf

meant to read ' their signage has changed / updated from the original in 2020, I went 6 months ago to take pictures of the car park...'

There witness statement has just landed, please find attached. Any help is very much appreciated

KBT Witness statement.pdf

Hi all, sorry for the delayed reply.

At the beginning of all this I stupidly contacted them direct to say I had a valid ticket and explained I bought the ticket thinking common sense would prevail and I was dealing with decent people..... So they have in an email that 'I bought the ticket' but at no point have I said I was the driver.

Thank you for letting me know that sending the documents by email is ok as it gives me a little more time to add to the WS, regarding sending this to the fleecers does this also have to be sent before 4pm on the 6th ? Should I send it by post or email which they have anyway.

Hi, I've made those first amendments  but not 100% sure how to include POFA in the statement and the process or lack of it that followed to issue the NTD/NTK.

I know admitted to them that I was the keeper of the car and bought a ticket, they then sent me letters direct but no NTD/NTK, then BW Legal took over. How do I explain the ticket was non POFA compliant. 

Also I was going to post these documents to the court or am I best sending them via email? If I post I would want to get it sent today to ensure it gets there in time, hopefully KBT will land today.

Thanks again for your time and help

Thank you for removing the two posts, I hadn't realised that it showed these details!

I have reattached with the correct format, 12 font, double spacing and page numbers - at the moment it is 6 pages. Your time and help is really appreciated.

WS.pdf

I also called Cornwall Planning office and they couldn't find any planning permission for the signage, I have also looked at the planning applications online for the car park many years ago and there is nothing.

Would it be advisable to add these points to the WS?

A contract was never formed. There was never a contractual relationship, whether categorised as a licence or some form of contractual permission, because the signage does not offer an invitation to park on certain terms. The terms are forbidding, per C5GF17X2, Guildford County Court, heard by Judge McCulloch, citing Arrale v Costain Civil Engineering Ltd [1976] 1 Lloyd’s Rep 98:
‘…in this case there is no evidence of a true accord at all. No one explained to [the plaintiff] that he might have a claim at common law. No one gave a thought to it. So there cannot be an agreement to release it. There being no true accord, he is not barred from pursuing his claim at common law.’

Consumer Rights Act (CRA) 2015 – Unfair Terms
Even if a contract had been formed it would be void, or in the alternative the following terms are either not transparent or are unfair, and these terms are not binding on the consumer, for the following reasons. Section 71 of the Consumer Rights Act 2015 provides that the Court has a duty to consider the fairness of the terms.
 

 The term, ‘A valid ticket must be purchased to park on this site and be displayed clearly in your front windscreen’ in particular the meaning of ‘displayed clearly’ is not transparent per Section 68 of the CRA 2015. Where contract terms have different meanings Section 69 of the CRA 2015 provides a statutory form of the contra proferentem rule, such that the consumer must be given the benefit of the doubt. If the Claimant wanted to impose a term to continuously display permits, then they should have drafted clear terms to that effect. Fluttering ticket cases have been ruled by PATAS adjudicators in Council PCN adjudications as requiring specific terms to 'continuously display' or there is no contravention. The term is fundamental to the contract, and the Defendant invites the Court to find that it is not transparent and therefore unfair. If a fundamental term to the contract is deemed to be unfair, then the contract will cease to bind the parties. The Defence invites the Court to take these issues into account in determining the fairness of the term.

I include the views of Council Adjudicators regarding the well-known issue of 'flimsy fluttering tickets' in my defence, because the Supreme Court (and the Court of Appeal Judges) in Beavis were happy to draw similarities with Council PCNs:
http://www.manchester.gov.uk/egov_download...Report_2006.pdf

Hi FTM Dave,

Thank you for the reply and info, much appreciated. I have drafted my ws and attached. I would be very grateful if you can have a look.

WS.pdf

Thanks for the info, N157 attached

N157.pdf

the hearing is in August but i have to get the witness statement over to the court by the 6th of May.

they the hearing is in August but i have to get the witness statement over to the court by the 6th of May.

The court letter came through last week and it states they have to pay the fee by the 15th of July. 

Not to sure how to find the PCN witness statement examples, is it the top right search box?

Hi,

Following on from all the last posts

 I have received  a notice of allocation to the small claims track and have to submit my witness statement and all other documents I intend to rely on,

in relation to my witness statement ...

do I write down all my points of defence as this is something I have to send to the Claimant also?

Is there anything specific which would help.

One aspect I can prove is that their signage is incorrect in relation to 'vehicles must be parked fully within the confines of a marked bay' 

there are no marked bay's anywhere in the car park, therefore how can I agree to the t&cs.

Many thanks

Thank you for the help, I did try and search N180 prior to posting but didn't find anything so the link is appreciated - just wanted to check before making any mistakes

Hi, I've been sent an N180 form  - is there anything in particular I need to do, the form seems simple enough to complete but do I need to add anything, any further points of my defence? And do I send a copy to the Claimant?

Many thanks for the advice

yes, the date I registered the defence was the 20th of December, haven't heard anything from the court, just the letter from BW Legal dated the 18th of January.

it also said that the claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed.

I haven't had a N180 dq, just a letter from BW Legal saying it is a 'Notice of Intention'. Also they has been no updated on the MCOL site/page.

No problem, I appreciate the help regarding this

Hi FTMDave,

They have already sent a Letter before Claim and I have had a court claim come through so have completed the AOS and defence. They sent the Notice of Intention to Proceed exactly 28 days from the date I submitted my defence. Do you still want me to post it?

Hi, I have now received a 'Notice of Intention to Proceed' from BW Legal offering until the 1st of Feb to pay up. This is something I am not going to do and prepared to go to court but is there any response I need to make towards this letter?

As always the help is greatly appreciated.

Thank you dx100uk for the advice  - all has been done and the CPR 31.14 has been requested to the solicitors.