PPS/Gladstones/BW Windscreen PCN PAPLOC Now Claimform, - Not Parked In Allocated Bay - Premier Inn, Southernhay Exeter

[keljon]

they havent included a copy of the NTK with the witness statement but i have managed to get one from VW Finance

VW_NTK.pdf

 

i notice the picture they have supplied of the sign is different (and time stamped 1 year later on the pic) not sure if this is deliberate

 

 

 

BW_responce to defence.pdf

[dx100uk]

need the actual WS too not just the exhibits.

 

you wont get a copy of an NTK to the hirer in a WS as it's not concerning you.

[keljon]

apologies, i assumed this was the witness statement as they sent 2 letters (an offer to settle early) and this one.

i guess the witness statement is still outstanding, would an admin mind renaming my attachement so its not confusing

 

Edited March 3, 2021 by keljon

[dx100uk]

i notice it called response to your defence

 

typically they always send a begging letter too when they know their case is flawed.

[keljon]

i have a letter from the court stating both parties need to submit witness statements by the 21/4, do i need to prepare mine without seeing theirs? or will they likely leave it until the last minute making that not possible.

 

[dx100uk]

yes and yes.

 

 

dx

 

[AndyOrch]

Quote

do i need to prepare mine without seeing theirs? 

 

Its called simultaneous exchange ...so one party does not get an advantage over the other.....although its a plus if you get theirs first or visa versa.

 

Andy

[keljon]

 

 

here is the claimants WS

 

i am also reposting the pics I took on the day and also when I revisited the site.

 

 

IIRC I checked and they were not showing on the BPA members list so I have emailed BPA to confirm this

 

i would like to reference in my WS the fact they continued to address me as Ms despite me writing several times and telling them not to, they have also filed the case against Ms so all of the court correspondence is addressed to Ms (when i responded via the online portal, i corrected this to Mr but its made no difference)

 

docs1.pdf docs2.pdf

 

Claimants WS.pdf

[dx100uk]

can you post up the defence you filed please, just to clarify what they are quoting.

it seems rather weak to me to try and ridicule you when theres is a copy and paste too.

forget the gender issue.

 

we have until the 21st..to rip it apart guys.

cant see proof of the contract has been annually paid by the landowner to date?

 

 

dx

 

[keljon]

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 

2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 

4.  The Claimant has inflated their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.

 

 

 

 

[keljon]

I understand the gender issue will have no bearing, I'm just trying to minimise any confusion for the court.

 

 

Edited April 13, 2021 by keljon

[brassnecked]

29 to 32 in their WS sees them trying to rubbish anything from Forums as absolute bunkum, they are extremely worrie=d about advice Forums undermining their cosy money making schemes.

[keljon]

would someone mind explaining what they are trying to claim for, £60 debt recovery costs is mentioned as is £100 being a reasonable sum to charge from the code of practice so is that it? £160 not the £261.58 they been chasing me for or am i misunderstanding this completely?

[honeybee13]

Are the figures mentioned on their claim form in the POCs [particulars of claim]?

 

HB

[AndyOrch]

Quote

What is the value of the claim?

£261.60

 

Amount Claimed £186.60

court fees £25

legal rep fees £50

Total Amount £261.60

 

[keljon]

so worst case scenario, what would i end up paying, the 261.60 + 60 debt recovery?

[AndyOrch]

£261.60 + costs if the court grant them.

[dx100uk]

bar the court fees for raising the claim ...the rest is unicorn food tax which can be countered in your witness statement, 

[keljon]

as long as i'm now costing them money, I'm happy whatever the outcome

[lookinforinfo]

I've had a look back at your thread and cannot find your Notice to Driver. Could you please post it up.

[dx100uk]

urm thats interesting there should have been a windscreen ticket 

as they've waited more than 28 days to send the NTK...well spotted.

 

 

NTK.pdf

[keljon]

there was a windscreen notice but I'm not sure I have it unfortunately

 

[keljon]

ok so i have found the PCN, ticket and pics i took on the day (should have thought of it before, i always photograph anything i might need later on)

i then visited the site again a few weeks later and took pics of the signage and where they had painted yellow lines (this are already attached to this thread)

 

 

day_of_ticket.pdf

Edited April 15, 2021 by keljon

[honeybee13]

Your numbering is a bit out of synch, keljon, but maybe you plan to fix that later?

 

HB

[brassnecked]

Refer to the first picture of the bay as it was at the time, thenreference that they painted the yellow diagonal lines subsequent to issuing you a ticket, at the time there was NO Indication this was not a bona-fide bay.  Also maybe add that as you purchased a ticket, it is de minimis as there was no loss to the PPC.  Others will be along with more helpful suggestions soon. Will go back through your thrread to look for other points to add.