Unknown PCM/Gladstones CCJ - PCN Academy Central Development *** CCJ -Struck Out ***

[Karalius]

make it clearer, WHO HAS REQUESTED ACCESS TO MY KEEPER DETAILS AND WHEN

all very simple, if you ask why then they will send the sock rubbish response. You are not interested in why because you know it is a false reason according to the POFA and you dont want the DVLA wasting time avoiding getting themselves into trouble

 

Hi, I have sent out both copies via email and 1st class post!

[Karalius]

Hi, I am just thinking it’s getting close to time of filing my defence. Is it possible that someone can guide me how to complete the defence?

 

Thanks

[ericsbrother]

so what have you done to help yourself in the time since?

 

we can help you but we are not here to do all of the donkey work as we cant turn up in court for you and argue your case so you had better write somehting down as a draft and we will make suggestions.

 

That way we can see what you understand so far and that will reduce the chances of you just turning up and saying completely the wrong thing because you couldnt be bothered to show a proper interest in your own case.

[Karalius]

Thanks Eric, apologies I have moved houses and have had no access to internet for couple days.

I understand and I'm not asking to have everything on a plate.

I am having very difficult time understanding all the wordings and affraid to write wrong things.

I have sent out the CPR 31.14 request and also DVLA access request.

I am not sure if I have to include these in the WS and what exactly to word.

 

I have attached my WS, but I don't think that is any good and I am not even sure if I can even stand any ground in this case. I am just not experienced and my English is not the strongest. Worse scenario, if I lose the case I assume I will have to pay the fines?

Witness Statement.pdf

[dx100uk]

where does any of their paperwork use the word FINE?

WS is not bad needs a bit of work and dont forget to ref your exhibits and other like cases

but your format is good

[Karalius]

It does not sorry.

[DragonFly1967]

That seems all good. It's not all about the legal wording, this is your witness statement and doesn't need to be dressed up in legal jargon.

 

Just a couple of very minor points that you might want to edit before you submit your WS.

 

At 1.1. Change "to an address I have left after" to "to an address that I had left after"

 

At 1.2. Change "there I no keeper liability" to "there is no keeper liability"

 

At 1.5. Change "the defendants" to "the defendant"

 

Also at 1.5. Change "claims in the own name" to "claims in their own name"

 

At 1.6. Change "2012 so no cause" to "2012 so there is no cause"

 

At 1.8. Change "nature and not an offer of contract" to "nature and therefore cannot offer a contract."

 

Also at 1.8. Change "I could not have" to "the driver could not have"

 

Apart from suggesting those minor edits. I don't see too much wrong with that.

[Karalius]

Thank you very much DragonFly!

 

I have corrected the WS.

 

Will wait and see if EB or anyone else have anything to add before I send off on Monday morning.

[ericsbrother]

point

1.3 The particulars of claim are so poor that they breach CPR 16.4

 

1.4 refer to the POFA papa 9(2) and the amount being greater than the amount specified at the time.

 

1.6 at this point it would be wise to deny being the driver if that were the case or say that you put it to strict proof that the claimant show who was driving at the time as there is no keeper liability vreated under para's 8 or 9 of the POFA

 

also make sure that you have the relevant info on planning permission for the sigange and read up on this in an article that is linked to the parking pranksters blog written by a retired lawyer.

 

Refer to the 2007 Act and take a copy with you on the day, no need to put it in your bundle, it isnt case law so Gladdys can be expected to read up on it if they ddont know it (and being the IPC in another frock they damned well ought to be able to tell their members what laws they need to obey so you can have a dig if they start moaning about the lack of a copy in their bundle)

Edited February 25, 2018 by dx100uk
paras

[Karalius]

Thanks Eric, I have updated WS find attached. re point 1.6 I was driving and I remember that night.

 

How do I get the planning permission information?

Do I need to attach any evidence pictures as stated in 2.0 or WS on its own and take evidence with me on the day?

 

I am planning to send out 1st class tomorrow morning so it reaches both parties by 28th.

 

Also maybe stupid question,

but I need to send WS to court PCM or Gladstones too?

 

I have not yet received letters from DVLA or Gladstones since sending requests.

 

Can you remember the lawyers name on parking pranksters blog I want to ensure I am reading correct one?

Man, I am scared not sure I know what I am doing in this case.

Really thanks for your help CAG!!

WS 25.2.18.pdf

[dx100uk]

ring the relevant council and ask about PP

you send to the court and gladdy's

[Karalius]

ring the relevant council and ask about PP

you send to the court and gladdy's

 

Thanks I will call the council tomorrow morning! Do you happen to know whatis exact information that I need to ask for?

[Karalius]

Hi,

 

I have the WS and photo evidence printed out and ready to post. Just want to ask if I send the photo evidence together with the WS to court and Gladstones or there is no need?

 

Thanks

[ericsbrother]

you send them to both gladdys and court close to the submission date. s for copies of statute law like the POFA just take a copy with you.

as fr the article on the pranksters blog, there is only one article and it has a hyperlink to it

[Karalius]

Thanks Eric. I have to file defence by 28th 4pm. I will send everything today including the evidence pictures. I have sent a request to council for Planning Permission for development where the signage is. They said it may take up to couple weeks to receive if they are able to provide.

 

Thanks

[ericsbrother]

chances are no planning permission and anyway, you are putting the burden of proof on them to show they have it. If they dotn they are breaking law and you cant enter into a contract with them because they are criminals.

[Karalius]

They have came back to me with following message from council. "Advertisement consent was almost certainly not required to erect these signs as they would have deemed consent under the provisions of the Advertisement Regulations." Is this right or makes sense?

 

Thanks

[DragonFly1967]

It makes sense, but it's not right. There are 9 classes that need no consent at all http://www.legislation.gov.uk/uksi/2007/783/schedule/1/made , and a further 17 classes of "Deemed Consent" in planning law http://www.legislation.gov.uk/uksi/2007/783/schedule/3/made

 

PPC signs very rarely qualify for either category (exempt or deemed).

 

Out of interest, did you speak to an actual planning officer, or just the person that happened to answer the phone?

[ericsbrother]

they ahve got the office junior to respond and that is a stock response because they dont understand the content of the sign.

They have came back to me with following message from council. "Advertisement consent was almost certainly not required to erect these signs as they would have deemed consent under the provisions of the Advertisement Regulations." Is this right or makes sense?

 

Thanks

[ericsbrother]

anyway, your question has been answered, they dont have PP for the signage

[Karalius]

Thank you both. Dragonfly, I called them and the man on phone asked me to send request to their planning permissions email.

[ericsbrother]

wont hurrt to do so but make sure you ask the right question- do they have planning permission, yes or no, not ask about whetehr they need it as the office junior wont know and the sniors wot give a damn as they have bigger things to worry about

[Karalius]

Hmm.. got almost exactly same response from them being more specific about my question. Does anyone know how long does it normally take for court to allocate new hearing when defence is submitted?

[DragonFly1967]

Planning: It'd probably be safe to assume that they don't have specific planning permission. But it doesn't sound like the council have got the first clue as to what planning laws that they're actually supposed to be enforcing. So while you could still bring it up and PCM would have to prove that they do have it, it mustn't be your only argument. Just in case.

 

Court: I'm afraid that really is a case of "how long is a piece of string?". It all depends on how busy the court is. It could be a week or it could be anything up to six months!

[Karalius]

Good morning,

 

I have received a letter this morning from DVLA. Please find attached PDF file.

 

I have provided them with my current address and they have came back to tell me that they can't process my request due to vehicle being registered at different address. Should I be sending out another letter requesting for details who accessed my details at address where PCN was issued?

I have provided them with my V5 documents at the time of sending the letter.

 

I have also received a letter from court which states:

1. Judgement in default dated 16/06/2017 is set aside on condition that the defendant files at court and serves on claimant a fully pleaded defence by 4pm on 28/02/2018. This part was done

 

2. Matter be allocated to Small Claims Track.

 

Can someone explain point no 2 - is this a good thing for me?

 

I have been studying my case and going over defence for last few weeks and trying to better understand how I will prepare myself.

Scannable_Document_on_21_Mar_2018_at_08_22_18.pdf

Edited March 21, 2018 by dx100uk
format