ParkingEye ANPR PCN Claimform - Town Quay 2, Southampton

[dx100uk]

you [a member of joe public]...against perhaps rather savy and manipulative solicitors for the fleecers well vested in pulling every stroke under the sun, [including in some cases -those on a golf course with certain judges= judge lottery comments] and very familiar with multiple PPC cases.

 

allocation fees are not paid until it is physically allocated [via an n157] to a real court - that being your selected local County court in your N180.

 

CCBC is not a real court, its a the bulk clearing court that deals with some 750'000+ speculative claims every year, whereby only 15% or less are ever defended by the defendant. there is a fee payable to raise the claim.

 

 

 

[Incontro]

Update: PE has since sent their defence in the post, quite a few pages, but nothing stands out as unexpected/tricky or beyond some of what I've seen in other standard defenses from them (at least based on a quick glance, going to make time to read it in more detail and prepare a response during xmas hols).

[dx100uk]

you mean they've sent their witness statement?

a claimant doesn't file a defence, the defendant does - as you did months ago.

 

scan it ALL upto one multipage PDF including the exhibits, but we don't need each exhibit cover sheet.

carefully read our upload guide

 

dx

 

 

 

[Incontro]

yes, sorry meant witness statement

 

will post up soon

[ericsbrother]

you must pay attention to these things, they will seize any opportunity to get one over on you as their claim itself is tenuous to say the least

[Incontro]

Witness statement: 

 

The particulars are first few pages which are in link above, then there are copies of docs/claim forms prev sent to me (not included), then there are exhibits (site plan, copies of signage) - will post the exhibits up soon.

[dx100uk]

I will gather you did not try and change or amend your defence filed by MCOL?

 

most of that so far in immaterial twaddle quoting cases that do not apply to this case.

 

 

[dx100uk]

On 28/04/2019 at 15:47, Incontro said:

Update: so after I sent my response (basically a slightly more detailed version of EB's letter) well before the Easter Hol, after some radio silence I finally got a response a couple days back from PE.

 

Basically a (politely worded) letter this time, thanking me for my correspondence in relation to the parking charge, and saying it has been forwarded onto their privacy team.

 

Happy to post the full letter up here, but just seems like a standard template/acknowledgement of response letter, so the waiting game continues...

 

BR

 

we need to SEE this letter

 

you DID mention byelaws didn't you?

[Incontro]

6 minutes ago, dx100uk said:

I will gather you did not try and change or amend your defence filed by MCOL?

 

most of that so far in immaterial twaddle quoting cases that do not apply to this case.

 

 

 

no i submitted your suggested defence almost word for word

 

yep, it's waffle indeed, most of it isn't even relevant to this case

 

1 minute ago, dx100uk said:

 

we need to SEE this letter

 

you DID mention byelaws didn't you?

 

ok, will also post that up with the exhibits soon, but i think it's either an admin error on their end, or just a standard template doc sent out without much regard, there's nothing pertinent in there

 

double checked my letter (the one EB advised on), and yes certainly did mention byelaws and lack of keeper liability

[dx100uk]

then it puzzles me why PE have sent a response to your defence..totally pointless and never seen before.

 

unless ofcourse they are going to try the nonsence like trumps lot keep trying to pull during these funny impeachment hearings:

 

your honour point of order...

the defendant is bring up byelaws, they didn't mention them in their defence ,.,not allowed. baw baw baw 

which ofcourse you have, but not specifically...

 

are PE that dumb?

 

[AndyOrch]

Claimants can make a response to a defence...not all do...nor are they required to....but they can....and if they do.....

 

Reply to defence

15.8  If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.

(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).

(Part 22 requires a reply to be verified by a statement of truth)

 

Andy

[Incontro]

49 minutes ago, dx100uk said:

then it puzzles me why PE have sent a response to your defence..totally pointless and never seen before.

 

unless ofcourse they are going to try the nonsence like trumps lot keep trying to pull during these funny impeachment hearings:

 

your honour point of order...

the defendant is bring up byelaws, they didn't mention them in their defence ,.,not allowed. baw baw baw 

which ofcourse you have, but not specifically...

 

are PE that dumb?

 

 

I think you are confusing some things here...?

 

PE did NOT send a response to my defence (the MCOL defence submitted, that you provided advice on).

 

Their response was to my letter (which was in response to their Letter Before Claim)

 

Hope that makes sense

[Incontro]

All - ignore my previous post.

[Incontro]

PE Exhibits (showing signage, car park layout etc.), as sent in their response to my defence.

 

Sorry for the late reply. I will start wording up draft witness statement (by bullet points) this weekend. In the meantime, any tips/pointers for my WS will be hugely appreciated.

 

Claimants_WS.pdf

[dx100uk]

you must exploit the bye laws.

PE cant enforce anything .

[dx100uk]

I will make one other observation here having read the whole post and converted all dos to PDF here rather than hosting sites.....

 

all through this thread you have

done your own thing numerous times

not followed advice

adapted letters and sent others when not advised too.

 

please make sure you follow the advice given upon what to put in your WS to the letter and don't 'do your own thing'.

you risk screwing this up if you get your WS and the understanding or why you are stating what you are wrong.

 

dx

 

[Incontro]

hi dx,

 

The only thing I did on my own was the letter offering PE the opportunity to settle out of court for a much lower sum, which was correctly marked as 'without prejudice'. I have my own personal reasons for doing this to free up time for other matters, I am happy to PM you should you be interested to learn more (which I doubt you are).

 

We are well past that stage now, and obviously given your (and other forum members such as EB) great experience in dealing with such cases, I am ready to follow your advice, as I have been for all other steps along the way. And most importantly I APPRECIATE your (and other forum members) advice.

 

Have you had a chance to look at the parking signs? I am not well versed on signage regulations as per BPA, so if there's anything lacklustre with the signs at this particular location, please do let me know, so that I can put that as part of my argument.

 

Else I will be taking inspiration from previous witness statements for similar cases, to avoid reinventing the wheel. I am of the opinion that this case is nothing particularly new/different. I am not sure why PE have persisted in this matter till now, they are chasing pennies (if you count the cost of court fees, time and materials etc. on their side).

 

Lastly: are you happy for me to post up my draft witness statement for you to edit/review (when done), or would you like to propose a skeleton yourself, that I should closely follow?

 

[dx100uk]

Cause we will 

[Incontro]

15 minutes ago, dx100uk said:

Cause we will 

 

Sorry?

[dx100uk]

Your ws..

Dx

[Incontro]

14 minutes ago, dx100uk said:

Your ws..

Dx

 

Ok will post up when done, thanks.

[dx100uk]

[Incontro]

Been sick for around two weeks, but been putting pen to paper, making good progress on it lately, and starting to form some substantial arguments.

 

That said - my understanding is I have to file a numbered witness statement, and not a full defence or skeleton argument.

 

Therefore I assume it cannot be too lengthy or argumentative - i.e. I cannot quote legislation, or provide excerpts of it, OR go into case law, and explain how that applies in this case?

 

I don't know where to draw the line.

Even if I do summarize/trim the witness statement far more than what I currently have scribbled down, a

m I allowed to bring in supporting material/legal arguments/evidence etc. into court on the day, to read from?

This would greatly help.

 

The allocation notice reads: "each party must deliver to the other party and to the court office copies of ALL documents on which that party intends to rely on at the hearing no later..."

[shamrocker]

Have you read over any witness statements from other cases?

[Incontro]

1 minute ago, shamrocker said:

Have you read over any witness statements from other cases?

 

Certainly have. It's a mixed bag to be honest, hence why I asked.

 

Sure most of them do state some amount of facts, but I'm not sure whether it's appropriate to do what I mentioned above ("quote legislation, or provide excerpts of it, OR go into case law, and explain how that applies in this case"), or generally speaking to provide my interpretation of the law.