Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG ***Claim Dismissed***

[cagedbird]

HI,

 

Just going through everything, again before submitting.

In cross referencing, with respect to this:

 

Quote

The defendant invites the court to use its management powers to strike out the claim under CPR 3.4 as the claim is vex and order a full costs recovery order under CPR 27.12.2(g) should the matter go further

 

I have come across this:

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

Quote

Rules 27.12 and 27.13 are revoked.

 

I'm guessing that cost recovery is not an option and that part of the defence should be removed.

Is there an alternative; were the two rules replaced by anything?

 

Thanks.

[cagedbird]

Hi,

 

The defence has been submitted and I've received the 'Notice of Proposed Allocation to the Small Claims Track'.

 

In their Directions Questionnaire, ELMS have opted for mediation. I'm guessing that I should follow suit, if only to show willingness.

 

Opinions?

 

[dx100uk]

so you've not read any PCN claimform threads here?

[brassnecked]

Never Mediation with a PPC, either their claim has legs or its invalid and a speculative attempt to pressure payment.  Nothing to mediate on, either owed or not.

[cagedbird]

Well, the case has been transferred to a localish court and the date of the hearing set to late January - Covid permitting, I guess.

 

Today I received the attached offer to cough up and avoid the hearing - no chance of that happening.

 

There are a few questions that have come to mind and any opinions would be greatly appreciated.

 

I am in the process of moving home.

The new location is some 200 miles away from here and I will have moved well before the date of the hearing.

 

With this in mind, is the option of the case being considered on documentary evidence and without a hearing one worth following?

 

The alternative as I see it is to inform the court that I can't attend and rely upon the written defence.

Would doing this put the claimant at an advantage should they turn up at the hearing?

 

Whilst it would be inconvenient to make the journey, it is something I'm prepared to do.

 

With regard to preparing the defence documents, there have been many variations of the claim,

"the contravention was on leaving the car park",

"I didn't pay for the first 98 minutes",

and the statement in the Particulars of Claim

"parked without payment"

and feel that their presentation may include them.

 

Would they be allowed to bring up additional particulars, for example the "didn't pay for the first 98 mins"?

 

Do I defend purely on the PoC that the car was "101) Parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site"?

 

In which case the defence is going to be based on the proof of payment.

Or do I include the other spurious claims that they have brought up in the past?

 

Thanks for reading.ELMS Offer.pdf

 

[brassnecked]

"With this in mind, is the option of the case being considered on documentary evidence and without a hearing one worth following?"

 

No an "On the papers" hearing is a shoe in win for them as they can introduce barefaced lies with no way to challenge and they would likely win.

[dx100uk]

any have elms been notified as a change of sols? no..

i would write to the court and explain you will be moving and request a move to your local court xxxx

they have months and months to do this.

 

you have already filed your defence

its witness statement time now

the filing of which is clearly detailed on the court letter.

 

and ofcouse their fee payment date that excel might never make....

 

 

[cagedbird]

Hi,

 

Happy New Year to all.

 

Just a quick update on this.

 

The case was transferred to a local court and a date for hearing was set - late January.

Witness statement submitted.

At the end of November I moved address, informed the court and requested a move to my new location.

The request has been granted.

On transfer, the new court has requested (General Form of Judgement Order) that I submit a copy of the receipt on which I'm relying. Failure to do so resulting in the defence being struck out. I have complied.

 

I'm not quite sure as to what I should or shouldn't read into this. It does look, though, as this is the first time anyone has looked at what has been presented. Is it a good or bad thing?

 

[dx100uk]

would be nice to see the witness statements...

[Gick]

Belt and braces, mail Excel with your new address also, with free proof of posting at the Post Office, so that they can't send any other communication that could affect your case to the previous address .

[cagedbird]

Hi,

 

DX - I'll go through them and make any necessary redactions and get them uploaded

 

Gick - The court here notified them of my change of address but omitted to tell them what it is. I've had an email from Excel/Elms requesting my new address and subsequent confirmation of its receipt.

 

[Gick]

You need to inform them that the email address is NOT to be used for any communication relating to the claim. Block their email address so that it bounces back.

 

If they have an email address it is a known tactic to send papers at 2359 on the day of final disclosure so that you do not have time to review/absorb  the information in time to rebut. 

[dx100uk]

have you the claimants ws yet?

[cagedbird]

Gick - What else is there for them to submit? The Witness Statements have been submitted, a date for the hearing had been set but due to my change of address we are awaiting a new date from the local court. I'm guessing that will be forthcoming after looking at the proof of payment that they asked for.

 

DX - Yes, It was submitted and received about a week or so before the cut-off date. It was Excel that submitted it rather than their solicitors, though.

[dx100uk]

can't see them harming you further then by having a email.

 

On 06/01/2021 at 11:53, dx100uk said:

would be nice to see the witness statements...

should you need to issue anything further

[cagedbird]

Witness statements, redacted and without the exhibits.

Plaintiff WS.pdf Defendant WS copy.pdf

[dx100uk]

we will need their exhibits but not each cover sheet.

 

like the last sentence ...no!! thats not an excuse to charge unicon food tax.

 

name the person . they rely upon heresay evidence too and don't state that in relation to the CPR clauses they must. and ofcourse must be present upon the hearing else no dice batman..

[brassnecked]

Do the machines accept cash? it matters notis you have always paid via the app, the fact you paid albeit late but for the full 12 hours sort of throws Simon under the bus.

[cagedbird]

brassnecked - so you're going back on what you said in post #8?

[brassnecked]

No you usually paid by app, you have history of doing so, so its reasonable not to expect you to use cash, and continue with the app. just looking for anything that might come up as the straws are grabbed by Simple.

[lookinforinfo]

I notice that you haven't posted the PCN dated 14th May 2018.

You probably haven't retained it but you should have received a copy after  the SAR that you applied for.

 

Did the sar also include a copy of their contract and the Council permission for their signage and ANPR cameras.

 

If so please post them on here.

 

As well as a photo of the Terms on the payment machines the last one is important since those were the rules that you accepted on payment.

[dx100uk]

 

1 hour ago, lookinforinfo said:

Did the sar also include a copy of their contract and the Council permission for their signage and ANPR cameras

 

nothing to do with the OP under GDPR

[cagedbird]

Hi all,

 

Thought you may be interested in the latest communication from the Court received today..

 

Many thanks.

Judgement.pdf

[BankFodder]

Oh dear.

 

 

Oh dear, oh dear

[AndyOrch]

 Well done...topic title updated.

 

Andy