NCP/BW ANPR PCN Claimform - case stayed - now N244 to lift stay and resume the claim - Ashford park mall

[spikes62]

Ok I’ll inform the court

[spikes62]

Awaiting a reply from the court

[spikes62]

The court has replied and said they will put it to the judge regards the video . 

[spikes62]

Schoolboy error here.

Video and photos sent in to court and BW.  

BW have sent a begging letter asking not to go to court and save costs with a reduced fee if I pay   

Court date is 25th.

 

Still a contract from the landowner to NCP has not appeared nor is it in their witness pack ?    

 

Looking through BPA COP.  

NCP have breached the COP on numerous things with regards signs etc.  

Also they claim that it is my responsibility to check credit reference agency have my correct address.  

They did when they got my details from DVLA.  

I think they sent it to my sons address to get a default judgement ?  

 

Any further advice appreciated 

[dx100uk]

12 minutes ago, spikes62 said:

Also they claim that it is my responsibility to check credit reference agency have my correct address.  

no its your responsibility to update listed creditors with your correct address.

 

might be better to scan the letter up to one multipage PDF......

[spikes62]

 I Am on my sons mortgage as a guarantor that’s all. All other credits are at my home address 

[dx100uk]

address clerical error by bw if i remember correctly.

can we see this letter please....

 

 

[spikes62]

It’s all in his witness statement which is quite big   Would you just like the page/s  its on ?

[dx100uk]

I though you said you had been sent a begging letter.

Now its witness statement.....

 

Dx

[spikes62]

No BW sent a begging letter offering me a discount if i dont go to court to save cost.  The address bit is in the witness statement.  I will adjust scan and post the letter .  

[spikes62]

The reply about the address mix up is in the claiments witness statement  hopefully i have done this right and not made a schoolboy error again

Beg1.pdf

[dx100uk]

they still want unicorn food tax

seems like they might be having 2nd thoughts here about how the judge might view then using a wrong address .

cant see them winning this at all

 

have we seen their WS?

 

dx

 

[spikes62]

yes I have gone through the WS with a fine tooth and found loads more errors on their part this will be mentioned to prove how incompetent they are ?  I have googled this a few times with conflicting results.   Does  a paralegal have right of audience in a county court  case, think I found its 70 / 30 against but need clarity please

[dx100uk]

we need to see the N244

we need to see their WS and all exhibits....

 

whomever wrote the WS (if thats what it is) should be available

however this is an N244 hearing is it not.... to strike out your defence and go for a summary judgement.., NOT a normal hearing.

 

stop using google stick to CAG .

 

[brassnecked]

If suing Keeper the £60 Unicorn feed tax is invalid  as per DDJ Harvey at Lews CC 5th Feb 2020

[spikes62]

I requested a copy of the N244 but have not received it..   The ws will be scanned tomorrow and posted they have put pictures of the signs in that i think were taken recently and not back when  the alleged contravention took place. also ones that are not for the car park the car was in.  Could take a few hours to scan and join up but ill try and find time.   

[dx100uk]

well if you want help you need to help us to help you..

no good leaving everything till the last minute

 

have you gone up on google nosey neighbours and got the signs from them?
often they are 2 years late in updating their street view 

 

and what have you researched about planning permission for signs cameras poles etc? does it exist?

you state you put in a defence which is here earlier in the thread,

what have you filed against this Set aside/SJ, since getting notice ? bar your videos and photos?

 

you've know about the N244 since september last year

but you still have not got a copy of it?
how can you ever hope to defend yourself if you dont even know what it says....

 

the hearing is 9 days away!!

 

 

 

 

[spikes62]

I sent an email as i was told to to Northampton BS and requested the info, they replied and said as it was now at the hearing court i would need to contact them.  I did on 8/10 and 14/10 with no reply.

 

I then contacted them on 27/1 and an urgent one on 10/2.  

I received a reply saying I needed to get the info from BW.  Which I have just done.  

Bit late I Know.  SBE     

 

The video and Photos I took back in 10/2018 but the ones they have sent through in the WS look more recent so NA i think ?    

 

No copy of a landowner contract received from BW even though they said they sent one ?  

 

I have only sent through my video and pictures plus my defence earlier, should I have done more ?    

 

I have taken a google shot of the car park from above to show where my pic are taken from.  

My pics show no disabled bays yet the google one shows them, so does their pics   

Planning permission no I have not looked into that where would i start ?

[dx100uk]

you must send a witness statement 14 days before the hearing.

i suspect the N244 was simply to lift the stay and not to additionally go for summary judgement.

you should have had an N157 which gave the date of the hearing and what YOU need to do on it? (page 2)

 

wheres that?

 

dx

 

[spikes62]

They have my WS and I have there’s scan it tomorrow. Date is set for 25th and will be by CVP. 

[dx100uk]

point 17 has reg number post hidden

 

use the websites referred to in upload pdfreducer and pdfmerger to put everything in one file

[dx100uk]

reg in 21

ad in 34

hidden

 

now you know why we say never put any specifics in your defence...

their WS addresses all your defence 'claims' be them right or wrong, they have had months to counter them with believable retorts.

puts you very much upon the back foot as you cant spring surprises upon them in your WS.

[spikes62]

but will i get the chance to cross examine the advocate with regards his WS  

[dx100uk]

nope unless you already placed doubt upon theirs before you sent yours by including:

 

1. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.  

[spikes62]

Ok thanks