Bank Park ANPR PCN Claimform - Blue Car Park 2 Merry Hill Brierley DY5 1QX - *** Claim Dismissed ***

[dx100uk]

bundle and WS are the same thing.

all you need to do is do a witness statement 

you have an advantage here don't lose it 

you have their WS so can we can rip it apart.

 

do the link FTM says please

get their WS up totally

read our upload guide carefully inc use of PDF reducer /merge sites.

 

we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.

 

forget everything else you think you need to do or might have been wrong in process.

 

all you need to do is get a WS done and file it to the claimants sols and the court.

pref by 1st.

 

lastly did you send a CPR request?

 

 

 

[dx100uk]

please put their WS up leave all times/dates etc... can't hurt you

but simply omit your reg/any ref numbers etc.

 

the quicker you do that the quicker your WS gets done.

[dx100uk]

It will be decided on ws's no second chances for them

Simply rip theirs apart in yours

[dx100uk]

Get your ws done and sent by 1st or close too

Post it up here 1st

 

[dx100uk]

Cant see any proof contract currently paid  or signed?

[dx100uk]

its not signed? and no proof of payment?

to me its just a blank template ?

 

just musing.

 

 

 

[dx100uk]

did you get a letter of claim and reply pack about 1 month before the issuance of the claimform.?

[dx100uk]

urm..have we missed the obvious here:

(including the scamming fleecer that charges for advice and defence and more for court and WS writing . i have it on good authority his total costs run to £320 for court appearance as a Mackenzie friend) and which is a templated boiler defence on numerous sites on the internet for FREE just inserted the mugs details ...ruddy scammer! 

 

the WS clearly states at para 11: maximum parking 4hrs

the sign at their payment machine in their ws (pdf p20) clearly state upto 6hrs.

AND states Free Parking Mon/sat - 4:30PM/8:00PM

 

their NTK/POC states: 

Period of Parking:
From: 15/06/2019 at 12:28:47
To: 15/06/2019 at 19:11:37
Reason for Issue: Overstaying Maximum stay
Period

 

so you did NOT exceed what you are charged with : that being over a maximum stay of 4hrs as it was free after 4:30pm - that makes the parking period that can be counted as 4hrs 1min 13 secs, as there is a statutory grace period of atleast 10mins ...game over

[dx100uk]

and why did i not see that...

so back to what dave said, you went in and out of that car park atleast twice?

but ofcourse you never paid anything anyway?

[dx100uk]

it appears to me looking on googleearth each park park has its own ANPR system.(their poc states Blue 3)

it would be unthinkable that you would have left the car there and walked everywhere.

you must have as you say, which is good evidence, that you left the wife there and came back and also drove around to differing shops too in differing carparks thru differing ANPR cameras.

 

this is where your bank statement for the days transactions can help you, to show that day you/mrs paid several shops by debit card?

 

i've not got time to read yours WS yet today..but you are a LiP so a day or 2 later wont hurt.

beack to my question, you answer in ambiguous...do you have to pay there to park at all and did you pay?

or is the whole area free until you hit a time limit? 

 

[dx100uk]

and all those are within that merry hill complex great

no need for anything more then.

 

so i cant see anywhere on their signs that says max 4hrs, other than in their WS

but we'll assume it must be.

 

so... if you were to plot where each shop is using their signs map

i bet several are no where near C3 so you must have driven around.

 

classic double dipping 

 

i would also put in what i have discovered (using the wrong machine contract) pointing to the fact that its the wrong car park, (poss WS admin mistake) but pointing too even if its not a case of double dipping, then you still didnt exceed 4hrs as its free after 4.30PM, + minimum 10mins to read sighs etc which is part of their Gov' bodies rules

 

it might also be wise to remove most of the kitchen sink your WS must be filled with, i don't like the idea of that 35 para defence and they keeping it all in a WS, a short to the point WS might prove to the judge you have obviously now done your homework!! rather than following crap on the internet 

[dx100uk]

I cant see why they are managing parking at all if 1st 4 hrs is free??

 

how are they making any money on this site?

why are they even there?

 

Everything there from them is new from 2019 i bet they were not the ppc before..so who was the previous ppc??

 

as a business model the whole thing makes no sense to me.

why have they shelled out on numerous signs multiple anpr systems ... 

 

Why am i saying all the above..it points to them not wanting to get planning permission for everything..dont have it!!

 

Ftm im out with sheep and tess the dog all day till very late..get up on planning website find if they have it..i bet not

[dx100uk]

4 hours ago, Andy711351 said:

totally agree although need a magnifying glass to read their map lol

zoom in in pdf

[dx100uk]

no harm in citing past cases

 

you can ring the council direct and ask tomorrow.

[dx100uk]

File by email

[dx100uk]

How did you get the claimant s WS?

 

[dx100uk]

ws should goto DCBL the solicitors yes sorry been very busy.

[dx100uk]

the 1st line is not correct and should read i am the registered keeper of the vehicle reg XXXX.

 

 

there is no complaint statement at the end of the WS conclusion to be complaint with CPR before your exhibits which must be included. with a sig area

[dx100uk]

more: extend the contract line by....

 

contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.

 

1st few lines like this:

 

1.I am the defendant in this matter.

 

Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.

 

All exhibits are listed below

List of Exhibits

 

 2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.

 

3. I am the registered of the vehicle, xxxxxx

 

4. I am not liable to the claimant for the sum claimed, or any amount at all.

 

just sign and date at the end no statement of truth is needed sorry.

 

dx

 

 

 

 

[dx100uk]

You dont need cpr statement on a ws i was looking at the wrong part.

 

It will most probably be a Skype like thing?

 

Are you employed and will have to take time off work for the case

[dx100uk]

its not usual with but covid changes..

typically what the court has done since covid is say hey you two, get together, exchange WS's by xx date, see if you can narrow issues is the real reason, the court hopes one or the other gives in. less hassle 

 

if you don't they usually have stated a date a few weeks later whereby the claimants solicitors forwards both WS's to the court.

in your case the court appears to have requested to poke their nose in earlier than usual which is of no use to them, as the judge wont see them till the hearing anyway...so

 

although not regarding PNC cases, bar one i think, what we see here is the claimants solicitor ignore the earlier date and simply file theres by the last due date without earlier involving the defendant at all. what i will guess because BCD(L) is rather new to the game, they've not yet found out they can all but ignore the earlier date.

 

this has ofcourse give you a huge advantage.

[dx100uk]

2 hours ago, Andyorch said:

If a witness wishes to deal with matters not dealt with in the original witness statement a supplementary witness statement should be prepared and served on the other parties, as soon as possible. Permission is required to adduce a supplementary witness statement at trial if any other party objects to it. This need not be sought before service; it can be sought at a case management conference if convenient or, if need be, at trial.

 

Andy

 

so object then..

[dx100uk]

1 hour ago, Andy711351 said:

1. The first deadline of 18/1/2020 was for filing the DOCUMENTS upon which either party had wished to rely on, not the WS. the second deadline of 1/2/2021, was for the WS to be submitted by. 

 

 

 

just because you didnt read the order properly

its quite usual for docs to be exchanged then you both file WS's later.

 

a SWS does not have to have any deadline

just that you can object at the hearing.

 

you got had..oldest trick in the book.

you fell for it

[dx100uk]

I hope you haven't been using the word fine in your court documents like you have above?

[dx100uk]

no just hoping in any documents you've sent to the court you haven't used the word FINE. as you've used it above.