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

[FTMDave]

50 minutes ago, Andy711351 said:

By the way, if they did have permission would it be them who would have been the applicants for the permission or

the management company in charge of the overall management of the whole complex?

 

I'm afraid I don't know.  Hopefully someone more knowledgable will pop in.

 

Have a read of this thread.  It's short and I know the OP did a lot of work investigating planning permission  https://www.consumeractiongroup.co.uk/topic/430277-pcmuk-ltd-anpr-pcn-st-michaels-retail-park-basingstoke/#comments

 

 

[Andy711351]

'Have a read of this thread.  It's short and I know the OP did a lot of work investigating planning permission'

 

My reply:

Thankyou Dave 

 

I had a detailed read of the link you provided kindly.I looked at the documents provided and it appears that it doesnt  necessarily have to be the PPC that applies to the city council for the permission to erect signages /ANRP on private land. By reading through the documents provided on that link, the managing company or landowner can apply for the permission and once granted and  in place, the PPC can go ahead and erect signages/ANRP

 

 

so coming bac to my case, I searched Dudley council sight for all the applications. I did a postcode search first. the I did another search entering merry Hill shopping Centre and I am not convinced that there is planning permission in pplace.

 

The only way to be 100% sure is to have correspondence form the Council in writing but i guess its a bit late for my case. On balance or probabilities, looking at Dudley Council site, i dont think there is one in place.

 

Based on this info that I just provided , shall I mention the PP point or omit it? Is the online portal search enough, or is written proof needed?

 

 

[dx100uk]

4 hours ago, Andy711351 said:

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

zoom in in pdf

[FTMDave]

Certainly include the bit about PP.  The PPCs usually don't bother with PP as they want to be up & running quickly to fleece motorists and are too lazy & arrogant to wait for official paperwork.

 

You'll know from the council soon anyway.

 

If by some freak they do have PP, then simply tell the truth to the judge in April, that you believed they didn't have PP when you compiled yourr WS but at a later date found out from the council that the opposite was true. 

[Andy711351]

Second Draft with appendices 

 

So grateful for any adjustments comments extar points

 

Thankyou XXXXXXXXXXXXXXXXXXXXXXX

Defendant 2nd Draft WS.pdf

[Andy711351]

Hope its Ok

 

I havent really used anyone elses template or internet ones.

 

I have really just argued logically as ideas came to my mind.

 

Havent cited a single case, but maybe judges get bored of that and just want a reasonable discussion from a lay man like me

 

[dx100uk]

no harm in citing past cases

 

you can ring the council direct and ask tomorrow.

[Andy711351]

you can ring the council direct and ask tomorrow.

 

My Reply:

 

Thankyou Dx100

 

Already did call them  on Friday. Of no help whatsoever, The said email us, which i did on Friday, Awaiting their reply

[FTMDave]

OK, I've read through the second version.  Much, much better.  Well done!

 

Some suggested mini-tweaks.

 

I would still chop out the first part of paragraph 15, and all of 17.  I also don't understand the relevance of you going to the car park on 15 January in paragraph 21 and what you bought that day.  You talk about Homesense elsewhere.  I'd cut out the whole of the first part of paragraph 21.

 

Little typos: paragraph 2, where not were; 7, where not were; 10, sight not site; 11, "under the" written twice; end of 14, Court's not Courts; 15, land not gland; 19, car parks not car park's; 24, legal representative's not legals representative (forgive me, I'm an English teacher!)

[Andy711351]

'first part of paragraph 15, and all of 17'

 

My Reply:

 

Thankyou Dave

 

just for the avoidance of any doubt and confirmation, 

 

first aprt of para 15 refers to the ANPR, MNPR, and parking attendent...etc.   Thats what you like me to delete, correct?

 

Para 17- re the PPC not adhering and their list of santions..etc. Delete the whole para, correct?

 

 

'the relevance of you going to the car park on 15 January in paragraph 21 and what you bought that day.'

 

My Reply: 

 

I went just to remind myself of the parking restrictions so I would be certain of what I put on my WS. The purchase receipt o the 15th jan 2021 is just to proof to the court that Im not bluffing and should they wish to question , me telling look, I made a purchase so I must have visited the site again and confirmed what I say in my WS. I agree with you though, best to remove..

 

Done the changes including all the typos that you kindly picked up. My apologies too, as really haven't slept and getting too much wrist and elbow pain ( suffer with 'tennis and golfers elbows' so its been very painful typing )

 

 

WS Defendant 3rd draft.pdf

[Andy711351]

I dont have a printer so its gonna be tricky.

 

1. Can I File he Bundle, which will include my WS electroncially. Its at Goucester and cheltenham? if so, will an electrocn signature be accpetable?

 

2. The Claimnat emailed me their WS and Bundle. In return can i do the same, ie serve them my WS/bndle electronically?

[dx100uk]

File by email

[FTMDave]

Looks damn good to me - well done!

 

The reason why the site generally advises against using e-mail with the fleecers is through bitter experience of PPCs sending their documentation one minute before the deadline, full of lies, which it is then impossible to counter.

 

However as they already have your e-mail I agree with dx.

 

So

   - e-mail your WS to the court

   - e-mail your WS to the fleecers' solicitors

   - e-mail a separate short note to the court informing them of your change of address

   - e-mail a separate short note to the fleecers' solicitors informing them of your change of address

   - e-mail Bank Park informing them of your change of address.

 

 

[Andy711351]

Thankyou to both of you. You been both Fabulous and Fantastic. 

 

To do this voluntarily and out of the kindness of your hearts is alot to be said for.

 

Dave, Im sure your students love you because you are nothing but encourgaging and thats a Great quality.

 

 

I am gonna have an early night because I havent slept at all.

 

I ll do all the emailing in the morning and get it over and done with.

 

I will need to find Bank parks email because they themselves  have never emailed me, just their legal rep

 

Again many Thanks

[dx100uk]

How did you get the claimant s WS?

 

[Andy711351]

The legal team emailed me both the WS and the Bundle separately lasr Friday.

 

so in fact never had any emails from the Claimant directly.

 

wondering as their DCB legal is doing everything for them, I could inform the legal team to make their claimmant aware of the chnage in address

[FTMDave]

[email protected]

[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

 

 

 

 

[Andy711351]

Dx100 and Dave

 

Thankyou to both of you.

 

Sorry i did not logout last night and slept becasue i hadnt slept at all.

 

Just seen your post #68-71 and will make changes now. 

 

Thankyou

[Andy711351]

'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.'

 

My Reply:

 

Thanks DX100. Instead of using the word EXHIBIT, I have used Appendix. Is that OK? I used that because the CLAIMANT has used EXHIBIT and in my DEfence WS,  I have referred to their exhibits, so I dont want the judge to get confused. If I labelled mine as Exhibirts 1,2,3,4, my worry is the judge reading my WS will get irritated because he/she wont know whose exhibits im referring to, the CLAIMANST or DEFENDANTS. . 

 

Please advise if Appendix is OK?

 

 

 

 

 

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

 

My Reply:

 

Not sure where to put this. Can you please maybe specify a paragraph number please . Thankyou

 

 

 

 

'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'

 

 

My Reply:

 

Thankyou again.

 

i presume you mean compliant.

 

Also, Im really not legal and not sure what CPRs to quote etc.. Is it best to avoid referring to any CPRs, rather than using using incorrect CPR rules as Im not familiar with them. However, if anyone knows the relevant CPR rules applicable then please advise. I do note that the CLAIMANTS legal team have used a few of them in their conclusions

 

[Andy711351]

Made the changes as suggestd by DX100

 

Can I use Appendix instead of Exhibits? 

 

Any idea what to do with CPR as really havent a clue which to quote 

 

 

appendixesWS Defendant 4rd draft.pdf

[Andy711351]

Is there a way to indicate that I prefer a face to face hearing. Im not keen on a telephone hearing. Even if claimant agrees to the tel heating, which is what has been proposed, I prefer to go in person. I can put my pint across better face to face than over the phone

 

2. if the case is dismissed etc.. and I want a schedule of costs, where/when do i indicate that? in my current WS? or do I wait till case is heard and there is a verdict

 

Can you please respond to my post #73 if you very kindly can as i want to finalise it and send it before the close of the day. 

 

I am so so grateful

 

Kind Regards

 

 

 

 

[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