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

[Andy711351 3]

Thankyou Dx100

 

Phew what a relief I dont have to do the CPR stuff. thankyou

 

I am employed but as a trust bank. meaning i work in the hospital, but only go when they need me and fill in a timesheet. Once timesheet is filled, I get paid PAYE as an employee

 

 

Re Skype

 

 

I refer to post by Ericbrother  post #133 dated August 6/20202 on link 

 

https://  www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/6/#comments

 

 

Post #133 ericsbrother august 6,2020

Ok new position is that many cases are heard with one side actually attending and the other by video link or skype. you want to be the one turning up so if you dotn ahve skype or the like let the court know soon so they pencil you in for a real chair.

 

So according to EB, is that still correct or have things change. of course I will call Gloucetser court to ask but wondered if you knew more

 

 

Finally, as raised in my post #73, can I use Appenidx instead of Exhibit , to avoid confusion?

 

Thankyou

 

 

 

[FTMDave 632]

17 minutes ago, Andy711351 said:

Finally, as raised in my post #73, can I use Appenidx instead of Exhibit , to avoid confusion?

 

Sorry, missed that question.  Yes, use whatever term you want, it just has to be clear to the judge.

[Andy711351 3]

Thankyou Dave

[Andy711351 3]

Just called Gloucester court

 

Spoke to one of the admin

 

she said you can email us, explaining why you prefer to attend in person and the Judge will consider that

 

the hearing is on the 8th of April

 

My reason would be that my internet is not that reliable, and its true, I am relying on hotspot provided by my phone rather than a dedicated separate broadband

 

also, Im better at presenting my case in person face to face

 

 

 

 

[lookinforinfo 2,258]

I am sorry to have come to your thread rather late. But a couple of observations. The Defence statement that you sent them way back was in fact in everything but name a WS. And a pretty comprehensive one. But of course not having seen their WS first some things have changed. 

 

One of the things that was picked out on the first submission and rejected by DCBL was their signage being to small. But this is confirmed by them in their bundle by sneakily increasing the font size in their photos so that it appears much larger than on their signs. If the signs were the correct size why would they enhance them?  Signage is a very important part of the contract and if the signage is not clear then the contract fails.

 

Also on none of their signs, apart from the one by the payment meter does it stipulate that not paying or not paying sufficient leads to a charge at all. As you appear to have moved from car park to car park with different rules then you can stipulate which ones you want to apply to you. I have ust realised that as you parked in several

different places within the car park then Schedule 4 section 9 [3] applies

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

what they should have done is broken your parking times into the sections wherin you stayed. As they have not done so they cannot state with any accuracy where your parking complied with their rules and where it didn't. They can't even say if you were parked all the time within their stipualted rules.

 

In other words if their ANPR cannot pick out movement of cars within all their car parks, then the ANPR is not fit for its purpose.

 

[Andy711351 3]

Thankyou Lookiforino

 

Its ok lol I dont expect everyone to focus on my case but thanks so much for the feedback

 

The initial defence was prepared by Private parking appeals for a fee of £20, but after that there was no trace of them.

 

The initial Defence I think maybe was a bit generic , rather than specific.

 

I have now summitted the final draft as today was the due date

 

 

The attached draft has been submitted . i have redacted it.

 

 

To avoid wasting anyone's time, as it is submitted I cant make any changes to it now.

 

final paginated WS redacted and submitted to court.docxr Thankyou to ALL of those who contributed. I am truly indebted to all of you, whether I win lor lose. Main thing is you all tried your best

 

 

BIG THANKYOU

 

Stay SAfe

 

xxxx

 

[Andy711351 3]

Question Please

 

1. The Caimants solicitors emailed me their Bundle on Friday 15/1/2021 at 2 pm. The deadline for my filing to court and serving them is today. Thats naughty

 

Lets say the deadline was in the middle of the week, like the 20th of January 2021. Does that mean the Claimants could potentially leave it till the 19th Jan 2021 4.59 pm to email me, as it wont give me any time to reply. 

 

Whats the courts veiws on theses?

 

2. i still dont understand why there was ever 2 deadlines from  court, the 18th Jan 2021 ( today) and 1st Feb 2021. Anyone knows why?

 

Thanks again for all your advice. 

 

lets now wait and see. 

 

Hearing 8/4/2021

[dx100uk 9,541]

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.

[Andy711351 3]

' 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.'

 

 

Thankyou.

 

Lol, lets hope thats the case. Unless they are much smarter than all of us and called a bluff.

 

In their email they say please find attached our bundle, a cop which has been filed at the court.

 

The bluff could be that they haven't filed it at the court by the earlier date, but they hope hope that I submit mine by the first deadline, which I have now done. Gives them a chance to look at my WS, make any changes to theirs and then actually use the later date to file their papers at the court, having had the benefit of looking at my WS

 

 

Who knows, these solicitors maybe me smarter poker players than we thinkk lol

[Andy711351 3]

Hello All

 

Update

 

As per post #83, I had mentioned that for some unusual  reason, there had been two deadlines from the court for responding, namely the 18th of January 2021 and 1st of Feb 2021.

 

With everyones great help I filed in the response by the18th of Jan 2021. I think I was bit concerned that the claimant, Mike Ashley may use the second deadline as a chance to add a supplementary statement in response to my defence. 

 

Well, Mike Ashely has in fact does exactly this. He has responded and filed a supplementary witness statement and has responded to all the defence points. He has addressed most the issues I had raised in my defence.

 

 

His Supplementary WS is dated 30 January 2021 and his solicitors emailed it to me on the 17th of February 2021.

 

Not sure what to do, but he seems to have amended everything which i could have used as a loophole leaving me with the thought of , should we have waited till the 2nd deadline ie 1ist Feb2021 and submitted the defence rather than the 18th January 2021. this would have deprived him of the chance to response with a supplementary WS. Thats what really had a worried me and I raised it a few times on this platform.

 

 

Not sure now because he has kind of amended a few things, removed the incorrect exhibit ( where the signages had belonged to a different site, and called it a clerical error).

 

Will post his redacted supplementary WS later as at work now.

 

Thanks all

[Andyorch 10,506]

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

[Andy711351 3]

'The bluff could be that they haven't filed it at the court by the earlier date, but they hope hope that I submit mine by the first deadline, which I have now done. Gives them a chance to look at my WS, make any changes to theirs and then actually use the later date to file their papers at the court, having had the benefit of looking at my WS

 

 

Who knows, these solicitors maybe me smarter poker players than we thinkk lol'

 

 

It seems that the claimant solicitors actually outsmarted me. They submitted the first Bundle before on the 1st deadline of 18 of January. I submitted the defence before that date as per court orders.

 

They then sneaked in the supplementary WS before the second deadline of 1st feb 2021, having benefited from covering any loopholes that I had of them in my defence WS.

 

So in the supplementary WS, they have produced the contract, they have said that any extra irrelevant signages in their initial set of exhibits were clerical errors and have produced a much tidier crisper WS . I wish I had not now submitted my defence by the 18th of jan 2021, but rather waited till the 1st of Feb 2021. 

[dx100uk 9,541]

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..

[Andy711351 3]

Thankyou

 

I called the court today

 

I asked two specific questions

 

1. Why was there 2 deadlines, one of the 18 Jan 2021 and a further one 1 Feb 2021

2. When did the claimant submit their supplementary WS ( they have signed it as 30 Jan

 

 

The clerk replied

 

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. 

 

2. The claimant filed submitted their supplementary WS to the court on 17/2/2021. In other words, they did not respect the deadline. I asked if that could invalidate. She said that you can put that in writing and it would be at the discretion of the judge. 

 

 

So any thoughts on the fact that the supplementary clamant WS was dated 30/1/2021 but in fact emailed to both  the court and myself on the 17/2/2021, 17 days after the due deadline?

 

Thankyou

 

 

 

[FTMDave 632]

Firstly, even if they get away with this, it doesn't mean you won't win.  The solicitor can eloquently waffle on as long as they like that the signage isn't carp.  I'm afraid the signage is carp and the photos show it is.

 

Virtually everyone who has beaten these companies in court was facing a solicitor, but still won.

 

So do what dx, Andy and the court woman said.  Write to the court now pointing out this is a supplementary WS and it was submitted to you & the court 17 days after the deadline albeit with a date on to pretend it was written before the deadline, and you invite the court not to accept it.

 

If you get nowhere, then challenge it on the day in court.

[dx100uk 9,541]

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