parking eye ANPR PCN PAPLOC NOW claimform - 14 mins overstay - Riverside Retail Park chelmsford essex

[FTMDave]

I promise to be on time this evening!  I know time is of the essence.

 

Remember you can e-mail the court their copy, which means a bit less printing.

[Junkie2222]

Not your fault and you're busy. By the time we'd finished, it took hours! Redrafted and added. Rechecked some details and then had a lengthy discussion about 3.1.4 of the Parking Act. 

We were thinking this but the scanning involved might make things longer.

Haven't got a scanner anymore and taking photos of the document doesn't look too professional.

Might be worth picking up a cheap scanner on the way home tonight. I'll see how the traffic is. 

 

[FTMDave]

OK, here as promised.

[FTMDave]

What you've prepared is magnificent.  Well done.

 

I for one have next to nothing to suggest re changes.

 

Your first three paragraphs are numbered.  The rest need to be too..

 

I would cut out any doubt in "If she is not a legal representative, then the Claimant has included legal representative's fees in their Particulars of Claim" and write "She is not a legal representative,  However, the Claimant has included legal representative's fees in their Particulars of Claim".

Well done in being so clear about the contract.  I hadn't understood anything before.  Now I get it!

 

You can e-mail a PDF to the court.  In the subject field put the case number, "Witness Statement", and the names of the parties.  Obviously click on "return receipt".

 

Send the fleecers theirs by snail mail tomorrow, and get a free Certificate of Posting from the post office.

 

Brilliant work!

[Junkie2222]

Thanks very much for reading through it. Couldn't have drafted it without your help. You've been awesome!

 

I noticed today, I'd made an incorrect reference to an exhibit paragraph of the BPA CoP. I'll change that tonight.

 

A question if possible? When sending exhibits, am I to include the whole document as the exhibit or the specific paragraph related to the point im trying to make? Just wondering if i can send a single page with the sections i need as an exhibit. Or is the exhibit the whole document

IE page 21 of IPC CoP or all pages within the CoP?

 

As a point of note, ill be posting the documents in entirety to PE. Just incase they drop them while reading my WS and have to pick up half the Amazon off the floor!

 

So question is....

1.A specific passage that is referenced as a PDF document or the whole 2 x CoP as a PDF for instance?

 

With the legal rep point, we ( my wife mainly, i thought she'd have letters after her name if she was qualified in anything legal related ) were concerned she could possibly be qualified and then we have made an assumption that proves to be wrong.

I will amend anyway, if she has incorrectly titled herself, then it isn't presumtious I guess.

We didn't want us(well me really) to come across as disrespectful people, which is why we also removed the gentle digs at PE.

I never been to court and the process worries me a bit, Ive got to be honest.

 

Also just wanted to say to everyone, thanks for your patience. You all should've given up on me for leaving it this late. I've always been a fly by seat of my pants sort of fella, this isnt the sort of process that suits my nature. I should've started way earlier and for that I apologise.

 

Get this email off, well drafted up and just check your answers if they come back.

 

thanks

 

[FTMDave]

With documents, say such as the IPC CoP, you don't have to produce the whole CoP, just the sections you are quoting - in this case the consideration and grace periods.  Same goes for all your other exhibits.

Edited April 4, 2023 by FTMDave
Typo

[FTMDave]

The point about legal representative's fees is that if a company go to a solicitor for help, they can add £50 to the claim.

 

But if they represent themselves they can't.  And PE are representing themselves.  It doesn't matter if Samantha has an "A" level in languages, a degree in engineering, or indeed a degree in law - she is not an external solicitor.

 

Of course you're going to be nervous about court, but it's no more stressful than a job interview (I'm speaking from experience).  You, PE's representative, and the judge will just sit around a table and go through the case.

[Junkie2222]

I have provided the whole document in PDF format, with page numbers and appendix value. Also a version /revision and a link. I will print all of them ( provide postIt notes with exhibit stickers for myself and the judge on the day )

Rather over do it, than under do it at this stage.

Thanks for the clarity on the solicitor fees too.

[Junkie2222]

I have received an email with a second witness statement for PE today.

They have provided a contract with the current landowner. Which is dated in Biro.

Will uploaad later.

[Nicky Boy]

Email?

 

Did you not stop them sending emails?

 

And hasn't the deadline for WS passed?

Edited April 14, 2023 by Nicky Boy

[Junkie2222]

I have never given them an email address. I'm not sure how they have it.

I sent the docs to the court by email. Also by post as I included too many pages to be printed by the court. ( my mistake there, I wanted to supply the whole document )

I posted on weds last week for a next day delivery. It was recorded but I can't get in touch with home to confirm date of receipt.

Yes, the WS date cut off has passed. The case is on Wednesday next week.

 

They say they got it yesterday!

[Nicky Boy]

Well just upload what thev'e sent later and see what the guys say.

 

These fleecers are getting cute with digging up emails!

[Junkie2222]

second witness statement redacted.pdf

 

this is it.

 

[FTMDave]

Not a lot in there.  Usual guff.

[Junkie2222]

I'm quite good usually. It's the first time they've ever emailed. Quite shocked and racking my brains thinking about it. 

 

Should I block them?

 

Also, checking my tracking details, it arrived a full week before they said it did. Have a signed for too. A picture of a big box of mail too. All addressed to PE. There can be no dispute it's their box.

 

This was from earlier

 

Seems nonsense. J

 

ustified their legal skills, want money for them, yet seem quite happy to lie to a judge and haven't sent docs that I requested ( with help from this forum ) months ago.

 

Do I have to acknowledge this?

Reply with a second witness statement?

Can I add an exhibit to my existing WS?

Just the proof of receipt from postage.

 

That's all I feel I want to add.

 

Also the fact they have sent a more up to date contract.  which I don't think is dated or has the name of signees on.

 

Regardless, it wasn't sent to me when originally asked and that's not cricket is it?

 

[dx100uk]

its the stunts all these scammers pull if they can get away with it.

 

you send one email in reply.

 

i never gave you an email address nor have i given permission for you to communicate to me via email regarding our mutual court matter.

 

i have deleted the mail unread and now demand you remove my email from your systems.

should it have been anything important please use royal mail.

 

dx

 

 

[Junkie2222]

email sent.

I'll print a copy of the tracking details to take with me on Weds. Was the plan anyway.

 

Thanks again, Have a good weekend

[dx100uk]

[FTMDave]

1 hour ago, Junkie2222 said:

Also, checking my tracking details, it arrived a full week before they said it did. Have a signed for too.

 

Just the proof of receipt from postage.

 

I'll print a copy of the tracking details to take with me on Weds.

Spot on.

Edited April 14, 2023 by FTMDave
Extra info added

[Junkie2222]

Is it worth sending this to the court in advance?

[Nicky Boy]

I wouldn't.

(Remember that you never opened their email).

Personally, I'd just take it with me on the day.

If they try to submit this latest pack of lies at the hearing, object, saying you weren't served, and produce your proof of postage to refute their allegation of late submission by you.

Edited April 14, 2023 by Nicky Boy

[FTMDave]

Personally I wouldn't bother.

 

In fact it might be to your advantage not to.  The following might be fun -

 

 

LOCAL SOLICITOR WHO HASN'T GOT A CLUE ABOUT THE CASE AND CARES EVEN LESS  The Defendant behaved unreasonably, the Claimant only received the WS six days before the hearing.

 

JUNKIE2222  If I may, Samantha Woodhouse has declared something in the WS she must know not to be true.  The WS arrived 13 days before.  I have a Royal Mail signed-for receipt to prove it.  Here it is.  I note she has made excuses to avoid attending the hearing today.

 

(If it is 13 days, you know the exact number).

 

 

- judge won't take kindly to lies being told in a WS.

[FTMDave]

Wooops!  Cross-posted with Nicky Boy.  But then, great minds...

[Nicky Boy]

If by some misfortune the Judge allows the fleecers 2nd statement, then one point of attack is the so called "Deed of Novation".

 

Under "Recitals" (A):
It clearly states... "The supply agreement for car park management... was varied by the terms of a letter dated 20 April 2015"

 

Without a copy of this letter, the terms of the "new" agreement are totally unknown. Absolutely anything could have been "varied".

 

So, all claims by the claimant are without foundation.

[Junkie2222]

Case adjourned due to lack of judicial availability.

 

The court will contact me to advise a future date.