UKPCL/DCB legal Windscreen PCN Claimform - Marlborough Road Estate Braintree Essex CM7 9UZ ***Claim Discontinued***

[FTMDave]

9 hours ago, dx100uk said:

your statement of truth needs updating it's changed.

Indeed - use the Statement of Truth at the end of the WS I indicated.

When you have time take on board the regulars' suggestions and post up a second draft.

[Niknak76]

Hi Guys thank you for all your advice today this is very much appreciated. I enclose draft 2

WS2 - Copy.pdf

[dx100uk]

4. On 12/09/22 the defendant received a claim form from the UKPC and County Court Business centre, the defendant issued his defence on 16/09/22 noting he was not the driver and that he had not received any information previously.

eh? same as 3.

on 16/02/2022 the defendant filed their defence via MCOL noting...etc 

2. After receiving the County Court Claim Form from UKPC On 12/09/22 via Moneyclaimgov website the defendant declared to UK Parking Control Limited he was not the driver by completing the Defence and Counterclaim form (EXHIBIT 3). On 02/11/22 the defendant called DCB Legal and advised them again he was not the driver and questioned if they still wished to proceed. Despite this, both parties have ignored that the defendant was not the driver, neither asked who the driver was. Neither the PCN issued by UKPC on the windscreen nor the notice to the keeper comply with the protection of Freedoms Act 2012 which means that they cannot transfer the liability for the breach from the driver to the keeper (defendant). 3.

replace red with   ....   the claimant has

replace red neither with nor.

4. The PCN and further documentation received form

spelling mistake FROM

[FTMDave]

Well done.  This is a vast improvement.  Keep doing this and you'll have an excellent WS after another couple of goes.

The heading The Defence needs to be binned.  You filed your Defence months ago.  This is a Witness Statement.

Move your heading The PCN / No Locus Standi down one paragraph so that No Keeper Liability includes para 1 & para 2.

Remember you are writing for an unbiased third party - the judge - who will only have a short time to read your WS.  You need to be brief and clear.  I don't think paras 3-6 are very clear.  I've followed your case but it took me quite a while to get my head around the locations.  I don't know what is in your exhibits but you need to explain to the judge what is shown in these Google Maps screenshots. 

You parked on an open road - Vanguard Way.  It appears the fleecers manage the car park off Vanguard Way.  But you were not in their car park, you were on the open road.

In fact from the charlatans' photos it becomes crystal clear where you parked.  The photos show a series of signs, which are on the open road, including "Marlborough Road" at the entrance to the vampires' car park.  This is where you parked.

As a secondary matter they haven't got the post code right for either of the locations and have instead used the post code for Victoria Road, as you say another road altogether.

Above 7 write a new heading Consideration Period/Codes of Practice.

Above 8 write a new heading No Locus Standi.

Before your Statement of Truth write a new heading Abuse of Process and copy the whole section, the whole shebang, from kfdh1962's WS at post 80 here (I say post 80 but sometimes the post count goes a bit wonky, it might be a couple of posts above or below)  https://www.consumeractiongroup.co.uk/topic/432762-eps-anpr-pcn-ignored-loc-now-claimform-29-sec-stay-shoulder-of-mutton-birmingham-claim-discontinued/page/4/#comment-5193046

1 Vanguard Way - Google Maps — Mozilla Firefox 31_05_2023 11_38_26.pdf

Edited May 31, 2023 by FTMDave
Incorrect information removed

[Nicky Boy]

Crack that whip FTM!

[Niknak76]

Thanks once again guys, thanks for the images Dave I have printed and will use in my exhibits. WS3 attached.

must post Tuesday latest, I assume I post this to DCB and UKPC? Do I post to the courts?WS3.pdf

WS3.pdf

[FTMDave]

OK, I realise time is ticking so promise to go through everything with a fine tooth comb this evening.

I take it the fleecers haven't sent you their WS yet, right?

[Niknak76]

Hi Dave, correct nothing received.

Thanks Dave, please don’t spend all your spare time on it, I have a feeling they will drop the case

 

[FTMDave]

Well, I was going to go out tonight.

But late last night, my son, who lives with me, knocked off work in a bad mood, got in the car, punched the roof (as you do) - and has broken his hand.  Plus there's something bad about the break which means he'll have to have an operation.

So I am not going out tonight!  I am staying in and dealing with your WS!

[honeybee13]

I'm really sorry about your son, Dave. I hope his hand can be sorted.

HB

[FTMDave]

@honeybee13  Thanks.  It's no big deal really.  He's been laughing about it all day.  One of the ends of broken bone is pointed the wrong way or something.  The doctor said it'd be a quick operation under local anaesthetic, and he probably won't even have to stay in hospital overnight.

@Niknak76  The WS will need to be e-mailed to the court, with the words "Witness Statement" +  the claim number + the names of the two parties in the subject field.  Obviously click on the "return receipt" option.  You will post the fleecers theirs 1st class and get a free Certificate of Posting from the post office.  That needs to go to DCBL, not UKPC.

You say "must post Tuesday" but as a Litigant-in-Person you are allowed a little leeway with court rules.  I would wait until Wednesday if necessary to see if the fleecers' WS turns up so you can demolish it.  An extra day won't harm you.

Right, let's get stuck into the latest draft ...

 

[FTMDave]

In (2) you need to explain why the invoice is not POFA compliant.

Your current (8) needs to be moved to below your current (6) as it's the same legal argument.

I'm still worried that your current (3-6), which is your ace, should be clearer for the judge.  How about something like -

3.  The driver parked on the open road, in Vanguard Way, CM7 9UY.  In Exhibit XXXXX I show a screenshot from Google Maps which shows Vanguard Way, where the driver was parked, and a car park to the left, which I presume is managed by the Claimant.  The driver did not park in that car park.

4.  The exact spot where the driver was parked can easily be ascertained by looking at a photograph taken by the Claimant and at the same time at a close-up of the previous Google Maps screenshot (Exhibit XXXXX).  These photographs show the same signage on the open road at the entrance to the car park presumably managed by the Claimant.  Once again, the driver parked on the open road, not in the residents' car park.

5.  I refer again to the Claimant’s photographic evidence of the car parked at the roadside.  The signage adjacent to the car displays no terms and conditions.  In fact, the sign states “see notices in car park for conditions”.  This shows that any parking restrictions were applicable inside the Marlborough Estate car park, not on the open road.

6.  The Claimant's PCN all refer to "Marlborough Estate car park" which is the incorrect address as the driver parked in Vanguard Way.  In fact the post code identified on the PCN and other documentation sent to the Defendant identified the postcode as CM7 9UZ which is for Victoria Road, another road altogether!  See Exhibit XXXXX.

Edited June 5, 2023 by FTMDave
Typo

[lookinforinfo]

The windscreen PCN does not comply with PoFA  as there is no Parking Period mentioned- only the issue time is mentioned. On the NTK which came later once again the period of parking is not mentioned on the PCN as required by PoFA. There are parking times n the photos but that is not what PoFA requires. In order to enable the charge to be transferred from the driver to the keeper, UKPC must comply with the Act Schedule 4 S8 [2][f]  

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

It is quite clear that the applicable conditions have not been met so the keeper cannot be held responsible.

The area is for permit holders only so the signs are prohibitory for non permit holders so there can be no contract offered to non permit holders. 

 

 

[Niknak76]

Ok understood all makes perfect sense. Many thanks for your efforts guys. I will get this updated and posted tomorrow.

 

hopefully the fleecers will run a mile!

 

[FTMDave]

Well, I would wait till Wednesday as scribbled above.

In any case don't send anything yet as we need to include a quick paragraph about prohibition as LFI says.  Plus a paragraph about the fleecers not having sent a WS.

Work calls now but I'll write something on the thread late this afternoon.

 

[FTMDave]

Immediately after your Consideration Period / Codes of Practice section, a new section -

Prohibition

XX.  The driver did not enter the car park managed by the Claimant.  However, had they done so, I would have relied on the persuasive case of PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “no parking at any time”.  District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”. 

[FTMDave]

Immediately before your Statement of Truth.

XX.  Although I am a Litigant-in-Person, with no experience of court matters, I have done my utmost to respect the deadlines fixed by the court.  As of today, Wednesday 7 June, the Claimant has not done the same and I have not received their Witness Statement.  I would respectfully request that rhe court disallow any Witness Statement which might arrive from the Claimant in the following days.

Obviously change the date to Tuesday if you're set on filing on Tuesday.

And obviously delete the whole paragraph should the fleecers' WS turn up tomorrow for example!

If you have time, another draft taking on board the points LFI & I have suggested would be a good idea.

 

[Niknak76]

Thanks Dave, I will review and update accordingly. Court summons is on the 23rd June. 

[FTMDave]

So your WS has to be in 14 days before, so this Friday 9 June.  You have loads of time still.

If you e-mail the court on Friday by 4pm you will respect the deadline.  The fleecers' copy can be posted that day and 24 hours late with them won't hurt you.

That gives you a great chance of receiving their WS and being able to ridicule their claim.

But do post up a revised draft of yours when you can.

 

[Niknak76]

Morning All, and Dave.

Thanks, James for all your support and advice.

Apologies i ran out of time this week but did take on all your advice. WS all done and ready to post to the fleecers at lunchtime today.

Also timed email done that will send WS at 10am to court. 

No WS from fleecers received as of yet, deadline today.

Is it normal not to receive WS from them? 

 

 

 

[lookinforinfo]

Yes it is normal and a legal requirement. If your postman has been and gone already today send off your WS which includes the fact that UKPCL have not sent you their WS. 

 

[Niknak76]

Still no WS received from UKPC, 10 days until hearing …

[FTMDave]

Good news for you.

[Niknak76]

Great news, I have recieved a discontinuation email from the county court!! Thank you so much everyone, massive thanks,  I will donate to your website when I get a minute. 

 

can I go after them for costs? 

[Nicky Boy]

Congratulations!

Mybe wet their pants when they saw your witness statement...

Don't think you can chase for costs, but there may be a possibility of a GDPR claim.

The team will advise...