UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

[lookinforinfo]

Many thanks to DX for producing the  Excel case. Cardiff Devil I would print out the whole case so that your judge sees the original Judge's thought processes and how he arrived at dismissing the  whole case even though the defendant was guilty.

It is worth reading and understanding it yourself. However your Judge may still ignore the case and come to his own decision.

[FTMDave]

On 16/03/2024 at 22:16, FTMDave said:

The deadline for your Witness Statement is actually 27 March so time is on your side.

You need to move on this.

Edited March 25 by FTMDave
Double post

[mystic_bertie]

Ftmdave many thanks for your kind reminder.

Im off tomorrow im planning on hand delivering my defence to Gloucester court. 

I need to get back to it. many thanks

I have just realised its not the original appeal email its another email reply i sent them.

I remember now i had to fill a form in on their website to appeal and remember they never gave me the sar i requested.

Dear Sir/Madam

Thanks for your correspondence. I was sadly homeless during the time that you were sending mail to me ie to the  South Wales address, it was impossible to get my mail in a timely manner because i was homeless.

I am sorry to hear about your decision in appealing the charge however i did appeal at the earliest date i could.

My mail was getting redirected from the address in South Wales to my daughters address in Glasgow, she was not aware of the parking charge urgency as she is still very young, she was sending me pictures of my mail to me once a week.

Given the delay with royal mail strikes, the xmas period, my redirection to my daughter in Glasgow, receiving my mail updates once a week, you can see why i missed the deadline through no fault of my own. 

I am also unemployed right now and have no money to pay any charges.

Please appeal this charge and i will be forever grateful. 

The 'Excel vs Wilkinson' case i cannot read it not copy it nor print it out. Any ideas on that one guys?

 

Edited March 26 by mystic_bertie

[FTMDave]

Have UKPC sent you their Witness Statement?

If not, you can afford to be slightly late, they can hardly moan if they are late too.

[mystic_bertie]

ftmdave thanks for your reply, i have not received anything from them yet and some of my mail is arriving 3 weeks late.  

i found the  g4qz465v-excel-v-wilkinson. pdf on another dropbox site. 

Can someone please look over my witness statement when they get a moment

DO i send a copy of everything to the claimant or just the witness statement?  

I can include -

printed copies of the original pcn, these images show my daughters fingers holding the letter.

copy or the screenshot showing the image details on my pc, to verify when i received the original pcn

a copy of the email i sent them once i received their appeal refusal

their appeal refusal letter

entire document - g4qz465v-excel-v-wilkinson

 

G4QZ465V Excel v Wilkinson.pdf

Defendants WS (2).pdf

[FTMDave]

That's a good start, but the WS still needs a lot of work.

The problem is the lack of time.  Your deadline is tomorrow.

At my end a Bank Holiday means doing the work of five days in four, so the earliest I could help would be Friday.

Up to you if you want to send it off tomorrow or risk sending a better version but slightly late.

[mystic_bertie]

hi dave

i really appreciate your offer

. Im happy to wait if thats ok with you.

I would rather do a better version slightly late lol.

The court is actually in Cheltenham  its no problem to drive there and deliver it once its ready.   

[FTMDave]

I can do some work on it on Friday afternoon.

Normally that would mean you could get it to the court by the 4pm deadline.

The problem is that Friday is a Bank Holiday and the earliest you will be able to get it to the court is Tuesday.

[AndyOrch]

Only Good Friday is classed as a holiday with regards to time processing FTM.

[mystic_bertie]

Hi

dave thanks for letting me know.

I have seen online that the courts are closed fri and mon however some might be open on sat or mon, i tried to call the court but its closed now.

I forgot also regarding the bank holiday.

All i can suggest is you do you magic when you have free time and ill get it to the court at the earliest convenience.

I might phone on sat to see if they are open or not.

Hi ANdy thanks for your reply.

On the gov website it says all courts are closed on fri and mon however some may be open on sat or mon. Ill try calling on sat.  

[jk2054]

courts will be closed till tuesdsay

[dx100uk]

you'll never find a court open on a w/end MB.

all courts are closed Good Friday and Bank Holiday Monday.

However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year.

UKPC have not filed their, so no rush on yours as dave says.

 

[FTMDave]

I haven't forgotten about this.  I've just done a bit of work on the WS, and will do more late this evening when I knock off work.  But two questions spring to mind.

Would your "jump leads" friend be prepared to write a short Witness Statement?  We could even write it at this end and just ask him/her for a signature.  Your inability to move the car is called Frustration of Contract and could be your ace.

Secondly, did you tell UKPC about the flat battery when you appealed?

 

 

[mystic_bertie]

Jk thanks for confirming this  

dx thanks for your reply and clearing that up

dave many thanks for doing the work to the WS your a star ,  im afraid i dont have any contact details for the friend who helped me and he stays quite far away in somerset.  

I did mention to them about my car problems in the appeal but they never provided a copy of this.  

[FTMDave]

Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done.

Here is a version which I think is nigh-on finished.

However, with Easter there are a few days for the other regulars to suggest tweaks.

Defendant WS.pdf

[lookinforinfo]

Mystic I am trying to get the elusive Excel case for you.

You may have to double click it and/or copy the url into your computer to see the whole case.

G4QZ465V Excel v Wilkinson.pdf

You could add that you wonder why parking company's solicitors add the unlawful extra charge and then swear that they have told the truth.

Must be getting on for tantamount to perjury and it is time it was stopped regardless of it being in the Code of conduct of both ATAs. Which just confirms my opinion of them both.

[FTMDave]

Better version attached with the late appeal explained more clearly for the judge.

This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift.

You can still pop in a paper version on Tuesday if you want.

E-mail address for the court: [email protected]

And for UKPC: [email protected]   [email protected]

Defendant WS.pdf

[mystic_bertie]

Lookinforinfo - many thanks for your very helpful posts and advice. You must have missed it but i already found the excel vs wilkinson document on another site so its printed off too. As dave has suggested i will email it to the court on Sunday afternoon  

FTmdave - i cant thank you enough for what you have done, im very impressed with how professional it has been done and very factual. This is amazing indeed. i Will do as you suggest and send an email to the court on Sunday afternoon. I will pop over with a paper version for peace of mind.

Is there anything i need to include for - 23.8 (exhibit 3)?

When it comes to sending the WS to UKPC, is it only the WS i send or is it everything?  

 

[FTMDave]

You need to title your exhibits - EXHIBIT 1, EXHIBIT 2, etc. - and add them to the end of the WS.

You can use the attached as EXHIBIT 3, you just need the one page, not the whole CoP.

The WS and the five exhibits need to be e-mailed to both the court and UKPC.  You might as well hang on till Sunday just in case the other regulars have ideas.

17_extracted_Version91.2.2024.pdf

[lookinforinfo]

I'm sorry Mystic I did miss it.

My wife went into hospital around that time so while I read your WS I missed the Excel case and never had the time to respond to your WS.

Fortunately Dave has done pretty much what I would have done though I would have added the point I made on post 117 . It's partly to embarrass UKPC in the hope that they withdraw the case and if they don't perhaps the Judge might query their truthful declaration.

And I would still use the fact that being broken down is not parking as well as creating a frustration of contract. The Judge in Jopson v Homeguard spells out quite clearly what parking is and is not. He didn't use car breakdown as one of his examples but had he done so it would have been appropriate. It's just another argument to disincline UKPC from continuing.

I know it's a bit of a hassle to alter your WS again but if it changes UKPC from pursuing you , it would be worthwhile.

[mystic_bertie]

FTMDave - many thanks for for wonderful reply and the posting the other attachment, ill print it tomorrow as the other ones are already printed. Ill also write neatly the exhibit numbers at the top of each page. With regards to emailing the exhibits shall i just name the files exhibit 1 to 5?  

could you be so kind as add lookinforinfo's 2 good points, i might muck it up with dodgy grammar and formating  

 

lookinforinfo - no problem at all and many thanks for your wonderful reply. Your addition points are excellent too. I would add them myself but i might muck it up, i need someones professional touch to get the format and grammar correct  

like you said it worth adding to the end if it helps my case  

[lookinforinfo]

There doesn't appear to be anything wrong with your English just going by your last post for instance.

[FTMDave]

16 hours ago, mystic_bertie said:

With regards to emailing the exhibits shall i just name the files exhibit 1 to 5?  

Yes!

I think the WS is fine as it is.  The matters of Frustration of Contract and the made-up £60 have already been made clearly.

So e-mail it today to the three addresses above (two are for UKPC).

Obviously click on Return Receipt.

In the subject title put the claim number, the names of the two parties, the hearing date and "Witness Statement".

I see you have to sign and date the WS.

[mystic_bertie]

lookinforinfo  - many thanks for your kind words. It takes me ages to type anything, i have been using pcs at home for over 20 years and i still use 2 fingers. I do know how to spell most things but its amazing the amount i have to tweak with the spell checker. Then i have to read over it 3 or 4 times, putting words in and out and changing any punctuation. I'm not certain the rules around full stops and commas but i give it a good go  

 

FTMDave - many thanks again for your wonderful reply. Points noted regarding the WS. I have done a digital signature and dated the bottom of the WS. I have just spent ages trying to figure out how to get a read receipt, i have yahoo and gmail email accounts but neither of them have read receipts. I think gmail used to have them but it seems its only the paid version that has them. You can seemingly get addons but i'm not sure how reliable they are. Any suggestions?   

Just about to add my details to the top of the WS.  

[FTMDave]

Which software do you use to send mails?