Vcs and court, Stopping |
Vcs and court, Stopping |
Thu, 23 Jul 2020 - 13:41
Post
#1
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Hi,
Can I possibly get some help on a pcn that was issued and is now turned into them sending court papers. Background.... The driver pulled up on a stretch of road very briefly to reprogram sat nav and was there for under 2 mins before driving off. An unmarked van was pulled up in the same area and ultimately was the parking officer. No attempt was made by the officer to issue a ticket to the vehicle a few weeks later a NTK came through the door. The driver was not the RK and stupidly appealed and identified themself as the driver in doing so. Since then all correspondence was ignored up until the letter before claim came through. A SAR was put in and vcs was asked to out the case on hold. Just before the 30 days was up some information came through but not all information that was requested. A letter was wrote and emailed requesting for the rest of the information and the reasonings why the debt isn't owed but no response came back for the letter instead a court form came through. The claim has been acknowledged and the defence is being drafted as we speak but despite reading no ends of information it would be appreciated if some help can be given as not sure if it will be enough or if it's too much. The pcn was issued for stopping in a zone where stopping is prohibited the sign stated no stopping then made reference to red lines and double yellow lines which there was no red lines and the double yellow lines stopped further up the road. There are issues on who owns the land as it is an adopted highway and it's believed that for most part of thr road in question its maintainable at public expense and the sign that is up falls on this section of the road. The sign can't be fully read while driving as there is far to much info on there and obviously having stopped for less then 2 minutes the grace period for reading the sign hasn't been allowed. Some question that has been asked though is that the court form that has come through states that the defendant was the register keeper and/or driver are they ment to say who they are pursuing? Also it's makes reference to the defendant vehicle but they know from the appeal that it's the driver not the register keeper. The form also isn't signed it's just got a typed on name on the form is this allowed? Thank you in advanced for any hekp and replied. This post has been edited by Firestorm20: Thu, 23 Jul 2020 - 13:44 |
|
|
Advertisement |
Thu, 23 Jul 2020 - 13:41
Post
#
|
Advertise here! |
|
|
|
Wed, 9 Sep 2020 - 16:46
Post
#41
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
I have no intention of accepting their offer just wondering of its worth while writing back and declining it and then informing them I now have a copy of the contract which they failed to supply when they was asked and point out that I too feel I have a good case to let it go to court etc.
|
|
|
Wed, 9 Sep 2020 - 16:49
Post
#42
|
|
Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
I have no intention of accepting their offer just wondering of its worth while writing back and declining it and then informing them I now have a copy of the contract which they failed to supply when they was asked and point out that I too feel I have a good case to let it go to court etc. It will fall on deaf ears. |
|
|
Wed, 9 Sep 2020 - 17:09
Post
#43
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Ok so no point then. Thank you
|
|
|
Wed, 9 Sep 2020 - 17:13
Post
#44
|
|
Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Both parties are expected to try and avoid a court claim and settle if they can. (A hearing is a last resort)
There should be no surprises at court - I see no issue in pointing out the potential deficiency in the contract(s). Should they still want to proceed to court and lose on that exact point then it may help with your costs argument. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
Sun, 27 Sep 2020 - 18:09
Post
#45
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Hi so I'm in the process of sorting out my witness statement but wanted to ask. The letters that have gone back and forth in regards to the offers to settle out of court to I include these in my witness statement or are they to be left out because they was made under with out prejudice? Thank you
|
|
|
Sun, 27 Sep 2020 - 18:50
Post
#46
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
If it's marked Without Prejudice then you can not show it as evidence except in very exceptional circumstances
|
|
|
Tue, 29 Sep 2020 - 07:14
Post
#47
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Thats what I thought thank you knew couldn't show the letters but wasn't sure if I can say that there has been communication between both parties or just not mention it at all?
Thank you |
|
|
Tue, 29 Sep 2020 - 09:19
Post
#48
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Not mention it at all.....it has no bearing on the validity of their case.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Tue, 29 Sep 2020 - 14:36
Post
#49
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Ok thank you.
When sending all my documents do i need to send a copy of my defence with the witness statement with it already being filed please? This post has been edited by Firestorm20: Thu, 1 Oct 2020 - 07:58 |
|
|
Fri, 2 Oct 2020 - 07:27
Post
#50
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Hi can anyone advise the above please need to send documents today. Thank you x
|
|
|
Fri, 2 Oct 2020 - 08:33
Post
#51
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
It will look more efficient if you present a full bundle of documents suitably indexed to the court. Makes it easier for the judge.
Remember you have to send same to the claimant. |
|
|
Fri, 2 Oct 2020 - 08:37
Post
#52
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Thank you x
|
|
|
Tue, 20 Oct 2020 - 11:59
Post
#53
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
A massive thank you to everyone who has taken the time to help me on this forum. I have won my case!!
|
|
|
Tue, 20 Oct 2020 - 12:37
Post
#54
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Well done, on what basis did the judge rule in your favour.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Tue, 20 Oct 2020 - 12:50
Post
#55
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
He said there was too many points that was made by me that would have an inpact on the ruling but not enough time to address all of them so he addressed the questions on boundaries and where the private land is and the adopted section ends along with a lack of a clear chain of authority in contract from the land owner to the company the ruling was mainly based on these issues.
|
|
|
Tue, 20 Oct 2020 - 13:29
Post
#56
|
|
Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Awesome. Perhaps their case wasn't as strong as they thought.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
Tue, 20 Oct 2020 - 13:32
Post
#57
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Well your defence only had to succeed on one item.....
Nice. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Tue, 20 Oct 2020 - 15:42
Post
#58
|
|
Member Group: Members Posts: 28 Joined: 8 Jun 2020 Member No.: 108,830 |
Thank you and thank you again for the guidance and advice so pleased I didn't give up í ½í¸Š
This post has been edited by Firestorm20: Thu, 22 Oct 2020 - 18:04 |
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 18:09 |