PCN October 2011

[mystery1]

Re: PCN October 2011

I'd add it to #7 but i wouldn't bother with the link.

I would submit the report as well though.

M1

[Merlin77]

Re: PCN October 2011

I'd add it to #7 but i wouldn't bother with the link.

I would submit the report as well though.

M1

How do I do that though? I haven't a clue with all this, I can copy and paste the part about what H Greenslade said but am afraid that I am putting things down I don't know enough about it.
I have to send this tomorrow. Just in an ordinary envelope and proof of posting?

[Merlin77]

Re: PCN October 2011

Mystery
I sent the witness statement in and have received the claiments bundle with photos of my car etc very dark photos not showing anyone who was driving and can honestly say it wasn't me but someone asked me had I written out my skeleton argument so thought all this was finished now till the hearing.
As I was not the driver and the PCN predates the PoFA date I thought there wouldn't be much of an argument anyway as they have to prove who was driving etc so what do I need to say in a skeleton argument and do I need one?
Thanks again

[mystery1]

Re: PCN October 2011

You don't "need" one as you can make your arguments in person on the day. It is best to do one though.

Lots of links http://forums.moneysavingexpert.com/....php?t=5672664 on there so have a good read.

M1

[Merlin77]

Re: PCN October 2011

Hi mystery thanks for the reply again,
I have received the bundle from the claiments and they have quoted points in my defence saying the defence is premised on the following

1.That the claimant has issued two claims (numbers of claims) for the same parking contravention.

2. A general denial of the whole of the claim.

3. The claim does not comply with CPR 16.4

4. The costs and interest claimed are not payable.

They also say the claimant's response generally the defence being a statement case appears not to comply with PD 31 that is not signed by the defendant the claim there for invites the court to strike out the defence under CPR 3.4 I don't understand what they mean that it was not signed by the defendant, they also say
attempt at double recovery
the claimant not attempting recovery as alleged the claim under court reference and they give the number relates to a contravention breaching the terms that occurred on the date
I also don't understand when they say
The claimant's claim form was issued online using money Claim online and under paragraph 4 1 PD 7E money Claim online the claimant's claim meets the conditions for starting a claim using mcol under paragraph 5.21 and 2B PD 7E the claimants particulars of claim were included in the online claim form however it had to comply with the restrictions of having only 1080 characters to set out it's particulars the claimant relies on paragraph 52 A PD 7E which states the requirement in paragraph 7.3 of practice Direction 16 for documents to be attached to the particulars of Contract Claims does not apply to claims started using an online claim form unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice Direction for the reasons set out above there has been a breach of PD 16 or CPR 16 in any event the claimants particulars are clear and concise and the defendant is put to strict proof to the contrary.
So I don't understand all of that, then they go on about being the registered keeper and the usual stuff about signage quite a few things I don't understand I have sent the witness statement in as best I could in the proper layout as it had to be in by 20th July and just hope for the best sorry I didn't put it up for anyone to read I have had eye problems and have not been able to use the computer very much.
As for where they say
the claimant's claim was issued using money Claim online I only registered with the money Claim online and sent the rest of the stuff off in the post as was told or advised on the forum apparently I had to register online and that's what I did and didn't send any statements off online as I was told it would get all muddled up and the format is usually ruined that way so I sent it all off in the post.
Where they say that I had said that they had issued 2 claims for the same parking contravention I did not say that I said as was advised on the forum that they had made two claims for the same set of circumstances and where I had said double recovery as was advised as well meaning that they were attempting to make double recovery for the same set of circumstances and could have asked for the two claims to be heard at the same time, they were separate claims but they seem to be making out that I am saying that I denied the whole of the claim and that's not true so I am a little bit confused and don't know what to say regarding making a skeleton argument I feel I cannot do all of this and will probably just stand there like a 68 year old granny feeling rather vulnerable. I wish I had paid this money up in the beginning now but see what you think there is loads more regarding pictures and signage that they have enclosed there is no photograph of anyone driving my car very dark photos of just the registration numbers as I say I was not driving and I was not a passenger so I don't know who was driving and who borrowed my car at that time as it is such a long time ago nearly 6 years which is what I had said in the witness statement.
Sorry for any mistakes regarding punctuation in this post as I used the Google microphone because I have a job to see at the moment and not able to use the PC with the screen causing eye problems, will be glad for any advice regarding this skeleton argument and what I should say in response to their response to my WS.
The hearing is mid September.
Thanks again.

[Merlin77]

Re: PCN October 2011

Did my post get posted?

[mystery1]

Re: PCN October 2011

As for where they say
the claimant's claim was issued using money Claim online I only registered with the money Claim online and sent the rest of the stuff off in the post as was told or advised on the forum apparently I had to register online and that's what I did and didn't send any statements off online as I was told it would get all muddled up and the format is usually ruined that way so I sent it all off in the post.

They are saying they were restricted by the online service only allowing 1080 characters to make the claim, which is true, but totally ignores that if you cannot make your claim properly you should use the old fashioned paper system. Nothing to do with how you have defended the claim.

Where they say that I had said that they had issued 2 claims for the same parking contravention I did not say that I said as was advised on the forum that they had made two claims for the same set of circumstances and where I had said double recovery as was advised as well meaning that they were attempting to make double recovery for the same set of circumstances and could have asked for the two claims to be heard at the same time,

They should have made one claim, i agree. The fees (costs) would be lower. There would also, obviously, be only 1 defence etc



Have a read through the successes http://forums.moneysavingexpert.com/....php?t=5672664 which has links to threads and/or parking prankster reports.

M1

[charitynjw]

Re: PCN October 2011

They should have made one claim, i agree. The fees (costs) would be lower. There would also, obviously, be only 1 defence etc
M1

They are also duty bound via CPR to comply with the Overriding Objective, particularly concerning court time & resources.
The more cynical me would suspect that separate claims for similar causes would net them 'double bubble' in costs for little extra effort. (Just a bit of copying & pasting).

If it were me I'd check with DVLA to see how many times (& when) my data was accessed.

[Merlin77]

Re: PCN October 2011

Hello what will I need to take with me to the court? As I am not sure of the procedure.
I was not the driver and cannot remember who was driving my car as was said in the defence and witness statements.
It was nearly 6yrs ago and predates the PoFA so although I was the RK was not the driver.
So I don't have an argument really about signage etc because that would be with who ever parked the car
So what is the procedure on the day and what do I need to take?
I am a fed up Granny now and want it over with.
Thank you again.

[mystery1]

Re: PCN October 2011

Copies of Daz Appeal transcript.pdf

Any evidence of not being the driver and someone else could drive you can get.

Defence, witness statement etc

M1