PCN court order

[Wave_Rider]

Hi!
Sent off all my docs fit the trial on the date requested and received theirs in return a couple days later and their defence is a pile of BS! They're going with the 'parking without a permit' claim which was the least likely of claims as THEIR photos show my permit in the corner of my car windscreen.... They also seem to be claiming I was working their statement makes no mention of where I was parked at all and in their accompanying docs they've included a hand drawn diagram of the car park and photos of all the signs Inside the car park.... No mention of the access road at all!!! I'm really cross, it's a non-offence as it's based on lies?? Cam they possibly have something up their sleeves???? Also, can I make a counter claim for damages as I'll be taking time off work to attend court and this whole thing has given me so much stress!!
advice appreciated.

[Wave_Rider]

Sorry that's really garbled - their *claim nor defence, obviously, and ignore the ref to my working no idea where it came from....

[ostell]

I believe the process allows you to send an addendum to your witness statement so you can cover the rubbish they sent. Others may commnet.

Perhaps a "Without Prejudice, save as to costs" letter inviting them to a drop hands withdrawal as their own evidence contradicts their claim.

[des8]

Usually all the winning party will be awarded would be the fixed costs on the commencement of the claim, court fees, travelling expenses, loss of earnings
https://www.moneyclaimsuk.co.uk/liti...-expenses.aspx

[Wave_Rider]

Thank you.
so I should write to gladstones asking if they'd like to withdraw? Or via the court? If this goes to court I will lose earnings etc....
ostell, do it mean I can write to the court saying I've received their bundle and it's self contradictory, to try up stop this before it gets to court?

[ostell]

No you write to Gladstones inviting them to withdraw as they cannot win because of their own evidence.

[Wave_Rider]

So I've written three times to gladstones (variations of the same email, pretty much) asking if they'd like to withdraw but not even had the courtesy of a reply... Now slightly worried they must have something up their sleeve as this is a ridiculous claim! They're hinging on my not displaying a permit, even though you can see the permit in my car windscreen; I've not made much of the permit in my statement as you can see it in the windscreen in both my photo evidence and theirs but now wondering whether I should have sent a clearer/close up picture of it or a statement from someone at our agency saying it is actually a permit?? Even though we (the armtrac guy and me) all know it is a permit will i need to convince the judge (or whoever!)??! And can I add evidence at this late stage??

[ostell]

They can not have something up their sleeve. If they present new evidence then you ask the judge to ignore it.

[Wave_Rider]

To add, I do say in my statement that I have a permit and that I am clearly displaying a permit but basically my whole defence/statement is pitched more at the fact that where I am parked is not in the patrolled area, is not part of the patrolled area, and is not signed as such; their whole claim is pitched at my parking without a permit within the patrolled area (complete with accompanying drawings and pics of the car park, where I want actually parked??)... It is truly silly!!

Might they not even turn up to court??

[ostell]

So you just point the judge to their evidence showing the permit on display.

[Wave_Rider]

Well ok, I just can't believe they would go through with this it's ridiculous.... Will i automatically be awarded compensation for loss of earnings etc in the case of my winning (or a no show!), Do you think? What is normal?

I really appreciate your input ostell, btw, you guys have been super reassuring!

[Wave_Rider]

just now received this!

"Good Morning,


We act for the Claimant.

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing on 17/12/2018.

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.

Regards"


Surely this means they know they will lose? But i still have to go?

[ostell]

Yes, you still go to court and prepare a skeleton argument, ie what you want to say in court, and include all the things you object to in their statement and try and show why it is not true.

Take along those (I presume emails) showing that you told them about the evidence that contradicted their claim.

Normally you can only claim a maximum of £96 for 1/2 a days pay (take pay slips) and your travel and parking costs. If you can persuade the judge that they have been unreasonable with continuing then you may be able to claim more. Type it all out, your time at £19 ph, postage etc. it's worth a punt.