BW Legal - Letter Of Claim

[terry178]

Thanks Ostell. I agree, of course. But I was told courts don't care about specifics like that, and it will just be "assumed" that the vehicle was parked. Call me a stickler, but if someone wants to take me to court for PARKING, then I bloody well demand some evidence of some actual PARKING! Having said that, a 2 hour parking ticket was obtained in this instance, which they know.

Thanks for your points, I shall note those for my defence.

[charitynjw]

In civil law, the standard of proof is 'balance of probabilities'.
They do not have to prove 'beyond reasonable doubt'.
That said, of course there are times when a *car park is full, & the driver goes around waiting for a space to become free.
Or perhaps is blocked in by other vehicles.
But, depending on the judge, imho you would need to show that this was, or at least it was likely to be, what occurred on the relevant occasion.

*Like last Xmas Eve....I drove into a Morrison's, it was so packed I couldn't find any spce & it took 45 mins to get back out.....without having any success at parking.
Is bread sauce absolutely necessary?

[terry178]

HA HA HA HA - Yes it bloody well IS!!

Good point, I am aware of the balance of probablities thing - I spent 8 years fighting a large legal case where the entire thing rested on that point really, I shouldn't be forgetting it in a hurry but I appear to be doing so! Of course, trying to make a Judge feel 51% sure the vehicle drove around for 2 hours is not easy, and a tad harder with a 2 hour ticket paid for! I will leave that alone, but I still see the relevance of Ostell's point which seems more procedural, namely that POFA dictates that they MUST specify "period of parking" and they simply can't do that without proving any parking took place. Although again, the Judge may think (on balance of probabilities) that, since a ticket was purchased, it was probably parked! Hopefully he doesn't take that view as strength enough to ignore their POFA failures, because my understanding is that is not how it works. All good learning this, thanks very much both of you. Really can't tell you how much I appreciate your time and knowledge.

[terry178]

PS - Claim Form numbers look a bit bigger than the NTK sum of £100. All part of the game I am sure, like aiming 12 feet high with a 1000 yard shot, hoping to get somewhere near the target

[charitynjw]

PS - Claim Form numbers look a bit bigger than the NTK sum of £100. All part of the game I am sure, like aiming 12 feet high with a 1000 yard shot, hoping to get somewhere near the target

4(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[terry178]

Thanks. Doing the AOS now. The defendant is my wife. I am handling this from start to finish as far as we are concerned, but not sure when this will become an issue, perhaps now with AOS? I note on the last page it mentions "litigation friend" (husband would be better, but que sera sera!). Is it best to get her to sign, or could I do it? I will be the one going to court and I think I should go on my own. Might help to deter the Judge from asking who was driving etc. Is any of this possible or a pipe dream and she must be there?

https://i.snag.gy/S1kXym.jpg - They have already admitted they didn't send a compliant PAP letter. Can they threaten a CCJ

[charitynjw]

As litigation friend you can't go into the hearing on your own; the Defendant also needs to be present.
Yes they can still action a claim without having sent a PAP, but sanctions (usually adverse costs) should apply.
Make sure you highlight their failing, esp in your written defence.

[terry178]

Thanks. Damn that's a pain. We have 5 kids, a plethora of animals (some poorly with flystrike), two disabled dependents.... both out at same time is always difficult but will have to make it happen. It's a shame I couldn't go alone. Maybe need to get a law degree (actually always wanted to, bit old in tooth now!)
I will certainly highlight their failures in my defence, thanks again for such great advice.

[terry178]

After a bit of research, it looks like I will be hoping to attend court and speak on wife's behalf as a "Lay Rep", rather than anything else. Does that sound correct?

[terry178]

Sorry, it looks like I bookmarked someone else's thread and marked it as my own (this end), hence most detail is on here but I will carry on from here on my own thread - https://legalbeagles.info/forums/for...-overdue/page2
thanks