CCJ - Parking Control Management

[mystery1]

Re: CCJ - Parking Control Management

In regards to the reply to the witness statement, is that just an email I send to them and then attached MY witness statement? Or a separate letter and email both to Gladstone and also send to court?

Email it, i would phone the local court and get their email address too.

I did not receive anything except the claim form. No notice to driver, no letter before action. On the witness statement, do I address their bundle and witness statement or just stick to the story with receiving the claim, asking them to replead etc?

The other email addresses their witness statement so just the claim etc. Also add in that you are the registered keeper.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

I am preparing my witness statement. So far just addressing the POC. Do I need to address the actual witness statement at all or am I ignoring that as it does not relate to the POC.

Also, with the email I am going to send GLadstone, do I take a copy and forward that onto the court along with the witness statement. Or would it make part of the witness statement, saying the defendant send the solcitors an email etc etc EXHIBIT XXX???

[mystery1]

Re: CCJ - Parking Control Management

Adress the witness statement in an email to both.

So 1 email with your witness statements and exhibits to both then another email expressing concerns at the Philpott witness statement. Send to both.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Adress the witness statement in an email to both.

So 1 email with your witness statements and exhibits to both then another email expressing concerns at the Philpott witness statement. Send to both.

M1

Would the following witness statement be ok?

IN THE COUNTY COURT AT UXBRIDGE

CASE NO: XXXXXXXXX

PARKING CONTROL MANAGEMENT (UK) LIMITED - (Claimant)

AND

XXXXXXXXXXXXXX – (Defendant)

1. I, XXXXXXXXXXXX, of XXXXXXXXXXXXX, am the defendant in this case. The facts and matters set out in this statement are within my own knowledge unless otherwise stated and I believe them to be true.

2. I am the registered keeper of vehicle registration XXXXXXXXX

3. I received a county court claim form via post on or around 12^th May 2016

4. In order to defend the case I emailed Gladstone Solicitors, working on behalf of the Claimant, on 20^th May 2016 asking them to replead their case as it was poorly pleaded and vague at best. Evidence seen in EXHIBIT 1.

5. On 2^nd June 2016, as no response had been received to the email dated 20^th May 2016 (EXHIBIT 1), the defendant followed up the email with a phone call to Gladstones Solicitors to attempt to resolve the issues in the Particulars of Claim, in order for the defendant to adequately defend this case. The defendant spoke XXXXXXXX, an employee of Gladstone Solicitors. Phoebe confirmed they had received the email (Exhibit 1). The defendant was informed the Particulars of the Claim were complete and could not be elaborated on, therefore the Claimant would not replead their case, even though the defendant made clear they had no idea what the claim related to and had not received any letter from the claimant or letter before action from the solicitor.

6. The defendant received an email on 23^rd June 2016 from XXXXXXXXXX, of Gladstone Solicitors. The email included the directions questionnaire and a request for a paper trial. Evidence seen in EXHIBIT 2.

7. The defendant replied to the email from XXXXXXXXXXXXX, and explained why the case was not suitable for paper trial. The defendant reiterated the glaring issues in the particulars of claim. Evidence seen in EXHIBIT 3.

8. On 7th July 2016, the defendant emailed the direction questionnaire to XXXXXXXXXXX, at Gladstone Solicitors. The defendant again pointed out the issues surrounding the particulars of claim. Evidence seen in EXHIBIT 4

Statement of Truth


I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________

[mystery1]

Re: CCJ - Parking Control Management

Looks fine to me.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

I've filed my witness statement with Gladstone and the court now, and emailed both the 2nd email that [MENTION=5354]mystery1[/MENTION] suggested which addresses the philpot witness statement.

I guess now the only hope is that the court throw it out when we go in December. A little bit nervous, as I have no addressed the actual parking 'offence' at all and my whole case is based on the vague POC. Fingers crossed I will have a judge that will see how pathetic the claim is. If he asks allows it to proceed beyond that, i'm pretty much stumped

[emanresu]

Re: CCJ - Parking Control Management

Drop a line about your case to JohnMcDonnell MP. The site is on his patch.

There are issues with the signs there. First on entry is an offer. Second is the actual contract terms and importantly has no "grace period". You can't actually see the terms until after they take the pic. He's got Trading Standards on the case so your letter should go into his pile so TS can work on it.

[HelpCCJ]

Re: CCJ - Parking Control Management

Drop a line about your case to JohnMcDonnell MP. The site is on his patch.

There are issues with the signs there. First on entry is an offer. Second is the actual contract terms and importantly has no "grace period". You can't actually see the terms until after they take the pic. He's got Trading Standards on the case so your letter should go into his pile so TS can work on it.

Thank you @emanresu . That is very helpful. Will drop him an email shortly.

[HelpCCJ]

Re: CCJ - Parking Control Management

Should I be preparing anything to dispute the actual parking 'offence'? Just in case the judge allows the case to proceed with the vague POC's?

[mystery1]

Re: CCJ - Parking Control Management

Yes, but no hurry yet. Plenty time before December.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

hi [MENTION=5354]mystery1[/MENTION]

My case is due to be heard on 7th Dec. Just wondering if you could give me a hand please. I know the defence filed is for the lack of information on the particulars etc. However, if the judge dismisses that, do I have any grounds on the so called offence itself?? Also, do I need to take folders/documents with me?? I'm not very organised so would appreciate any guidance etc. Thank you

[mystery1]

Re: CCJ - Parking Control Management

Did you send anything in as directed by the court ? (witness statement or anything at all)


Did they send anything to you ?

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

[MENTION=5354]mystery1[/MENTION]

Thank you for the prompt response.

The last thing I had from the court was the date of the hearing. The only thing I have sent is the defence as per this thread, and the direction questionaire etc

[mystery1]

Re: CCJ - Parking Control Management

What about receiving ?

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Nothing from the court or the other side for a while.

Last thing from Gladstone was the documents about the parking, which I uploaded on here. What should I have received in addition? I'm checking my junk mail but nothing in that either.

I'm just hoping I haven't received post and its been misplaced by the better half!