County Court Claim for PCN charges that i intend to defend

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Do i need to do anything extra notification wise to put forward my new defence (bearing in mind the original defence only dealt with the lack of Particulars in Claim) .

Strictly we shouldn't do that, but we will add some points in to the witness statement. What those will be depends on what they send (or if they send last minute and you don't have time to see it before submitting yours).

Wait until last minute to send for this reason but prepare prepare prepare.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Hi there . Its getting close to the time where i need to send off my documents to the court. Does the modified witness statement need sending as well or just the copies of the proof i intend to bring to court i.e. copies of photographs showing my cars partial ticket showing serial number(taken from Armtracs own website) , copy of my actual parking ticket etc.

Court case is on 21st April

Best Regards Jack

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Witness statement too.

Wednesday is the best day for this, hopefully they'll send today and we can incorporate whatever bullshit they send.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Gladstones sent the bundle this morning by email , but i've only just picked it up . Is there somewhere i can send it intact as its quite lengthy and will take quite a while to sanitise.

I'm intending delivering my witness statement by hand on Thursday.

Thanks ...... Jack

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

[MENTION=49370]Kati[/MENTION] can take it i'd imagine. Address in my signature.

I won't be around until late on thursday but should be around most of wednesday.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Thanks , have just emailed the bundle its in pdf file and about 10mb. Hopefully it came through ok.

[Kati]

Re: County Court Claim for PCN charges that i intend to defend

Got it and redacted [MENTION=93393]Jack Frost[/MENTION] ... Here you go [MENTION=5354]mystery1[/MENTION] xx

Such a professional image on page 5

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Have you looked through it [MENTION=93393]Jack Frost[/MENTION] ?

Anything stand out to you ?

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

I , just re read it . He hasn't signed the statement of truth ?

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

I , just re read it . He hasn't signed the statement of truth ?

It's a question, not a test.

It's easier for you to spot lies and half truths than it is for me, with the fact specific parts.

I assume the signature has been redacted by you/Kati.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

No it all looks about right . Only thing different is in the appeals i included a larger easier to read picture of the ticket in the windscreen , they have left that out though the picture is there on their collection , its just smaller and serial number harder to read.

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Can you explain the ticket, what you did, where you put it etc

Back in half an hour.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

The ticket was stuck on the windscreen using the supplied sticker , it was stuck low down on the windscreen say 6 inches above dashboard level . Was stuck there when i left the vehicle , but upon return , sticker part was on the top of the dash which can be seen through the windscreen on the photos , the ticket part was on the floor. Its almost certain that the heat from the proximity of the black plastic dash and , hot sunny day caused the glue to heat up and detach from the windscreen.

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

IN THE*[TOWN]
COUNTY COURT
CASE No.
BETWEEN

*
[IVOR PROBLEM]
Claimant
*
AND

*
[JUSTIN TIME]
Defendant
*
Witness statement


1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx

2. Exhibited to this witness statement at xxx are the following documents upon which i wish to rely

ticket photos etc (labeled)

3. I am the registered keeper of vehicle xxxxx.

4. I was the driver on xxxxx

5. I entered the car park at Xxxx.

6. I purchased a ticket for £ which covered x hours parking.

7. I returned to my vehicle and affixed to the windscreen as per the instructions.

8. I went to xxxxx and did xxxx before returning to my vehicle within the time i had paid for.

9. Upon return i discovered a PCN on my vehicle.

10. Upon inspection of the PCN i discovered that it was for a ticket not clearly displayed.

11. I checked my ticket only to discover that it had fallen off the windscreen on to the dashboard. It appeared that the glue, which was on the ticket produced by the machine, had not been strong enough to withstand the sunshine.



Statement of truth

I believe that the facts stated in this witness statement are true.






Obviously you need to edit and we need to do a skeleton argument to supplement this.

M1

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

IN THE*[TOWN]
COUNTY COURT
CASE No.
BETWEEN

*
[IVOR PROBLEM]
Claimant
*
AND

*
[JUSTIN TIME]
Defendant
*
Skeleton Argument of the defendant


1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx

2. I contend that this case boils down to whether or not a ticket was on display.

3. On page 13 of the claimants bundle there is an email. Within that email the claimant acknowledges that there was a ticket on displayed, however, it was upside down. As the claimant was sent a copy of the ticket and their machines would have confirmed the purchase then i would submit that essentially the claimant is coming to court to argue that a ticket, which has been paid for, cannot be upside down. I would urge the court to dismiss this claim as the matter is "de minimis". and award me costs.

4. In the alternative i would submit that there has been no contravention. My position is that i affixed the ticket to the vehicle, as instructed, and that i cannot realistically be expected to stay in my vehicle to see if the materials supplied by the claimant are up to the job. This would defeat the very essence of the car park which is designed so that people can leave their vehicles unattended whilst they do their business. As there has been no breach of contract then no contractual penalty can be applied. The case should be dismissed with costs.

5. This skeleton argument is in addition to the points regarding cancellation rights in my defence.

6.The claimant contends that they supplied brief particulars of claim the first time due to the restrictive nature of the online system for lodging a claim. The guidance for such states not to use it if the claim won't fit or to use the option of sending separate particulars of claim at a later date.







Whilst you could rebuff Beavis etc i think we need to stick to this winning argument (imo it has to win) (don't want the judge to think you are trying to weasel out of it). They cannot prove you didn't follow the rules only that it wasn't stuck at a later time. (proving you didn't when you did should be impossible)

M1