30/08/2023

yeah done that too.

Thanks all. I have emailed the bundle and received automatic confirmation from the court. I have also printed and posted it via special mail . Can't thank enough for your help guys.

updated. Thanks NB

Thanks team, I am going to submit what has been put together so far. I really don't want to miss the 4pm deadline. I will keep you updated with the outcome. Much appreciated

Thanks @Nicky Boy, @lookinforinfo , @FTMDave and others who have been helping me. Quite stressful to be honest. Never dealt with this situation in my life before

I appreciate your time and help. I will post it here as well for others to see. witness statment of defendant CAG.pdf

Thanks. I have made all the changes (hopefully) except for the "section DOUBLE RECOVERY and copy everything from that section of Alaska101's WS." a bit confused on this last bit

So sorry as I am all over the place, just getting confused with a lot of information. Appreciate all you guys helping me. Anyway I am making the changes now. So to be clear I am using the last night version of WS now and the paragraph numbers you are referring to are from the last night's WS?

Managed to draft this, thanks for your suggestions throughout. Amazing help I must say. witness statment of defendant CAG.pdf

I could only managed to draft the following to the best of my abilities after spending couple of hours typing and I am sure this will definitely need your expert correction. I have attached both pdf and .doc format for you to amend as you see fit. thanks in advance witness statment of defendant CAG.pdf

Sure I understand and will be posting it here. Many thanks

Just drafting it and should be posting it to you within 30 minutes. Is there a way I can send it to you privately as the draft has my personal information.

Its a plain van and have attached the pictures of the delivery and proof of delivery note also.

Correct the vehicle is not registered at the company's address rather at my residential address.

The address on V5C is the same address that is shown on the PCN however the court letter to came to our new address which is the company registered address and different to the PCN address. Some of the letters and our deliveries went to the other address (salt hill drive and we live at salt hill way), those neighbours used to throw it away. Not sure if they even posted it to us in first place!

Thanks for your swift replies. Which Court have you received the claim from? MCOL Northampton N1 ? YES Claimants Solicitors: Gladstones Date of issue – 16/01/2023 Date for AOS - 31/01/2023 Date to submit Defence - 15/02/2023 What is the claim for – 1.The vehicle parked in breach of the terms of parking stipulated on the signage (the Contract) at PHOENIX AVENUE, GREENWICH PENINSULA (PATROL) SE10 0ER, on 26/10/2021 and 20/10/2021, thus incurring the parking charges (the PCNs). 2.The PCNs were not paid within 28 days of issue. 3. The claimant claims the unpaid PCNs from the Defendant as the Keeper of the vehicle. 4. Despite demands being made, the defendant has failed to settle their outstanding liability. 5.The CLAIMANT CLAIMS £100 per PCN, £70 per PCN contractual costs pursuant to the Contract and PCN terms and conditions, together with Statutory interest of £39.97 pursuant to s69 of the county court Act of 1984 at 10.25% per annum, continuing at £0.10 per day. What is the value of the claim? £479.97 Amount Claimed £379.97 court fees £50 legal rep fees £50 Total Amount £479.97 Have you moved since the issuance of the PCN? No Did you receive a letter of Claim with A reply Pack wanting I&E etc about 1mth before the claimform? No ..................... It is my 1st time on this website and found it amazing otherwise I had decided Sunday morning to file my evidence if it wasn't for a video I was watching on youtube on appealing parking charge notice on a private land that led me to google a template. I am new on this so please bear with me if things requested are not in the right order. I have attached the Claim Form page 1. I have also merged the pdf files together previously uploaded separately. (Page 1-51 is the bundle from Claimant sent to me by email on Friday 28/07/2023, Page 52 was my defence to Claim Form on 15/02/2023, Page 53 is excerpt from subcontractor's contract that they are responsible for any tickets and motor offences, Page 54 Google map of the area of similar roads as ours for missing posts, Page 55-57 proof of delivery from the driver showing urgent medical goods being delivered). @lookinginforinfo we get a lot of our mail goes missing due to having similar address as 2 more streets next to ours in the area, I have attached the google map highlighted that. Also all this happened during COVID days in 2021. We get their deliveries come to our address too which we return back to the drivers.) Hope this is sufficient or if you guys need more information then do let me please. Thanks CLAIM FORM PAGE1.pdf CRT ws bundle claimant-merged.pdf

Hi, Our van was leased to a subcontractor (contract present, if needed) at the time when he was allegedly accused of breaching UK CPM parking rule at Phoenix Avenue, London, SE10 0ER twice in October 2021. The Parking charge notices were not affixed to the vehicle at the time of incidents and we were not sent any of the letters to our address which is the same as the DVLA registered keeper address. We received a letter from MCOL claiming the charges on behalf of UK CPM in February 2023 for these 2 contraventions. Our reply to that claim was, see Exhibit 1. Now the MCOL has sent the claim to a small claim court for a hearing on the 30th August 2023. I have received the other party’s defence via email and I am preparing my defence which must be served at court and to the other party by the 2nd August 2023. I will include the other party’s defence in attachment. Here what I believe this contravention did not take place and the claim to be set aside. 1. We were only made aware of the alleged contravention in February 2023 by MCOL. Prior to this we were oblivious to this. 2. No PCN was issued and affixed to the vehicle – even though the evidence provided by the UK PCM shows 2 pictures taken from the back of the vehicle. No picture taken of any PCN being attached to the windscreen. UK CPM claims we did not have e-permit to enter their regulated area. 3. The subcontractor had no clue of the pictures being taken and that he was in breach of loading bay rules. 4. Subcontractor was carrying COVID-19 urgent samples and delivered to the Laboratory based at Phoenix Avenue, which were marked timely and urgent. 5. We were not given any instruction by the customer of the parking restrictions at the time of booking. 6. We have evidence of delivery being made with proof of delivery and the booking confirmation. 7. Pictures of the sample’s box clearing showing “Urgent”, the reason we have to mentioned this as this had a cut off time of 8pm with the lab for the customers to receive their results for the promise they were made at the time of booking. 8. It was 8pm in October, and the signage were not clearly displayed at the entrance or at the loading bays. 9. No grace period was given for the above, as no mention of this in their letter either, we have proof of driver leaving the lab within 10 minutes of arriving at the lab, shown in proof of delivery note. 10. The company has taken nearly 2 years to get in touch with us to claim the money via MCOL, though they claim they had posted letters to us. Had we received the PCN affixed at windscreen or in post we would have asked the subcontractor to deal with the charges who was responsible as per terms and conditions of the contract (Exhibit 2). 11. We are not liable if their letters did not reach us as we do get mail posted in our letterbox for other similar addresses as ours to our address and likewise our mail goes to the similar address (Ours is Salt Hill way and the other street next to ours are Salt Hill Drive and Salt Hill Avenue) please see attached Exhibit PUL2. 12. The subcontractor left the company in May 2022 and we do not have his current address or contact details with us. But happy to provide his details at the time of leasing the vehicle if asked. 13. The initial PCN was £100 each and now they are claiming £479.97. The claimant wrote in their claim that we got to know the contravention in 2021 yet in response to our reply where I mentioned that “We have only come to know now after receiving this notice that the claimant has issued such notice to our drivers in 2021! There was no correspondence received from the claimant during this period which would have allowed us to defend our case and in an instance of rejection could have benefitted from paying a lower amount” this is a clear misrepresentation of our statement. What would you kindly suggest? Many thanks in advance.