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#Post#: 124226--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: ashthemash
Date: July 9, 2026, 2:02 pm
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Apologies, I got distracted by illness and other things in life.
I will post the notice of allocation from the court shortly.
#Post#: 124227--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: ashthemash
Date: July 9, 2026, 2:14 pm
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Here is the notice of allocation:
HTML https://i.ibb.co/VYSq5dZ5/Notice-of-allocation-v2.png
#Post#: 124228--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: jfollows
Date: July 9, 2026, 2:19 pm
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The claimant has to pay the court fee by 19 June - did they pay?
Both parties - including you - have to submit Witness Statements
by 3 July. Did you? Your last post doesn’t look like a Witness
Statement to me, but it may be better than nothing.
We can give you advice but you need to stay on top of the
process. If you’re too distracted by other things, please don’t
waste our time.
#Post#: 124229--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: ashthemash
Date: July 9, 2026, 3:01 pm
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Okay, a bit too harsh, but I will eat the humble pie, I suppose.
I certainly did not intend to waste your time. I do not know how
to find if the claimant paid their fees or not. Yes, I am late
in uploading my statement but I know its upto the judge to
decide whether they will accept it or not. If you do not want to
help you can simply say that rather than giving me a dressing
down.
#Post#: 124362--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: jfollows
Date: July 11, 2026, 2:34 am
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Write to the court manager as per the letter of allocation if
you want confirmation that the hearing is going ahead because
the fee has been paid, or just assume that it will be in the
absence of getting this information.
I guess the fact that the claimant has submitted a WS means that
they intend to proceed, they would not have gone to this effort
were they planning on discontinuing.
The original PCN is included in the recent post from you,
showing a parking period of 14:29.26 to 16:06.58. Free parking
is limited to 1 hour acording to the signs in the same post.
So how will you defend this if it goes to court? The claimant
will maintain that the signs are clear and therefore the driver
entered into a contract under the stated terms, although I can’t
clearly see anything stating £70/£40 for overstaying.
You seem to be arguing that 1 hour is too short a period of free
parking, so do you have evidence why this might be the case? The
counter-argument might be that if you don’t like it, don’t park
there, and many people find it long enough, plus I believe you
have the option for paying for longer parking also.
You originally mentioned PoFA 2012 so, since you have not
identified the driver, are you making any argument of
non-compliance so the registered keeper can't be liable?
If it goes to court, how do you explain your posted defence? I
know you got it from here originally, but it’s a
boilerplate/template which, more recently, has been struck out
because it does not address the claim, it just moans about how
bad the Particulars of Claim are. Of course, in your case it
hasn’t been struck out.
#Post#: 124458--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: ashthemash
Date: July 12, 2026, 4:10 pm
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Here is my witness statement. It's not same as the one I posted
here, i think i may have a decent chance here.
HTML https://drive.google.com/file/d/1Dsbdp1w2ZkUAkG-xE9rUSDSoa0Dr1IrF/view?usp=sharing
#Post#: 124466--------------------------------------------------
Re: Legal claim received for Parking in Tesco
DIR By: InterCity125
Date: July 13, 2026, 2:35 am
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There's certain aspects of your witness statement which are too
specific and which you could hold back until the hearing.
Think tactically here.
The problem their witness has with the issue dates is one where
you could win on the day by raising these points at the hearing
- their legal rep will not be able to combat your points as they
will not be prepared for them.
If your WS points these errors out in advance then you give them
a chance to sort their case out with either a Supplementary
Witness Statement or additional points which could be clarified
by their legal rep on the day.
Once you get to the hearing you would then present the
inconsistency and state something along the lines of;
"I draw the Court's attention to the fact that the alleged
parking contravention occurred on 14th September 2024. The
Claimant's Exhibit GS-4 shows that their PCN was prepared on
19th September 2024. The date shown on the PCN does not
demonstrate the date of posting and I have raised this point in
previous correspondence with the Claimant. I can state that I
never received a PCN from the Claimant within this time period.
In her Witness Statement, Deanne Nevers then appears to
acknowledge that the postal PCN wasn't actually sent until 20th
October 2024. This issue date is well beyond the 14 day period
allowed under Protection of Freedoms Act 2012 in order to invoke
what is know as 'keeper liability'. With the driver unknown and
no POFA keeper liability, there is no route to liability in this
Claim."
#Post#: 127293--------------------------------------------------
Re: Legal claim received for Parking in Tesco - Won
DIR By: ashthemash
Date: August 8, 2026, 3:34 pm
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I have not recieved the order yet but I won the case and claim
was not allowed. I was able to claim loss of earning for
attending the court and travel expenses.
The court had not received the claimants witness statement and
they did not attend the hearing.
The judge said that even if he had received the statements he
was unlikely going to allow the claim as he agreed with the
defence that the Particulars of claim were insufficient for the
defendant to plead properly.
Thank you for your support and help everyone!
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