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ES Enforcement County Court Claim

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Comments

  • Dot2101
    Dot2101 Posts: 60 Forumite
    yes sorry I do mean Spinningfields!
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    f i am referring to transcripts do i need to print the whole transcript?
    Yes, but you quote the specific passage you're relying on in your WS and refer to it as exhibit DT1, page 'xx' of this bundle. Highlight the passage within the transcript - you want the judge to be able flick straight to the relevant section.
    does it matter that I don't have any in some cases, i have pointed 3 out in the roboclaim section but i can only find details about one of them.
    You can still refer to other cases by quoting the case no. and as much detail as poss - location, date, judge, parties involved. It's not as good as having the transcript but can still be persuasive.
    do i need to print the full POPLA report, it is very long
    No, just print the page you relying on (page 13, i think)
    and I am not entirely sure if this should remain as one of any arguments anymore??
    Not sure what you mean here.
  • Dot2101
    Dot2101 Posts: 60 Forumite
    Coupon mad suggested to be honest... particularly as I have seen the images that they have of the vehicle and it is quite clear who the driver is...

    Do you suggest that I defend this as I am unsure of who the driver is? in which case should i refer to this in my partners witness statement who admitts that she was on the site and entered the vehicle?

    Sorry I am getting lost in this now as to which way is best to argue the case
  • Dot2101
    Dot2101 Posts: 60 Forumite
    and I am not entirely sure if this should remain as one of any arguments anymore??
    ” Not sure what you mean here.
    I mean that if I am admitting that I am the driver then is POPLA around not presuming I was the driver relevant anymore?
  • Coupon-mad
    Coupon-mad Posts: 131,287 Forumite
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    Dot2101 wrote: »
    Coupon mad suggested to be honest... particularly as I have seen the images that they have of the vehicle and it is quite clear who the driver is...

    Do you suggest that I defend this as I am unsure of who the driver is?

    No, Lamilad was saying you choice of wording made little sense.

    Because the photos show it was you and to make your hearing easier for you to argue with an honest account, be clear you were driving and drop: ''but as per the POPLA 2015 report this cannot be presumed by the Claimant''.
    Dot2101 wrote: »
    I mean that if I am admitting that I am the driver then is [STRIKE]POPLA[/STRIKE] POFA around not presuming I was the driver relevant anymore?

    That's right, POFA is not relevant to you. Nor is the POPLA Annual Report, nor anything about 'no keeper liability'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Dot2101
    Dot2101 Posts: 60 Forumite
    Sorry for my mistake around Lamilads wording, understand now.

    Thank you for confirming of which bits I should scrap. To confirm my points about notice to keeper do not stand now?
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    20. Lord Denning’s Red Hand Rule
    When re-visiting the retail site I could not see of any signs by the double yellow lines to suggest that the lines should be followed in accordance to the Traffic Act. If the car park did not wish for any cars to stop for any time period then there should be clear signage to indicate this.
    Under Lord Denning's Red Hand Rule, the charge (being 'out of all proportion' with expectations of drivers in this car park and which is the most onerous of terms) should have been effectively: 'in red letters with a red hand pointing to it' - i.e. VERY clear and prominent with the terms in large lettering, as was found to be the case in the car park in 'Beavis', exhibit xxx.

    Speaking of transcripts, I take it you will include Vine vs Waltham Forest to support this paragraph?
    https://bmpa.zendesk.com/hc/en-us/articles/211744405-Vine-v-Waltham-Forest-London-Borough-Council-2000-
  • Dot2101
    Dot2101 Posts: 60 Forumite
    Hi yes I will be doing, I had it listed as 2 paragraphs below this but I will bump it up to where you have suggested thank you
  • Dot2101
    Dot2101 Posts: 60 Forumite
    Hoping to get this polished off tonight so I will add in the final version to here. The deadline for submission of the statements is a week today the 28th march so I am aiming to post it 1st class recorded to court on Thursday and email gladstones their copy.
    Do you do a contents page for the exhibits?
    Lamilad touched on the wording to reference transcripts DT1 then the page number. Do I begin all exhibits with DT or is this just related to when referring to transcripts.
    Thank you for all of your help wouldn't get this far without the help from this forum!
  • Coupon-mad
    Coupon-mad Posts: 131,287 Forumite
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    Do you do a contents page for the exhibits?
    Yes, I would do an Index.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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