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Urgent advice kindly requested - County Claim (Gladstone Solicitors)
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Re Points 9, 10, 11 - I would state explicitly that the signage doesn't meet the guidelines you quote.
Does the area in which you parked appear to be public highway? Is there anything at the entrance to indicate you are entering private land? If there is not it is probably worth stating explicitly. One of the facts that went in the favour of the motorist in 'Vine vs Waltham' was that the site in question appeared to be public highway.0 -
muleskinner wrote: »Re Points 9, 10, 11 - I would state explicitly that the signage doesn't meet the guidelines you quote.
Does the area in which you parked appear to be public highway? Is there anything at the entrance to indicate you are entering private land? If there is not it is probably worth stating explicitly. One of the facts that went in the favour of the motorist in 'Vine vs Waltham' was that the site in question appeared to be public highway.
By public highway, do you mean does it look like a regular public road? If so then no, this was a residential parking area0 -
Yeah, that's what I meant.0
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So it sounds as if my witness statement is ready to be sent, just wanted to double check the other supporting documents I plan to send:
- beavis case sign
- photos of site / signage
- driver's perspective video to be emailed
- copy of my defence that was sent before
- IPC code of practice
- IPC example sign picture
- PCM vs Bull transcript
- POPLA schedule 4
- Vine vs Waltham Forest transcript
Is that all?
Thanks!0 -
I assume you are putting a paginated bundle together for court.
(Each page in this bundle having a unique page number).
You would put your witness statement and evidence in there.
Contents page of what is included.
Suggest hand delivering to court and email Claimant.
I was told by a legally trained person on here that you don't need to include the transcripts of cases in your bundle.
They can wait until the day if the judge wants to see them. (i.e. a legal pack with 3 copies of each for the day)
Were you asked to produce a paginated bundle in the court letter you were sent when your case was assigned to your local court?0 -
I assume you are putting a paginated bundle together for court.
(Each page in this bundle having a unique page number).
You would put your witness statement and evidence in there.
Contents page of what is included.
Suggest hand delivering to court and email Claimant.
I was told by a legally trained person on here that you don't need to include the transcripts of cases in your bundle.
They can wait until the day if the judge wants to see them. (i.e. a legal pack with 3 copies of each for the day)
Were you asked to produce a paginated bundle in the court letter you were sent when your case was assigned to your local court?
Thanks, I wasn't asked to send a paginated bundle, just the supporting evidence. It might be a bit time consuming to paginate and collate everything so I was thinking of simply making each of the above into a separate group, and then referencing them as needed0 -
Time consuming for you could mean time saving for the judge. Who you want on your side.
Make yours look impressive, next to the shoddy attempts from the "professional" (in status if not conduct) firm and you are ahead....0 -
Thank you all for your helpful suggestions. I've printed, collated, appendixed, made clear all my documents with a contents etc.
Posted a copy to the court and to the claimant. Emailed a zipped copy to court and claimant also just in case.
I think we're all set for now - just waiting for the end of this week (cut-off for 14 days before court date) to see whether the claimant even sends anything over.
Can I assume that if I don't receive anything from the claimant by the cut-off, that they won't be going ahead? Or does it still go ahead but I have to be firm on the day and say that I don't accept that any new evidence is included?0 -
Can I assume that if I don't receive anything from the claimant by the cut-off, that they won't be going ahead? Or does it still go ahead but I have to be firm on the day and say that I don't accept that any new evidence is included?
I would give them a couple of days and call the court and confirm if they have received anything.
Then come back to the forum if/when you do receive it for further advice.
At this late stage I would keep preparing your case and turn up on the day.
If they try to hand you anything on the day then politely refuse it.
HTH0 -
Can I assume that if I don't receive anything from the claimant by the cut-off, that they won't be going ahead?
I can’t see P&PM pulling out (unless there’s been a glaring foul-up by them somewhere along the way) - they have become one of the most litigation-happy PPCs in the country over the past 12 months.
http://www.bmpa.eu/companydata/Parking_and_Property_Management.htmlPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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