Help needed! In Court next week vs private car parking firm

Insanity200

Hi,
I'm in Civil court next week and need some help regarding my case.

My defence was mostly about the signage not striking a contract with the driver for parking on private land. I'm going to have to try very hard to convince the judge my arguement with this.

However, the car parking company submitted evidence 3 days after the court deadline, along with a workmate who also was ticketed the same day, they are also in court on the same day. Now, the evidence they submitted to my workmate shows their operational boundary. This would clear me of any wrongdoing whatsoever as my vehicle was parked outside that boundary.

Now, my question is, I can obtain this information and easily use it in an appeal, but I don't want this dragging on. Is it possible to bring up (if my workmates case is first) evidence from that case? Or what other options do I have to try and point out their mistake?

Thank you

Tilt

Were you supplied with copies of the evidence submitted by the claimant? Did you formally object to the evidence being submitted after the court dead-line? 3 days late is taking the urine in my opinion and the judge should not allow it.

Insanity200

Yes, I was supplied with the copy of the evidence. I didn't formally object. I rang the court and enquired. They said the judge may not accept it. So there is a chance they will still have a case. Although they have been late on everything throughout the case recieving a general sanctions order for failing to file a DQ with fee.

Dipak

I agree with Tilt, however i was in a civil court recently and i was the claimant. The defence submitted their defence late and the judge didnt object so it might be dependent on the judge.

Good to know that you can reject things if they are late, i didnt know you could do that.

If you do use the operational boundary information then make sure you serve a copy to the courts and the defence otherwise you wont be able to use it. I would say you have nothing to loose so i'd use it in court.

Hope it all goes well.

Regards,
D

Tilt

Insanity200 wrote: »

Yes, I was supplied with the copy of the evidence. I didn't formally object. I rang the court and enquired. They said the judge may not accept it. So there is a chance they will still have a case. Although they have been late on everything throughout the case recieving a general sanctions order for failing to file a DQ with fee.

Did the evidence tally with that of your workmate's in that it shows the Claimant's operation boundary? Presumably there will also be photographic evidence showing where you were parked also?

As for the late submission is concerned, I would write a letter to the judge asking him not to allow the late submission. Ultimately it's his decision but, along with the fact that the 'invoice' was generated against you outside of their jurisdiction, it would be prudent of him to strike the claim out at this stage.

Tilt

Dipak wrote: »

I agree with Tilt, however i was in a civil court recently and i was the claimant. The defence submitted their defence late and the judge didnt object so it might be dependent on the judge.

Good to know that you can reject things if they are late, i didnt know you could do that.

If you do use the operational boundary information then make sure you serve a copy to the courts and the defence otherwise you wont be able to use it. I would say you have nothing to loose so i'd use it in court.

Hope it all goes well.

Regards,
D

Not exactly. You can make your objections known to the judge who ultimately decides whether to allow late submissions or not. But a respondent cannot actually "reject things if they are late".

Umkomaas

Tilt wrote: »

Not exactly. You can make your objections known to the judge who ultimately decides whether to allow late submissions or not. But a respondent cannot actually "reject things if they are late".

I think the OP needsto make the judge formally aware of the late submission rather than rely on him to 'spot' it. Knowing you are aware of the rule might persuade him not to pass the issue over.

Write in (politely)! Nothing ventured .......

Insanity200

I can't quote for some reason. But in reply to Tilt.
The photographic evidence they suppied was of my bike, from the front (no reg shown at all). The location is undisputable. But they withheld that boundary map from my case.

So I submit the boundary map as evidence to the court and car park company today and hope they accept it?
Court is on tuesday

Tilt

Insanity200 wrote: »

I can't quote for some reason. But in reply to Tilt.
The photographic evidence they suppied was of my bike, from the front (no reg shown at all). The location is undisputable. But they withheld that boundary map from my case.

Question in court; how do they know it was your bike if they cannot provide photo evidence which shows the VRM?

Insanity200 wrote: »

So I submit the boundary map as evidence to the court and car park company today and hope they accept it?
Court is on tuesday

Definitely. Obviously the claimant will already have a copy. State that the map was missing from the evidence submitted by the claimant so your are assisting the court by providing it yourself.

Coupon-mad

Did you submit your own Witness Statement and evidence photos, case law etc., in time? You don't have to but you've missed a trick if you didn't, you can't just rock up with photos & case law and a copy of the 'clear and brief' Beavis case sign (as a comparison!), and if you have never said who was driving, a copy of Schedule 4 printed out (well you can, but it might not be allowed).

As per the NEWBIES thread advice:

''IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

https://forums.moneysavingexpert.com/discussion/5546325

Do not think putting in the defence is your only job. Once allocated to your local court, you will be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours, as bargepole says in the above link!). Here is a witness statement written from a registered keeper who was not driving and you can see it is paragraph-numbered throughout and it references numbered exhibits, creating an organised argument with illustrations/evidence'':

http://forums.pepipoo.com/index.php?showtopic=106959&st=40&p=1225247&#entry1 225247



I think Umkomaas' idea is a good one, if you feel ambushed by new information very late, post a letter TODAY addressed to the presiding Judge in claim number xxxxxxxx and explain your objection and also that there were a lack of particulars of claim, so you feel ambushed now.

Your friend needs to do the same. Send that letter or take it in personally to the court on MONDAY (the day before!).

Coupon-mad

So I submit the boundary map as evidence to the court and car park company today and hope they accept it?

And the evidence and 'WS' I mentioned above if you didn't already - you need evidence to support your defence. I hope you realised that?