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SIP Court case help

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  • lafferdog
    lafferdog Posts: 61 Forumite
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    They are denying receipt of my original appeals, which were almost a year ago so no way of proving I sent them which is a bit of a worry.
    Pics are date stamped and correct, there is no pic of the actual sign, just a graphic of it and measurements of how big it was.
  • [Deleted User]
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    Check that the graphic is the same as the signage on site. Wording varies across different sites and is of course the basis for the alleged contract. It is also why the Claimant is unlikely to make the full amount of the charges now sought stick
  • lafferdog
    lafferdog Posts: 61 Forumite
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    Johnersh wrote: »
    Check that the graphic is the same as the signage on site. Wording varies across different sites and is of course the basis for the alleged contract. It is also why the Claimant is unlikely to make the full amount of the charges now sought stick
    The actual site no longer exists so hard to say if wording is the same.
  • lafferdog
    lafferdog Posts: 61 Forumite
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    Just thought I have the original appeal document and the date it was created, doesn't prove I posted it but proves that I made one on that date, would that be worth taking long? I guess I could screenshot it or take it on my laptop?

    If it comes down to them just denying receipt of it, even though I phoned them and they said they don't respond to appeals, someone at Gladstones told me the same, how will that play out?
  • System
    System Posts: 178,094 Community Admin
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    edited 6 July 2017 at 6:59PM
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    The actual site no longer exists so hard to say if wording is the same.

    Use Google Street View as sometimes you can go back in time to see the type of signs in place. But you must point out to the judge there is no evidence the signs were there at the time - unlike council wardens who have pics of the car and the signs on the day.

    Edit: Can't recall if you have given the name of the site but there will be a POPLA appeal / court case out there where SIP have already provided the information previously for you to check. Most of their sites will have had an appeal or even a court case where there is a possibility of the real signs have been submitted. So ask around.
  • lafferdog
    lafferdog Posts: 61 Forumite
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    what do you think about them denying receipt of my appeals? Should i print out the fact they were created on the dates I claim to have sent them?

    Do I mention I spoke to them on the phone and they both said they dont respond to claims?
  • Umkomaas
    Umkomaas Posts: 41,363 Forumite
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    Do anything which you feel will help your defence.
    Please 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.

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  • lafferdog
    lafferdog Posts: 61 Forumite
    edited 7 July 2017 at 6:47PM
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    I just called the court an their witness statement isn't filed yet. They said I could mail to say I have checked and it was late, do I simply say in the email that I want to log that their witness statement is late?

    I am intending to submit costs on Tuesday, should I send this email now or both together on Tuesday?

    Just to add thats mail the court to say they were late with their WS.
  • Coupon-mad
    Coupon-mad Posts: 131,806 Forumite
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    I would email the court now, to point out the claimant's WS is late/not received. After all, that email will just be to the court, whereas on Tuesday you will be emailing the court and Gladstones with the costs schedule.

    Don't worry that they are denying receiving an appeal. SIP would have refused it anyway, because IPC firms always do.

    And yes, you could include in the bundle you take to court, a screenshot of the creation date of your appeal letter and you can rely on the Interpretations Act, a letter posted 1st class is 'deemed delivered' 2 working days later. You appealed, say so and be confident and come across as an honest witness (parking firms struggle with that).
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  • lafferdog
    lafferdog Posts: 61 Forumite
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    Sent everything I need to, hearing is thursday. Just going to do some reading on right of attendance and get the number to text ready. Other than that I have made some notes on things like the interpretations act.

    Does the screenshot of the creation date of my files need to be emailed to both too? Or just take it along?
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