Gemini, Gladstones, SCC, Hospital car parks

Coupon-mad

#10 conflicts with #12 in a way - so decide now if you will be appearing as an admitted employee/driver, or not saying who was driving which makes it harder in front of a judge.

AntrimMark

Can't I be keeper and have a long term contract with the landowner, yet not be driver?

Coupon-mad

Yes, as long as you are clear this is your stance, at a hearing.

AntrimMark

Does anyone know how I can get a transcript of the case referred to in #8 (District Judge Cross of St Albans County Court on 16th September 2016)? All I can find at the minute is a scan of the ruling.

My argument atm is based on the following in this order:
1) Woefully inadequate particulars of claim, alleging breaches on three occasions on a site with at least four parking areas, each of which are designated for different purposes, not identifying which one the vehicle was parked in on each occasion and providing no information.

2) It can't be assumed that I am liable as keeper therefore they have to demonstrate full compliance with PoFa to pursue me as keeper. They can't prove who was driving and the keeper has no lawful obligation to tell them unless they prove that they have complied in full with PoFA. I haven't seen the PCN or NTK for any of the alleged breaches (although that's not to say they haven't sent them and may yet provide them as evidence). If they do provide them can anyone with experience advise what specifically I should be looking for on a Gemini issued PCN or NTK to demonstrate it doesn't comply in full?

3) If the vehicle was in a visitor car park there is no contract with me (irrespective of driver or keeper) as a member of staff, the landowner states in their parking policy and on parking permit rules that "staff are not permitted to park in visitor car parks" meaning no contract was offered by the landowner. Can anyone advise how I assert that the landowner's parking policy takes precedence over the parking company's signs?

4) If the vehicle was in a staff parking area then parking had been paid for (irrespective of driver or keeper), proven by permit and wage slips. If the permit was not visible the parking company should have checked against a list of permit holders (the car park is barrier access and fob controlled) before issuing a PCN.

5) If the vehicle was in a staff parking area the parking company's own signs are forbidding "Permit Holders Only" and no contract was offered.

6) If all that fails then I have video and photos of signs to attack.

Any further advice on the above, including useful case transcripts would be helpful. I'm submitting the pack tomorrow.

I'm assuming at this point they will have to submit PCN's and NTK's with their WS that I can then scrutinise and attack in my skeleton argument?
And also photos of where the vehicle was allegedly parked? One visitor car park has no signs or pay machines at all on the entrance or pedestrian exit, I'm hoping it was that one.

Coupon-mad

There are no transcripts of most cases, only Blogs by the Parking Prankster. You can't get transcripts unless the parties involved have paid for them and made them available at the time (as per the 'case' law' pages hosted by the Prankster).

AntrimMark

At what point do I need to notify the court the the Defendant is having a Lay Representative and do I need to give reasons?

Redx

AntrimMark wrote: »

At what point do I need to notify the court the the Defendant is having a Lay Representative and do I need to give reasons?

some excellent info in other court threads on here, like this one

https://forums.moneysavingexpert.com/discussion/5510516

and

https://forums.moneysavingexpert.com/discussion/5567539

believe me , we rarely see any new questions on here , just a rehash of S.S.D.D.

Coupon-mad

On the day, by getting there in good time and informing the Usher, and passing over your Lay Reps info, in case of query, like here:

https://forums.moneysavingexpert.com/discussion/comment/72508145#Comment_72508145

AntrimMark

Thanks, the links are very useful.
In my opinion its better to read and understand the salient points if you are going to rely on them than having them spoon fed.
Forming my own defence and having you guys critique it is giving me confidence that we can pull this off.

Coupon-mad

We believe you can, over 99% do!