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County Court with Smart Parking

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  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 2 October 2017 at 8:03PM
    You don't need a skeleton argument but have list of notes in frony of you referencing the main points in your defence and the deficiencies you wish to question in their ws.

    It should also have ready made answer to questions you think you may be asked.

    Have you submitted a costs schedule? If not take it with you, along with supporting docs (wage slip etc). If you intend to question rights of audience then take the preliminary matters docs with you.

    You need something to write notes on.

    Yes - you need 3 copies of your bundle with you.
  • Coupon-mad
    Coupon-mad Posts: 152,491 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 October 2017 at 8:07PM
    You can have a skeleton argument if it helps you as a crib sheet, and assists the court to narrow the issues, and if there's anything else you want to exhibit by way of cases and transcripts it can be added with your skeleton.

    Did you quote the right CoP at all times? I was concerned that you mentioned the IPC, wrongly, in one post.

    Also you need to do your costs schedule anyway and file that with SCS and the court. As covered in the NEWBIES thread, with an example.

    Because you can't rely on the POFA (damn!) your best point is unlit signs in the dark/rain, so I hope you got a video filmed by a passenger, in the dark, or decent photos in the dark (no flash!) showing how hopeless the alleged 'contract' was because it couldn't be read.

    If not, do that and file the photos with a skeleton and costs schedule, and say you will be bringing video evidence and your laptop to court to show the signs are not lit or legible at all, after darkness, contrary to the BPA Code.

    Is that possible, or are your photos dynamite already? You have little else to defend on without the POFA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,352 Community Admin
    10,000 Posts Photogenic Name Dropper
    Any chance of putting up their WS. Use Dropbox and take out identifying information. We'll pick at the carcass of their statements and see what we can pull apart.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • emski15
    emski15 Posts: 31 Forumite
    Coupon-mad wrote: »
    Did you quote the right CoP at all times? I was concerned that you mentioned the IPC, wrongly, in one post.

    Also you need to do your costs schedule anyway and file that with SCS and the court. As covered in the NEWBIES thread, with an example.


    If not, do that and file the photos with a skeleton and costs schedule, and say you will be bringing video evidence and your laptop to court to show the signs are not lit or legible at all, after darkness, contrary to the BPA Code.

    Is that possible, or are your photos dynamite already? You have little else to defend on without the POFA.

    In my defence statement I wrongly quoted the IPC, I used the BPA in my WS though. I have noticed that the claim number is incorrect on their WS, is this any help to me? They have also wrongly stated an exhibit.

    I haven't got a video and because smart have been removed from the site, their signs are no longer there.

    Is my costs schedule for me to claim my expenses back if I win?
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    your best point is unlit signs in the dark/rain
    I'm not familiar with the details of your case but if the parking event took place in the hours of darkness and the signs were not illuminated then you should refer to VCS vs O'Connor where the judge found that no contract could have been formed because the driver didn't/ couldn't have, seen the unlit signs at night.

    https://forums.moneysavingexpert.com/discussion/5530541
  • emski15
    emski15 Posts: 31 Forumite
    Schedule of Costs done using the template from the newbies post :) I've left the litigant in person rate at £19, is this accurate?
  • emski15
    emski15 Posts: 31 Forumite
    Any chance of putting up their WS. Use Dropbox and take out identifying information. We'll pick at the carcass of their statements and see what we can pull apart.


    I'm struggling to do this, currently trying to upload to 'imgbb' then i can hopefully share the link.
  • System
    System Posts: 178,352 Community Admin
    10,000 Posts Photogenic Name Dropper
    Any news and can we see their WS. Try Dropbox and post a link here
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Break the links, as normal, as you cant post real URLs yet I dont believe

    "They have also wrongly stated an exhibit. "

    What does the above mean? The reference is incorre ct e.g. they reference exhibit 001 but its actually 002, or the exhibit just isnt there?
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