CPM PCN at IAS stage

Tristanito

Are their photos date and time stamped?

No, they aren't.

Coupon-mad

Good, so you have that and you have:

one of the points they are making is that they have pictures of both my vehicle and the claimant's sign, and on none of the pictures I can be seen walking around, which means that I must have been parked for longer than the 3 minutes I mentioned in my witness statement.

Now the irony of it is that it was a rainy day and on the picture of my vehicle you can clearly see the rain drops all over my car (except on the windscreen, which indeed shows that I had literally just left my car), as well as the wet tarmac everywhere. However, the picture of the sign was taken on a bright sunny day, with dry tarmac all over.

I can therefore easily argue that the pictures were taken on 2 separate occasions and do not prove anything.

Also good!

Like Mahone1302 says, you can call them out on ANYTHING in their WS & evidence on the day.

Make yourself some notes in bullet points to take with you as a crib sheet!

Tristanito

Hi all,

I just wanted to let you know that my court hearing took place this week and I won! So thank you so much once again for all your help and advice over the past year.

CPM didn't even bother showing up. Basically, when they submitted their witness statement to the Court Gladstones asked for their notice "to be treated as a notice pursuant to CPR 27.9", and also indicated that CPM may or may not attend the hearing. The judge said the wording was very confusing and pointed out that since they eventually chose to not attend, they should have informed the Court at least 7 days prior to the hearing, which they didn't. He then quickly went through the facts and said that my defence was more solid than theirs, that their evidence was confusing, that the map showing where the signs were located didn't match their pictures, that none of their pictures were dated and therefore didn't prove anything. He thought that my defence told a more realistic story of what actually happened and therefore he dismissed the case.

So that was it, I was in and out of the Court within 10 mins and with a big smile on my face.

beamerguy

Well done Tristanito:beer::beer:

The incompetent Gladstones strikes again :rotfl:

Did you claim costs ?

Le_Kirk

Well done, did you ask for and were granted costs?

Tristanito

I didn't have any costs to claim as I didn't take time off work and walked to the Court which is one mile from my house. I'm just glad this is all over to be honest!

Coupon-mad

Yay, brilliant outcome, well done!

ANOTHER ONE BITES THE DUST!