Draft Defence -Help please with Gladestones claim

Coupon-mad

is it mandatory to submit a skeleton argument??

Nope.

Did Google StreetView from the date in question, when you click back on the GSV timeline, help at all as evidence?

Androsian

Thank you very much
I checked google street view but the signs are not clear on there.
So they are evidence of signs which cannot be read well from a car but not evidence in terms of the time limit being 3 hours or 2 hours at that time.

Coupon-mad

OK, worth looking though.

You need to add numbers #1 and #2, maybe they are in your original copy?

Your draft starts with this, but this is way further along the process:

3. I received a letter before claim

Johnersh - a solicitor poster above - said to start with basics about the day:

Your evidence is basically
(a) you don't recall receiving a ticket whilst the driver - be careful if you were - and
(b) in relation to your findings when you visited the site recently.

Androsian

Yes thank you
.
Basically I did not receive a ticket or the PCN if they were posted, only copies when requested after the LBC. I will start wth a sentence to reflect this.

Androsian

Thank you for your help thus far.

I plan to spend the next three days doing my reading up for court at the end of this week.

I plan to read everything on the forum from the newbie thread
Court reports - what it is like when you turn up and win!


Is there anything else that is really important for me to try and understand before I go?

KeithP

Androsian wrote: »

Is there anything else that is really important for me to try and understand before I go?

Costs schedule - described in post #2 of the NEWBIES thread.

Take a payslip or other proof of loss of earnings for attending court.

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Androsian

thank you very much

Androsian

Thank you thank you thank you so much to everyone who helped me during this process.

I’m still astonished about how these companies are allowed to put the public through such stress.

I arrived 30 minutes before court today.
I was very nervous.
I went through sercurity and then found out which court I was due in. I checked in with the usher who asked me if anone was representing me. I said no and then was directed to take a seat.

The staff at the court were approachable and helpful. I think I had novice written all over me!

The waiting room was busy with various lawyers, barristers and clients. They seemed to have lot of cases going on that morning.

I waited an hour and a half. During that time I got increasingly nervous. I think being in the unfamiliar environment and watching people come and go looking very unhappy didnt help.

When we were called into the court the judge gave us a chance get our papers out and explained what the procedure was.

My defence was based on my visit to the site to view the contract as Johnersh said.
The claimant did not produce any evidence of the 2 hour time limit (which i don’t think ever existed) other than a line saying the signs had been changed after the event. They sent in a print out of what was on said sign but no pictures of an actual sign and nothing from the relevant time. As I have said before they also submitted a site plan which contradicted their claim.

I should have read more or at least asked more questions about the authority from the landowner and mentioned it in my initial defence. Although in their statement of truth they claim that the person they have a contract with is the land owner they are actually named on the contract as a management company. I didnt realise that there was a difference (that the landowner may not be a management company) until later when there was nothing I could do about this. I could have gotten the claim dismissed on this basis alone as if they do not have authority of the landowner they cannot pursue me as keeper. Thats a rookie error. I really didnt understand it before.

Androsian

Anyway, I hope that this helps someone else as this forum has helped me.
I’m also got costs awarded. 95 plus parking.

Coupon-mad

Great to read that - your are the second winner today, and both of you got c£100 in costs. Very well done!

Another one bites the dust! :T

Which court were you at? The other poster won at St Helens court.