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Six year old ticket

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  • Coupon-mad
    Coupon-mad Posts: 132,729 Forumite
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    edited 30 April 2018 at 12:21AM
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    Yes to all questions! Except you are not copying & pasting transcripts, you are printing them out and putting them neatly into a file with a contents page, then your WS (signed & dated) then all the evidence, photos, Martin Cutts' article about Dodgy signs, the FOI that showed Excel were banned for trying to hold keepers liable pre-POFA, and all the transcripts you wish to rely upon.

    All in order, numbered and with page numbers too, so a Judge will find it easy to follow your defence. Pop it in a ring binder and hand deliver it to the local court where the hearing will take place, with the Claim Number and 'DEFENDANT'S WITNESS STATEMENT AND EVIDENCE' on the cover (and on a header or footer on every page, in case any fall out).

    As for the Claimant's solicitor, you email them the WS and evidence in 3 or 4 emails, so that you are not sending just one with tons of attachments that might be too big. Copy your OWN email addy into each email to prove sending/receipt. Print those sent items out and put them, along with your wage slip as proof of costs, into your OWN bundle to take on the day.

    And now look at costs schedules, to submit a couple of days before! Unless you want to include it now, to make it easier.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • youdontsay
    youdontsay Posts: 90 Forumite
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    Coupon-mad wrote: »
    Yes to all questions! Except you are not copying & pasting transcripts, you are printing them out and putting them neatly into a file with a contents page, then your WS (signed & dated) then all the evidence, photos, Martin Cutts' article about Dodgy signs, the FOI that showed Excel were banned for trying to hold keepers liable pre-POFA, and all the transcripts you wish to rely upon.

    All in order, numbered and with page numbers too, so a Judge will find it easy to follow your defence. Pop it in a ring binder and hand deliver it to the local court where the hearing will take place, with the Claim Number and 'DEFENDANT'S WITNESS STATEMENT AND EVIDENCE' on the cover (and on a header or footer on every page, in case any fall out).

    As for the Claimant's solicitor, you email them the WS and evidence in 3 or 4 emails, so that you are not sending just one with tons of attachments that might be too big. Copy your OWN email addy into each email to prove sending/receipt. Print those sent items out and put them, along with your wage slip as proof of costs, into your OWN bundle to take on the day.

    And now look at costs schedules, to submit a couple of days before! Unless you want to include it now, to make it easier.

    Thank you for your reply, I am very grateful for your help
    Im going to work my way backwards on your advice and just need some help to understand things better
    The transcripts you suggest, the Lamoureux and Smith, would the 2 of these be sufficient to include?
    By transcripts do you mean the actual account of what happened in the court case i.e. http://nebula.wsimg.com/87cdd1ece93beeb2f058693b81e4d057?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1,
    http://nebula.wsimg.com/f7343eab2d0678f6b24bf7a2b97b628f?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1,
    and http://nebula.wsimg.com/ab774da5f40c5d7082d483820e2241cb?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1.
    And do I print these in their entirety for the court bundle ?
    Im just wondering if the judge would read these long accounts during the case or would he just be irritated at having to do so?!

    Ill send my other queries in separate posts so as not to confuse the issue if you dont mind
  • youdontsay
    youdontsay Posts: 90 Forumite
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    Coupon-mad wrote: »
    Martin Cutts' article about Dodgy signs, the FOI that showed Excel were banned for trying to hold keepers liable pre-POFA.

    Would the information I include in bundle for this topic be as follows - https://www.whatdotheyknow.com/user/martin_cutts
    https://www.whatdotheyknow.com/request/excel_parking_services_ltd_relea#comment-58308
    https://www.whatdotheyknow.com/request/107199/response/262193/attach/html/2/FOIR2869%20Cutts.pdf.html
    https://www.whatdotheyknow.com/request/107199/response/262193/attach/html/3/FOIR2869%20Annex.pdf.html
    https://www.whatdotheyknow.com/request/registered_keeper_data_released#incoming-257546
    https://www.whatdotheyknow.com/request/103535/response/257546/attach/html/5/FOIR2811%20Annex%20C.pdf.html

    As far as I can see, these are the items which are applicable to my case
    Again, do I print all and each of these pages to include in court bundle please?
  • youdontsay
    youdontsay Posts: 90 Forumite
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    edited 30 April 2018 at 6:16PM
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    Coupon-mad wrote: »
    photos

    I assume this would be photos of signage as I have no other photographic evidence
    I checked on advice from someone else on the forum, for photos of the signage on the day of the alleged offence via Google Street Maps
    There are no photos (or at least that I can find myself!) at that time. Apparently this facility is not available to all areas.
    I can provide the postcode and date if someone else with way more 'tecky' abilities than me would be happy to take a look?
    In the absence of being able to provide a photo at the time (2012), would a current photo suffice?
    Is the signage generally considered to be too small to adequately inform people of the potential trouble they are about to heap on themselves by parking in these areas?
    Im wondering if Im clutching at straws by including the signage details, or is it standard procedure in these cases. You certainly know better than me!
  • youdontsay
    youdontsay Posts: 90 Forumite
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    Coupon-mad wrote: »
    along with your wage slip as proof of costs,

    And now look at costs schedules, to submit a couple of days before! Unless you want to include it now, to make it easier.

    Thank you once more.

    Am I correct in assuming that costs would relate solely to the loss of earnings due to attendance at court?

    If so I dont think this would apply to me as I work on a 'cover' basis and so could decline to work on the day in question.

    So costs would probably be confined to travel costs, which again would be minimal.

    Im wondering if its worth the hassle?
  • youdontsay
    youdontsay Posts: 90 Forumite
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    Coupon-mad wrote: »

    And now look at costs schedules, to submit a couple of days before! Unless you want to include it now, to make it easier.

    Just wondering where I would find this info if Im advised to claim costs

    I apologise for all these questions. Im feeling more confident about this now but only due to the help and support offered here.

    Thank you so much for all the time and effort you dedicate to myself and others here, I am truly very grateful :A
  • Umkomaas
    Umkomaas Posts: 41,509 Forumite
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    Just wondering where I would find this info if Im advised to claim costs
    There's an example in the NEWBIES FAQ sticky, post #2
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yes this is worth the hassle. You win and they have to pay someone £300 to turn up, and get nothing.
  • youdontsay
    youdontsay Posts: 90 Forumite
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    edited 30 April 2018 at 11:05PM
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    Regarding the inclusion of Martin Cutts article on dodgy signs in my court bundle, do I print all 56 pages for the file? Surely the judge wouldnt read that amount of paperwork?
  • Umkomaas
    Umkomaas Posts: 41,509 Forumite
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    youdontsay wrote: »
    Regarding the inclusion of Martin Cutts article on dodgy signs in my court bundle, do I print all 56 pages for the file? Surely the judge wouldnt read that amount of paperwork?
    You don't go including mahoosive documents; just pick out the key page(s) with the killer point(s) you are making and print that/them for your bundle.

    If you want a full version, just print one for yourself and have that available to hand to the judge should he/she want further details from it on the day.
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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