Court Claim Form N1 Received for PCN 18 months ago

Coupon-mad

No, I told you to do 'Control and F' to find the word 'evidence' when looking at the NEWBIES thread, not when looking at bargepole's post.

I just tested the search and the bit you want is right there as the 4th result.

tonkasdog

I've just done that and only got 3 results

Showing results 1 to 3 of 3
Search took 0.31 seconds. Search: Keyword(s): evidence

Coupon-mad

That's a forum search, I didn't tell you to do a forum search.

I said to use your keyboard, CONTROL AND F.

tonkasdog

That's not working on my Mac keyboard

Coupon-mad

Then skim-read the second post of the NEWBIES thread and find the bit about witness statement and evidence stage, that would have been quicker than this whole discussion!

Or, here's a thing and I don't even use a MAC, I Googled for:

'Control F MAC equivalent'!

Control+F, or Command+F on a Mac, is the keyboard shortcut for the Find command.

OMG I am now going to lie down in a darkened room - too much spoon feeding today...

tonkasdog

Yep command + F works! The 4th evidence result brings up this:


Once allocated to your local court, you will be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours, as bargepole says in the above link!). At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which usually should at least include:

(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
(b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.
(c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen to the point of parking.
(d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.
(e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.
(f) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
(g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.
(h) the IPC or BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).
(i) a Pay & Display ticket if you have it in such a case, e.g. if arguing it was displayed. DO NOT ARGUE 'no loss'!

tonkasdog

Hi guys, as part of my defence is that I wasn't driving at the time, is it best to say:
I know who was driving but I'm not prepared to say or I don't know who was driving? I can prove who was driving but it will reveal the drivers identity?

Quentin

You simply say you are the keeper and not the driver

tonkasdog

Thanks Quentin, this is what has been stated, I'm just trying to compile more evidence to go with the WS and I do have this. You think it's better to leave this evidence out then?

Quentin

Haven't read the full thread.


Are you wanting to give evidence confirming why you couldn't be the driver (eg because you were out of the country)?