Gladstones LBC for 10-min private residential stay

System

Sorry, should have said could we see the pic of the signs they say were there plus a pic of their "authority".

There is a long-standing principle that witness statements must indicate which of the statements made are made from the witness’s own knowledge and which are made on information and belief giving the source of the information or basis for the belief. The WS appeals to fails in this way so you should draw this to the court's attention.

petallica

petallica

petallica

I've circled the sign that was not present at the time of the incident (I think one more was also not present but it might be at the opposite end of the carpark).
The visitor bays were by the circled sign

System

Judge may see something in the contract in that it does not specifically allow for legal action - only the can ask for the money as "creditor".

The second point is as driver, you are in a better position to talk about whether the signs were clear. The fact their map is incorrect should be persuasive that parts of the evidence may be incorrect too. Don't use "lie" just use mistaken/incorrect.

Finally point out that the person that issued the ticket is not there in court and the WS is written by someone who is third hand and is not qualified to say what did or did not happen on the day.

Should be a 5 minute job for a judge if you trash their WS.

petallica

Thanks all again for your help with this - especially C-M and IamEmanresu! Will get amending the WS as soon as I can.

petallica

I've been notified by email from GS that the claimant will not be attending the hearing (they have complied with the CPR 7 day rule) - so this presumably means I will be the only party in attendance. They haven't said they will send a lay rep or anybody else. The hearing is mid-next week. I just wondered what your collective thoughts on this are?

The claimant also submitted to myself and the court an additional WS attempting to rebut some of my points. They still maintain they never got a copy of my defence, which I find utterly incomprehensible.

(I should add that my WS+evidence was sent off to the court and GS ok within the required timescales)

petallica

Hi all,

My hearing is tomorrow and the claimant has given notice of non attendance - presumably this just means myself and the judge, no chance of lay rep or anything?

Is there anything I should be aware of in particular?

Thanks

nosferatu1001

Noone should turn up
Be prepared to have the judge go through the claimants papers
Take proof that they had definitely received your defence - firstly, the CCBC sends it to them, so non-receipt is no concern of yours.

petallica

Thanks Nosferatu, I've got the letter from ccbc with me stating that a copy of defence was served on the claimant, so should be ok.

So if someone does turn up, surely I can question their right of audience?