Help required - OH Court date in under 3 weeks and been ill!

Stevey

Coupon-mad wrote: »

Here's where you started then:

http://forums.pepipoo.com/index.php?showtopic=115443

I advised you as SchoolRunMum and the draft defence was pared right down by Southpaw, so it wasn't a scattergun long forum defence. You had a good start and good preparation when you appeared here too.

What was the contravention, expired Pay & Display ticket?

You should update the pepipoo thread if you can still log in, give them a link to this thread so they can see the unfortunate outcome.

Yes, contravention was overstayed parking paid for.

I'll post something later over there.

Thanks again

Quentin

The ccj gets registered immediately (more or less)


You get the judgement in the post shortly


It will show the total you are ordered to pay to the claimant (they can up the interest from what was originally claimed as it's due on a daily basis, and time will have passed since the original interest claim)


If you pay it off in full within a month the register entry gets wiped clean


(Belt and braces is advised - so if you intend paying within the month send a SAE and a receipt for the claimant to sign - then if you discover they haven't informed the court you paid you have evidence to send to the court yourself)

Quentin

What was the wording used to the defendant about naming the driver?

Stevey

Quentin wrote: »

What was the wording used to the defendant about naming the driver?

The Judge asked the question directly to the defendant (my wife). We had previously discussed that only in those circumstances would she respond.

The question was simply "Were you the driver", as part of a line of questioning related to the NTK and re-iterating that she was the keeper but hadn't admitted to being the driver.

My wife did brilliantly, given she expected to not really say anything, as I had prepped her in that vein, believing I'd be taking most questioning as her Lay Representative. :embarasse

Was disappointed as I'd put the wording from the POPLA report by Henry Greenslade in the bundle, and hoped the judge would read that and form the same opinion that there was no legal obligation to name the driver.

Lots more I could say on this, but that is the bones of it.

Quentin

Yes, no good dwelling on it, but for others to be aware the answer could be that you don't want to name the driver

[Deleted User]

I am sorry for the o/p. No one wants a financial hit or a tough day at court.

Technical defences can, of course, work, but the court has a fact finding role.If they can ask "were you the driver" they probably will.

Most claimant particulars adopt an case in the alternative - arguing both POFA and that defendant the driver. That can mean if the POFA claim fails a defendant who was, in fact, the driver needs to be careful.

Of course there are lots of cases on here where there aren't even valid parking signs/contracts, so there are no easy answers.

[Deleted User]

she seemed more able to handle the Claimant's smaller bundle, than our larger bundle

Sorry to hear this too - this never helps. Not sure if these were issues for you, but everyone should have:

1. A clear & logical Index
2. Dividers
3. Sequential page numbering.

Stevey

Johnersh wrote: »

Sorry to hear this too - this never helps. Not sure if these were issues for you, but everyone should have:

1. A clear & logical Index
2. Dividers
3. Sequential page numbering.

So - bought a special 20 wallet folder, had defence in pocket 1, WS in pocket 2, and then an index of the circa 16 exhibits, each contained in subsequent separate pockets.

Pages all numbered and double spaced where you would expect, but we’re talking circa 100 pages of A4, issue I think was more about volume, possibly better to hole punch in an A4 folder, I was trying to go above and beyond, not sure it worked.

Stevey

Quentin wrote: »

Yes, no good dwelling on it, but for others to be aware the answer could be that you don't want to name the driver

Quentin, wish this had come up earlier in this discussion when we were debating if the question comes Up how do we deal with it. As you say, hopefully it helps someone else.

[Deleted User]

special 20 wallet folder, had defence in pocket 1, WS in pocket 2, and then an index of the circa 16 exhibits, each contained in subsequent separate pockets.

Yep. Hole punching is MUCH easier (that is to say, the only approach to take).

Sounds like it was almost over done/over thought. It possibly didn't help, but equally, I doubt it was the total game changer.

Above all else, can I thank you for coming back on here to help others learn from your experiences. There will be something for everyone to take on board

Sadly, litigation does have risks even where a lot of skill, time and effort has been put into it - as you did.