Help! Have followed advice so far...but worried

Lotuslady

Dear All,
Urgent help needed!

Received a court date now for Nov 16th 2020, though Court form says by 4pm on 6th Aug ALL documents I intend to rely on at the final hearing must be in!!

I had tried to get case quashed having read yr suggestions ...and had been ‘negotiating?” With Gladstones up until last week trying to put my side across which it seems has been a complete waste of time...was waiting to see if it would be settled when their (UKCPM) Court bundle arrived! 

1) Up to this point I had sent Gladstones a photo of the sign I saw (post the event) plus a video, showing the unlit inadequate signage... they then sent me some stuff showing the “car park” and signage (dated the Month before the event) which I then encircled/highlighted the relevant bits saying half of the sign was missing in my photo etc, and that the other signs in the car park would not have been seen by a person walking in the direction (that I did) obviously have not admitted I was driving as yet in any dealings so far...

2) Really need some quick guidance on what I really need to put in my Court bundle please... Theirs mentions all sorts of stuff and quotes some case law (some of which I think is probably irrelevant as they are referring to the photo of their at least 1 month out of date signage...) Even mentions Beavis.. and pages of it!!
AND has Jack Chapman fax signature though address given here is 49 Station Road, Polegate BN26 6EA on the WS.. 

3) There is a lot more I’d like to say including their mention of my “appeal” which was out of the 21 day specified period (they mention AND include this)... as I had PTSD at time I found the wording very confusing and Somehow mislaid the letter until I opened it on the day or the day before I appealed...
Is this even worth mentioning?

4) Also, whilst at first Gladstones have been fairly swift in replying to my emails at putting my side across, once I sent them my photo and videos (of signage) it took them 19 days to reply to me saying that the second videos hadn’t sent. I replied straight away requesting if I could send via other electronic means and making suggestions for this,,,, 21 days later I got a reply.. It seems by then they would have had the court letter, so I actually managed to get a couple of emails back from them in the next few days... 

5) Re above paragraph is it worth mentioning this unreasonable time lapses/behaviour as am ready to give it my all, as at one point in our email exchange Gladstones wrote that they “have reviewed the file and I cannot see we have received your dispute regarding the actual charge; only procedural/administration issues...... if you could confirm why you disagree with the charge being issued” PRIOR to this email from them, I have sent them to previous emails with at least one mentioning the small font of the entrance sign and lack of lighting of any sort in the vacinity. I also mentioned that I had video and photographic evidence of this at night and in daytime?
Also I believe they would’ve had my defence statement? As I sent it electronically to see CCBCAQ on 13th Jan 2020... obviously no photos or anything in this! Hoping that I may be able to get them on acting unreasonably and be awarded more costs! As they’ve really p*****d me off,!

PS do I need to actually send a physical bundle to the court before the 6th? PPS I contacted the court already as I wanted to submit some video evidence, so have applied to them to allow me to take in my fully charged laptop on the day, I also had to say how I would be supplying the claimant with this evidence… I just said electronically. Have not heard back from them yet!

HELP!

Umkomaas

Have you been reading other threads and cases over the past 3+ months, there have been hundreds?  Surely nothing can be 'urgent' with all that time to prepare?

KeithP

Are you really saying the court has only given you nine days notice of that 6th August deadline?

I would be complaining vigorously about that. You MP will surely be interested.

That simply isn't good enough.




But wait... when did you find out about that 6th August date?

KeithP

Evidence must be sent on a 'durable medium' to both the Claimant and the Court.

A 'durable medium' is something that once sent cannot be altered by the sender.

In the case of video, that means you are effectively limited to either a CD/DVD, or memory stick/card.

A video file as an attachment to an email is another example of a 'durable medium', but you might need the explicit agreement of the court and the claimant to accept evidence that way.

A link to a Dropbox file, a Youtube file, or indeed a link to anywhere, is not acceptable as you could alter that file after the link has been sent.

You also need to consider how you are going to show the video at the hearing. Take a laptop or tablet with you that is capable of playing the chosen durable medium.

Lotuslady

Hi, thank you all for replying so quickly, 
Re Umkomass And Keith P comments... court paper dated 9th July etc as I said as was still “negotiating?” With Gladstones and thought they would clearly?! See their signage was incorrect, I didn’t want to prepare my case until this process was through.. (due to being key worker etc) I have recently though read some new “defence” thread that sounded promising so wondered wether to incorporate some of that..
just a bit mind boggled currently with it all, and what bits are worth arguing and which are not!

Re Keith P further comment, I rang the court twice to ask about video evidence and how to supply it.. and was informed that I needed to bring my own fully charged laptop (as not allowed to plug it in there) and that I could play it on that... So was not planning from that advice to take anything in form of CD or DVD as I have a tablet which has my video files on and no facility for this (and also it wasn’t mentioned.
The court advised me to email them asking for their permission to do this and to await a reply (including the points I’ve mentioned above which I have)

I have read as much as I can in the time available, but as I read a post lockdown Defence statement, have been unable to find a post lockdown witness statement that appears to say similar and wondering if their is anything updated re case law etc that I need to quote that I have missed?

Also wondering if I am allowed to refer to their exhibits in their WS in my WS?

Thanks again 😊

KeithP

Lotuslady said:

Re Keith P further comment, I rang the court twice to ask about video evidence and how to supply it.. and was informed that I needed to bring my own fully charged laptop (as not allowed to plug it in there) and that I could play it on that... So was not planning from that advice to take anything in form of CD or DVD as I have a tablet which has my video files on and no facility for this (and also it wasn’t mentioned.
The court advised me to email them asking for their permission to do this and to await a reply (including the points I’ve mentioned above which I have)

You will need to send that video file to the Claimant - along with your other evidence of course. You cannot simply bring it along on the day. The Claimant could reasonably object to being ambushed with new evidence if you did.

Just to be clear, you must send a file, not a link to, say, youtube or anywhere else.

Lotuslady said:

Also wondering if I am allowed to refer to their exhibits in their WS in my WS?

Yes you can. You can also tear their WS to shreds - pointing out everything that they have got wrong.

Lotuslady

Hiya Keith P,
thanks for clarifying that.  Am sure I can tear some of it apart, but prob not the case law they have quoted!!  Am I allowed to send their bundle electronically? Or do they need a real physical bundle like the court do?

thanks again

Lotuslady

Hiya All,

I’d be most grateful if somebody could post me a link or something so that I can get a physical copy of the Beavis sign please? I’ve searched and searched both the forum and online on more than one occasion and I just can’t find it... Would love to use it!

Coupon-mad

No link - search the forum for:
 UKCPM Polegate

...to see that WS discussed recently, and those threads WILL show you what to put in your bundle because they will be about this stage.  Everyoe has done this before who has beaten UKCPM as well, so another forum search woud be this to find all the wins (then look back to find their WS examples!):

 ANOTHER UKCPM ONE BITES THE DUST

Hiya All,
I’d be most grateful if somebody could post me a link or something so that I can get a physical copy of the Beavis sign please? I’ve searched and searched both the forum and online on more than one occasion and I just can’t find it... Would love to use it!

Eh?  A search of Google images for 'Beavis sign' has the yellow & black sign as the first result...how on earth do people struggle to Google it?

Lotuslady

Dear coupon Mad,

thanks so much for that info... Have found it now! Don’t know how Beavis sign didn’t show up on google... Having looked at least twice... I think the problem has been not been “confirmed” as the Beavis sign when I looked... Have now found it.. so thank you very much.

A big help ☺️