Parking Control Management Tickets £2000

JustWill

Hi guys, my set aside hearing is tomorrow at 2pm. What do I need to take? I have my SAR. Do I need to do a 6 point draft? What do I need to take with me? Never been to court before

JustWill

Update:

I won the set aside yesterday afternoon, my defence was that I didn't see the signage in place and I have 2 weeks to submit a witness statement and a defence to the court and to Gladstones. Can anyone elaborate or concrete this further? I need help to construct a bullet proof defence. I've driven around the estate in which I was ticketed in, and whilst there is now signage up, now I was actively looking for it, there are situated in front of planted trees, also at 8ft high, and not in the natural eyeline when driving the vehicle. I'm not 8ft tall and I don't walk around with my head in the air, and I'm not naturally looking at trees to the side of me whilst I'm driving my car. My eyes are fixed firmly in front.

What do i need to do now please, in order

nosferatu1001

Yes, the NEW BIES thread has a whole load of defences in there.

The_Deep

Coupon-mad wrote: »

I know what you mean and they are separate matters, but the Judge will want to be satisfied that ... the Defendant has more than 50% prospects of successfully defending the claim once it is reset.

Are you sure? Is that written in Law? Surely one judges 50% is another judges 89%.

The_Deep

What do i need to do now please,

You defend as best you can. Unfortunately you do nnot appear to be able to use cannot use primacy of contract as you should not have been parking there. But there are other strings, contract, signs, timings, etc. For £2,000 you must expect to put in a lot of effort.

Coupon-mad

I won the set aside yesterday afternoon, my defence was that I didn't see the signage in place and I have 2 weeks to submit a witness statement and a defence to the court and to Gladstones. Can anyone elaborate or concrete this further? I need help to construct a bullet proof defence.

Have a look at the example defences then. Did the DJ really say a defence AND a WS and evidence, all to be submitted in one go?

Did he reserve your costs so you can claim them back when you win?

Originally Posted by Coupon-mad
I know what you mean and they are separate matters, but the Judge will want to be satisfied that ... the Defendant has more than 50% prospects of successfully defending the claim once it is reset.

Are you sure? Is that written in Law?

Yes, that is what is meant by tipping the balance of probabilities, just 1% over the 50/50 - based on the Judge's interpretation of course.

JustWill

The_Deep wrote: »

What do i need to do now please,

You defend as best you can. Unfortunately you do nnot appear to be able to use cannot use primacy of contract as you should not have been parking there. But there are other strings, contract, signs, timings, etc. For £2,000 you must expect to put in a lot of effort.

I was living at the property and was parked in our allocated bay? On the occasion I wasn't because my partner was in it, I was parked in either the visitors bay next to it or my neighbours with his permission. I was ticketed for not displaying a valid permit, I didn't see the signs.

JustWill

Coupon-mad wrote: »

Have a look at the example defences then. Did the DJ really say a defence AND a WS and evidence, all to be submitted in one go?

Did he reserve your costs so you can claim them back when you win?

Yes, that is what is meant by tipping the balance of probabilities, just 1% over the 50/50 - based on the Judge's interpretation of course.

Hi Coupon, yes he reserved the costs until the case is settled, If I win, I get them refunded, if I lose then they're gone.

I genuinely didn't see the signs, the are positioned 8ft high, to the side of the highway/road and partially obscured or positioned in front of trees in places.

Umkomaas

JustWill wrote: »

I genuinely didn't see the signs, the are positioned 8ft high, to the side of the highway/road and partially obscured or positioned in front of trees in places.

Do you have photos? A picture paints a thousand words!

The_Deep

You lived there so do not use The "I did not see the signs excuse".

You need solid legal arguments to defend this, and, unless you can persuade you ex partner to co-operate, I see little hope of you winning this.

I would try to settle out of court as, with £2000 at stake, the PPC is likely to put a hot shot lawyer against you.