Urgent advice needed - County Court Claim.

Resourceful

First of all, thank you Coupon-mad for your reply.
I was beginning to think that having been away from this for a few days, my thread had slipped so far down the forum that there was no chance of anybody responding! I can see you have your work cut out dealing with the number of queries you receive each day so really appreciate your time helping me.

So to answer your points:

1) I did challenge PE's 'evidence' at POPLA stage regarding lighting. They did only show a daylight photo and indicated one light which was not on site. Here's my challenge paragraph:
Lighting

Parking Eye: "There is sufficient ambient lighting on site and we have highlighted some of the lighting poles within the
images. (Enclosed)"

ME: "Operator evidence shows only one lighting pole marked. Again, the provided photo clearly shows this light is NOT on site as stated, it is some distance away and only provides light for the footpath/road directly beneath it NOT the car park. If the ambient light were sufficient to light up the whole area then my car would be clearly visible in the captured ANPR photographs, which it is not."

Upon further investigation, the light indicated in their POPLA 'evidence' is at least 3 carriageway widths plus two pavements away from the car park entrance sign and is attached to the wall of a concert hall building pointing straight down at the pavement below. When I revisited the site one evening (after my POPLA submission) this light was not lit as I believe it is operated from within the concert hall building which was closed at the time. I believe it was also closed at the time of the alleged offence.

2) Hotel Complaint...I should have followed this up ages ago but only discovered last week that they are event sponsors which has renewed my enthusiasm to try complaining again. I'll send something today if possible.
In the mean time, as far as my defence is concerned, other than challenging their 'sufficient ambient lighting' claim do you see anything else I can legitimately tackle them with?

Resourceful

p.s. Is it acceptable to bump threads on this forum so they get seen?

Quentin

Big NO.


From MSE Rules:

Can we "bump" threads


For those that don't know, "bumping" is where a forum user who hasn't received a reply to a question comes back and replies on the thread to "bump" the thread back to the first page of the board it's on, making it more prominent.


No...….

Le_Kirk

Resourceful wrote: »

p.s. Is it acceptable to bump threads on this forum so they get seen?

Yes ............... and you have! Sometimes it is used by the regulars to keep posts on top if they didn't have time to answer it themselves.

Resourceful

Ha! Two conflicting answers and a double bump to boot!
Seriously though, what constitutes a bump and what do you do if you only have a few days before your defence submission deadline and urgently need advice relating to your specific circumstances?

Coupon-mad

Yes, you should always reply again - just like you have - and hope someone sees it, as I just have. That's because when I've missed a day, I go back to where I last read, often 8 or more pages back, and start there and read all posts, rescuing things if they've been missed due to how busy this forum is.

Just putting the stark word BUMP can be annoying but asking a differently-worded question is perfectly OK!

Hotel Complaint...I should have followed this up ages ago but only discovered last week that they are event sponsors which has renewed my enthusiasm to try complaining again. I'll send something today if possible.

Yes keep trying, as if they will agree to at least email asking for the PCN to be cancelled, it causes P/Eye issues and they often throw out WP offers, then are more likely to fold before the hearing, same as I advised here and the person has a lower offer already:

https://forums.moneysavingexpert.com/discussion/comment/75914253#Comment_75914253

In the mean time, as far as my defence is concerned, other than challenging their 'sufficient ambient lighting' claim do you see anything else I can legitimately tackle them with?

I haven't seen a draft defence from you yet? Most people base it on bargepole's concise defence example about unclear signs and in your case you'd just be adding that it was pitch black and that the Hotel have been contacted to cancel the PCN as you were headlining an event for which the Hotel sponsored. Therefore the Claimant has no legitimate interest or commercial justification for pursuing this charge, and the Beavis case is fully distinguished in this regard and due to unlit/unseen terms in the darkness.

Any chance you are headlining an event in Brighton at any time?

Resourceful

Thank you again Coupon-mad.

I'm way behind with this but the deadline is 4pm on Monday so I will have to throw something together in the way of a defence. The link you posted was helpful so I should be able to adapt that. As I wasn't a hotel client I don't have that argument but I will press the hotel to get it cancelled and as you say if I can just get them to send an email that will strengthen my defence. I should point out that the hotel is one of several sponsors but don't think that makes any difference. Wouldn't it be ironic though if they turned out to be sponsors for the live entertainment...!

No shows planned for Brighton I'm afraid although I have played there a lot in the past.

Resourceful

As I scour the forum for appropriate defence examples to plagarise and adapt I was wondering how I should refer to myself, given that I have already identified myself as the driver. 'I' or 'the defendant'?

KeithP

Defences are always written in the third person, so it is 'the Defendant'.

Coupon-mad

You are (in your defence) the Defendant, whether or not you were the driver.

You can use bargepole's concise defence and just add a paragraph or two. Easy!