County Court Defence - Overstay

Umkomaas

Yes it will be in my son's name. He is abroad with work which is why he can't get to the hearing.

So everything will be done 'on the papers'? Therefore no hearing, just written submissions? I don't hold out great hope. We've seen a few cases which have gone pear-shaped and cost the motorist more than would have been likely had they attended an actual hearing.

wizzybee

What else can he do? Pay £100s for a one day trip back to the UK? Or roll over and let these people get their money without a fight?

He did give the court the dates that he would be away.

Umkomaas

He did give the court the dates that he would be away.

Have you been in touch with the court to ask why the date of unavailability was ignored and the hearing set when he has told them it would be impossible to defend himself at a hearing - placing him in a position of disadvantage through absolutely no fault of his own.

Explain that he is abroad, and the court has known this for x weeks (from date of submission of DQ). Try to get this rescheduled.

wizzybee

Umkomaas wrote: »

Have you been in touch with the court to ask why the date of unavailability was ignored and the hearing set when he has told them it would be impossible to defend himself at a hearing - placing him in a position of disadvantage through absolutely no fault of his own.

Explain that he is abroad, and the court has known this for x weeks (from date of submission of DQ). Try to get this rescheduled.

He did phone up and was told that he has to pay a fee of £255 to get the date changed.
It may be that he is not gong to be available until the end of April which is too long a time.

wizzybee

So....some new information that my son has only just now told me. :mad: :mad: :mad:

Apparently, he has parked in this car park loads of times and never obtained a ticket because he has been there for less than an hour. He's never had any comeback from this. So, this time, he got delayed getting a haircut which is why he was parked for over an hour. This changes the whole argument! Should all this be in the WS - that he admits he was the driver and gives reasons to why he got delayed for more than an hour?

Le_Kirk

If the court (probably the CCBC) has made a mistake and the dates he would not be available were on the DQ, then I don't see that your son should be penalized for their mistake. New info from him does change the situation but why would you/he do the claimant's job for them and admit anything?

wizzybee

I've just phoned the court and they've said it is a mistake setting the date when he can't attend, so he's emailed them to ask them to change it.

I've just had the claimant's witness statement pack through the post....it is quite intimidating for a non legal person..

Can we put things in his WS to counter things in theirs? Like the photos of the signs they've included are from before the incident.

Le_Kirk

Yes, challenge anything in their WS that is not true/factual and photos from before the incident are helpful if it helps rather than hinders the case.

Umkomaas

wizzybee wrote: »

I've just phoned the court and they've said it is a mistake setting the date when he can't attend, so he's emailed them to ask them to change it.

Hallelujah!

wizzybee wrote: »

I've just had the claimant's witness statement pack through the post....it is quite intimidating for a non legal person.

It's meant to be, but doesn't mean it's right! Everyone gets one, so nothing to panic over. Read it in short bursts and get to understand what the particular section is saying rather than trying to read it all in one go and get overwhelmed by (much of) their BS.

Then follow Le_Kirk's advice.

RobinofLoxley

wizzybee wrote: »

So....some new information that my son has only just now told me. :mad: :mad: :mad:

Apparently, he has parked in this car park loads of times and never obtained a ticket because he has been there for less than an hour. He's never had any comeback from this. So, this time, he got delayed getting a haircut which is why he was parked for over an hour. This changes the whole argument! Should all this be in the WS - that he admits he was the driver and gives reasons to why he got delayed for more than an hour?

No circumstances such as that aren't an acceptable excuse for an overstay or non payment and will not find favour with a judge.

If the PPC's right to use POFA is being contested and disputed the driver's identity should never be disclosed.

I think what should be questioned is the fairness of the scheme. The fact that a motorist can't pay for the 2nd hour when the free first hour is up and they then realise they are going to be staying longer, IMO is flawed.