OPS and failed POPLA appeal

Coupon-mad

I have added you to my allowed contacts as me and ParkingMad can help you in court. To see an account of our recent escapade to Southampton, read the thread by CEC16.

It's important you do, as you need to understand your defence and what can be said. I have no time to do it all from scratch for you so read CEC16's thread and plenty of others, and the NEWBIES thread post #2.

I am happy to speak for you in Court in the Brighton/Worthing area when it comes to it. I recently helped someone re a Vantage Point case and OPs ran away and discontinued before the hearing!

You can send me a pm any time.

erik_the_red

Hi All

Anyone able to review my draft defence?

https://drive.google.com/file/d/1WqXNuaZGPLfZVLOlND57Y-suFxsZVJcF/view?usp=sharing

I appear to have left it a little late to sort this out so I need to submit my defence by 4pm Monday 16th December (thanks KeithP).

My POPLA appeal was based on poor signage and BPA code non-compliant photographic evidence but I have also added a borrowed section on double recovery and Abuse of Process.

Anything else I should add in?

Thanks in advance.
Erik

Le_Kirk

Haven't read your defence (yet) but have you included landowner authority?

Coupon-mad

Hiya,

I think I just emailed you (I have sooo many OPS cases at the moment all needing to send their defences!).

Anyway I gave you something to change about #5, and suggested that you need more facts and maybe also, the defendant should admit to being the driver (IF the D was) to make is a more comfortable stance in front of the Judge in the end.

An 'honest witness' account of the signs can win, and the Judge will prefer it.

You need something about this in there, put OPS to 'strict proof' of synchronisation of the clock used by the JustPark app and their cameras:

The ANPR exit picture time stamp is 22 mins after the JustPark period ran out. What I don't know is whether the ANPR time and the JustPark time were in synch.

Le_Kirk

It is DEFENCE [strike]STATEMENT[/strike]. I see you do have landowner authority, good. I also see you are getting advice from Coupon-mad, also good. Every paragraph in a defence needs a number. The Abuse of Process text has been updated recently; you might want to revisit that OR you could do what Coupon-mad is suggesting nowadays and have the bulk of it (including the info from CEC16's thread) in your Witness Statement

erik_the_red

Thanks for all comments.

I have created a V2 having searched out the beamerguy's abuse of process thread and coupon-mad's post #14 defence content.

https://drive.google.com/file/d/1WqXNuaZGPLfZVLOlND57Y-suFxsZVJcF/view?usp=sharing

All of your time and comments are very much appreciated.

It feels like it is in a good place for submission tomorrow - yay or nay?

Thanks again.

Coupon-mad

Not yet. Remove the heading word 'STATEMENT' as Le_Kirk says, and remove #3 if the D is going to defend as the driver (if the D was the driver).

Then renumber.

erik_the_red

Thanks and sorry I missed the "STATEMENT" bit before.

V3 uploaded - https://drive.google.com/file/d/1WqXNuaZGPLfZVLOlND57Y-suFxsZVJcF/view?usp=sharing

Is the wording for para 2 ok?
I've added a new para 3 for the ANPR/JustPark time sync
Also fixed the para numbering.

Looking good?
TIA - Erik

Coupon-mad

Isn't that the same older link, as it still has 'STATEMENT' in the heading and still has #3 talking about keeper or driver/menu of choices (remove it).

erik_the_red

Apologies, I thought I had shared a link to the folder but it was a link to the actual document.
Here is a link to the V3 document: https://drive.google.com/file/d/19l8BWABpNbxSZpo1kQ12phvO-8P2mJYn/view?usp=drivesdk
This includes all the amendments I mentioned.
Sorry for that 😕