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CEL witness statement

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Comments

  • Thanks all. 

    Just doing a bit of reading to familiarise myself with POFA. How can I determine whether the first PCN they sent was to RK or the driver? They subsequently sent a letter titled keeper liability letter

    trying to work out whether they failed para 7 and 8 as a result
  • Umkomaas
    Umkomaas Posts: 43,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks all. 

    Just doing a bit of reading to familiarise myself with POFA. How can I determine whether the first PCN they sent was to RK or the driver? They subsequently sent a letter titled keeper liability letter

    trying to work out whether they failed para 7 and 8 as a result
    How would they know who the driver was at that stage?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Ahh that was my thought. Thank you apologies for the silly questions I’m just going through all scenarios. Going to concentrate on para 9. 

    They mentioned something about a person is expected to have good eyesight to see the tiny print. Is that a fair comment to make, I read that as a unreasonable assumption
  • Coupon-mad
    Coupon-mad Posts: 156,160 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 March 2020 at 5:17PM
    It is reasonable to expect an average person to be able to read terms that are 'prominently' displayed on lots of signs.  That is not something to argue about the driver's eyesight.   

    It is about the signs failing the CRA 2015 and also the ATA Code of practice, in terms of a sign needing to have clear font and large writing for the parking charge onerous term, and be lit, if it's dark, etc. 

    Forget the average eyesight argument about glasses.  They are right...

    Your point is that an average driver did not have a fair opportunity to read clear terms on copious, prominent signage.  Their failure.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Not_for_real
    Not_for_real Posts: 64 Forumite
    10 Posts First Anniversary Name Dropper
    edited 4 March 2020 at 7:00PM
    Ok thanks will continue reading everything two three times. 

    I think I may be able to further support my case with the cra 2015 unfair terms insofar the sign was misleading to the consumer which their interpretation prevails 

    and also there’s no mention of data protection laws regarding the use of ANpR on the site
  • Just a question. The case for the defendants was postponed and they’ve just received a letter to say do you want to do it remotely? Should this option be taken? If so how does a lay rep still take part?

    not sure if this is better off in the telephone strategy thread 
  • Umkomaas
    Umkomaas Posts: 43,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just a question. The case for the defendants was postponed and they’ve just received a letter to say do you want to do it remotely? Should this option be taken? If so how does a lay rep still take part?

    not sure if this is better off in the telephone strategy thread 
    Isn't how to deal with this shown in the 'telephone strategy thread'?  No, don't post on that thread, keep everything about your case on your thread, please. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Its a good question - hw will you ensure the lay rep can fully take part? If theyre not in the same household this will be tricky
    We dont know what Order you have from the court, but if it allows you to ask for a face to face hearing then id suggest you do. 
  • Coupon-mad
    Coupon-mad Posts: 156,160 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Read the Telephone Hearings thread, and the recent ones where people have achieved a discontinuance by sending an email to the court and parking firm.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Not_for_real
    Not_for_real Posts: 64 Forumite
    10 Posts First Anniversary Name Dropper
    edited 21 October 2020 at 6:27PM
    Hi all. So looks like we having a remote hearing and I need to submit my evidences etc 14 days prior to the hearing. Having already sent one back early this year when our hearing was cancelled do I just submit the same pack or do I have an opportunity to update it? I was under the impression it was the former
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