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Court Claim

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Comments

  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    Fruitcake said:
    Not only are the signs high up, they are at right angles to any direction of travel.

    Did the NTK show photos of the car parked because there are none in their WS, so there is no proof the vehicle was ever at the location (unless the NTK with photos was included in the claim/exhibits).

    You could a quick comment in 14 that an appeal court decision is persuasive on the lower courts.

    For the Semark-Jullien case, you could perhaps say that the appeal court judge did not find that the additional £60 added to the claim were acceptable.

    You really do need to attack the signage, As mentioned before, the one in the WS is a stock image. No images of the actual signs on site have been included. 
    The white squares on the wall in the GSV image could be anything from signs to air vents, and are at right angles to any normal direction of travel, and too high up to be seen from a moving vehicle.
    Include a copy of the Beavis case about signs. The third post of the NEWBIES about PoPLA has a section about signs with an image of the unusually clear sign in the Beavis case for comparison.


    Yes Fruitcake, the NTK had pictures of the car parked by this wall, under these sign. It was included in their exhibits with the initial appeal.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 November 2020 at 4:14PM
    Pickle20 said:
    Fruitcake said:
    Not only are the signs high up, they are at right angles to any direction of travel.

    Did the NTK show photos of the car parked because there are none in their WS, so there is no proof the vehicle was ever at the location (unless the NTK with photos was included in the claim/exhibits).

    You could a quick comment in 14 that an appeal court decision is persuasive on the lower courts.

    For the Semark-Jullien case, you could perhaps say that the appeal court judge did not find that the additional £60 added to the claim were acceptable.

    You really do need to attack the signage, As mentioned before, the one in the WS is a stock image. No images of the actual signs on site have been included. 
    The white squares on the wall in the GSV image could be anything from signs to air vents, and are at right angles to any normal direction of travel, and too high up to be seen from a moving vehicle.
    Include a copy of the Beavis case about signs. The third post of the NEWBIES about PoPLA has a section about signs with an image of the unusually clear sign in the Beavis case for comparison.


    Yes Fruitcake, the NTK had pictures of the car parked by this wall, under these sign. It was included in their exhibits with the initial appeal.
    Please show us a picture with both the car and a sign.

    Are you local? Can you get your own picture of the signs on the wall showing how they are impossible to read?
  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    Thank you all so much for your support. I have added another heading to address the signs, please kindly review i am sending this off today.
    WS.pdf 138.2K
  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    KeithP said:
    Pickle20 said:
    Fruitcake said:
    Yes Fruitcake, the NTK had pictures of the car parked by this wall, under these sign. It was included in their exhibits with the initial appeal.
    Please show us a picture with both the car and a sign.

    Are you local? Can you get your own picture of the signs on the wall showing how they are impossible to read?
    I've added it below. No i'm not local and we are still isolation. I have attached some pictures of the site too.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does that sign about five feet from the ground that you have parked alongside say PLEASE KEEP ACCESS ROAD CLEAR AT ALL TIMES?
  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    KeithP said:
    Does that sign about five feet from the ground that you have parked alongside say PLEASE KEEP ACCESS ROAD CLEAR AT ALL TIMES?
    Yes it does
  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    KeithP said:
    Does that sign about five feet from the ground that you have parked alongside say PLEASE KEEP ACCESS ROAD CLEAR AT ALL TIMES?
    KEITHP does this mean anything by any chance before i send off my WS?
  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    Does anyone know GSL's email address please?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 November 2020 at 6:41PM
    Pickle20 said:
    KeithP said:
    Does that sign about five feet from the ground that you have parked alongside say PLEASE KEEP ACCESS ROAD CLEAR AT ALL TIMES?
    KEITHP does this mean anything by any chance before i send off my WS?

    Probably not in a legal sense, but judges are human.

    I can imagine a judge not being too impressed if the Claimant bothers to point it out.


    Pickle20 said:
    Does anyone know GSL's email address please?
    It's all over the forum. 
  • Pickle20
    Pickle20 Posts: 46 Forumite
    10 Posts Name Dropper
    @KeithP can you please signpost to where i can find the email address, i just looked through the template post and i didn't see this mentioned there
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