Lost POPLA appeal - What to do next

nosferatu1001

rookie91 said:

I've now received a hearing date. What evidence does the forum suggest i send in as a minimum?

When is it?
When is your deadline to file your WS and your exhibits? 
Telephone or face to face?
JNot sure why you ask us - your job is to send the court every piece of evidence you have that can support your defence. So if you state a fact, work out how you can prove it -just your statement? Logs showing where you were? Copy of the NtK? and so on.

rookie91

nosferatu1001 said:

rookie91 said:

I've now received a hearing date. What evidence does the forum suggest i send in as a minimum?

When is it?
When is your deadline to file your WS and your exhibits? 
Telephone or face to face?
JNot sure why you ask us - your job is to send the court every piece of evidence you have that can support your defence. So if you state a fact, work out how you can prove it -just your statement? Logs showing where you were? Copy of the NtK? and so on.

I've never been through the process before so i was just ensuring i had covered my bases

Ralph-y

some reading for tou

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

KeithP

rookie91 said:

I've now received a hearing date. What evidence does the forum suggest i send in as a minimum?

The second post of the NEWBIES thread answers that question.
Following these words in that post...

At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should include:

...is a long list of things you might include.

nosferatu1001

I asked you lots of questions, and you answered only one. 

rookie91

ParkingEye sent the evidence bundle yesterday to the court and me. The hearing is tomorrow. The court's instruction was to send it 14 days before the hearing date. Is there anyway I can use this to my advantage during the court hearing tomorrow?

Redx

Tell the judge there are preliminary matters and bring it up for strike out of that bundle , but they may ask the judge for an adjournment

Coupon-mad

And if they ask for an adjournment, object to that and tell the Judge this is a highly experienced litigating 'monster' of a company, who obtain the registered keeper data of well over 2 million people per annum (pre-COVID, figure from KADOE volumes declared publicly by the DVLA).  They are solely responsible for around a quarter of all private parking charges issued - not something to be proud of.  Something is clearly wrong somewhere with their signs, ANPR synchronisation and grace periods that they suck up so much data from ordinary people going about daily life, not setting out to breach any 'terms' or get a penalty for going to the shops (or whatever).  Far from parking charges being something this firm doesn't aim to issue (they like to say this isn't their core business, but the opposite is true) and they have their own in-house solicitors to facilitate the machine.  It would be wholly unfair and disproportionate to allow that witness statement into evidence or to adjourn, when this is a once-in-a-lifetime experience for you and you've spent xx hours on it and taken a day off work for the hearing...(if true).

Then go for the kill, if and when their late WS & evidence is struck out and the claim dismissed, and ask for your costs on the indemnity basis (your time at £19 per hour) due to this wholly unreasonable conduct in litigation by a firm for whom court is their familiar platform.

To achieve the above you have to ask the Judge to allow you to speak first because there is an IMPORTANT PRELIMINARY MATTER.  Otherwise, P/Eye get to speak first.

nosferatu1001

As above. Cannot stress you must speak up and you must not let PE speak first
You can also state that they snuck the bundle in under XX huors from the hearing and didnt ask for relief from sanction, and you ask the court does not grant them any relief from sanction. It is wholly unreasonable for such an experienced litigant and an adjournment is wholly disproportionate, as you have had to take a half / full day off / lost work / etc

Le_Kirk

rookie91 said:

ParkingEye sent the evidence bundle yesterday to the court and me. The hearing is tomorrow. The court's instruction was to send it 14 days before the hearing date. Is there anyway I can use this to my advantage during the court hearing tomorrow?

Good luck with the hearing today; take on board what @Coupon-mad and @nosferatu1001 posted.