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County Court Business Centre Claim - Help with defence facts

245

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 August 2020 at 1:58PM
    @diffie, you now need to urgently delete that paragraph in italics from your most recent post.

    Sharing those sort of facts on a public forum, which the whole world can read, is not a good idea.

    Posts yesterday suggested that you do not identify the driver and here you are today - identifying the driver.

    The parking companies read these forums and can try and use your posts against you.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    As above
    You are instructed not to reveal the drivers ID, then you post, revealing the drivers ID. 
    You must get this into your head. Do not ID the driver, unless we have sugegsted otherwise. 
  • diffie
    diffie Posts: 23 Forumite
    Second Anniversary 10 Posts Name Dropper
    Paragraph deleted as advised.

    @nosferatu1001, @KeithP would you mind if I message you or should I post the fact stating mention "driver"?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 August 2020 at 3:26PM
    diffie said:
    @nosferatu1001, @KeithP would you mind if I message you...
    No need.

    Just write things like 'the driver did this', 'the driver did that', 'the keeper did that', 'we did this', etc.
  • diffie
    diffie Posts: 23 Forumite
    Second Anniversary 10 Posts Name Dropper

    As keeper I wanted to share the actual fact with you all and have your feedback to see if the defence is put correctly.

     

    It was two year ago and the driver and passenger remember that when the driver went to the machine for payment it asked for the VRN. The driver never had to put the registration number ever before and as the keys were small and hard to use - after few tentative - the driver just pressed 0 and printed the ticket; then put the ticket on the dashboard. Just before the expiration the passenger went to extend the time and the passenger put the registration number in (not so easily tough).

     

     

    This is what would be put in the defence document:

     

    18. The defendant has been informed that the driver paid the ticket regularly; however, the pay and display ticket (‘PDT’) machine printed the ticket with the VRN “0” as the Claimant's records will show this. The Defendant can only assume there must have been a machine malfunction, or a simple keying error caused by a sticky key in the old machine, but no evidence has been provided of partial VRMs recorded that day. Nothing has shed light on the allegation and the Claimant is put to strict proof.

     

    Can you advise if this is correct to be put forward to the court defence?




  • Le_Kirk
    Le_Kirk Posts: 25,051 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Should be OK now, just change "pay and display (PDT) ticket machine " to "pay and display terminal (PDT)"
  • diffie
    diffie Posts: 23 Forumite
    Second Anniversary 10 Posts Name Dropper
    Last week I received the email from parking firm's solocitor with a copy of their DQ N180.

    Two days ago received the DQ N180 form from CCBC. Now going through the thread written by IamEmanresu to understand how to complete the questionaire. I've got few queries:
    1. D1 (Hearing venue): can I put "Defendent's home court" or a court name should be indicated? If so, how can I get what is my local court?
    2. D3 (Witnesses): at the event there were two people, the driver and a passenger. How many witnesses should be indicated on the form?
    3. What is the best way to send the from to the court and other party? Email or normal post?

    Sould I create a new thread to is it okay to continue here?

    Thank you for the help and support.
  • Find your local court. Aunty google. 
    How many witnesses will be turning up? The DEFENDANT is not counted in that. 
    Email is totally fine - to CCBC AND to the claiant. 
    Of course you stay here. Creating a new thread is a bad idea - you lose all info. 
  • Umkomaas
    Umkomaas Posts: 43,763 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    how can I get what is my local court?
    I actually copied verbatim into Google that which you wrote above and the top return within half a second was this:

    https://courttribunalfinder.service.gov.uk/search/
    D3 (Witnesses): at the event there were two people, the driver and a passenger. How many witnesses should be indicated on the form?
    Depends how many will provide a signed Witness Statement and if they are to attend the hearing to answer any questions. Does the passenger have anything to say to add to your evidence?
    What is the best way to send the from to the court and other party? Email or normal post?
    If documents are being issued to you via email, from each party, respond via email. If either is only using postal delivery, respond reciprocally. If you're in any doubt, respond via both methods. 

    All pretty simple stuff really. 
    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
  • diffie
    diffie Posts: 23 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 9 September 2020 at 12:51PM
    Thank you @nosferatu1001 and @Umkomaas. I asked as I'm completely new to the leagal processes and didn't want to get wrong the easy parts.

    For the local court I did google as the first thing and court-finder-services asked to select from the following issues:
    • Adoption
    • Bankruptcy
    • Children
    • Civil partnership
    • Crime
    • Divorce
    • Domestic violence
    • Employment
    • Forced marriage and FGM
    • High Court District Registry
    • Housing possession
    • Immigration
    • Money claims
    • Probate
    • Social security
    • Tax

    My guess is that it might be "Probate: will settlement and disputes." but didn't want to suppose.


    Witnesses.
    Reading the small claims thread my underestanding was the I am the witness.

    Depends how many will provide a signed Witness Statement and if they are to attend the hearing to answer any questions. Does the passenger have anything to say to add to your evidence?

    The passenger can confirm the facts reported in the defence documents. Or is there more?


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