dcblegal - Update following hearing

landylife

Coupon-mad said:

Only that 'adorned' is not the right word.  Reads weirdly!

Ha! Couldn’t think of the right word myself but will change that

Were_Doomed

affixed ????

landylife

Updated 30/11:

2.  It is admitted that the Defendant was the keeper of the vehicle at the time in question but liability is denied. The Defendant also admits to being the driver of the vehicle at the time.

3.  The Defendant, on the date in question, did not see any clear signage that there was still active parking charges at this facility.  The payment terminals were not active, and displayed a blank screen, with no operation upon button press.  The Claimant pleads under appeal that there was additional signage affixed to the terminals in accordance with Government Directive to reduce the spread of COVID19, requesting payment by phone.  The Defendant claims this was not the condition on the terminals visible from their parking position, nor the others within visual distance.  On this premise, the Defendant took that the parking was free of charge during this period of UK Lockdown like many of the other carparks in the area, with a view for supporting the local people and shops with encourage of trade.

@Coupon-mad - was only asking about the double recovery in case any of the amounts needed amending to the specific case.  Appears not, so all good

Coupon-mad

Looks fine.

landylife

Thanks @Coupon-mad, at this stage is there any thoughts on making a stronger defence statement?  I've got 7 days until submission, so i want to ensure its a good as it can be.

Umkomaas

landylife said:

Thanks @Coupon-mad, at this stage is there any thoughts on making a stronger defence statement?  I've got 7 days until submission, so i want to ensure its a good as it can be.

Why would @Coupon-mad say 'Looks fine' if there was a stronger case to be made?  Trust the advice given, or do your own thing, but we can't keep on being milked for more when there's no more to be milked.

Concentrate now on researching and developing your WS - that's where your focus should lie.

landylife

Umkomaas said:

landylife said:

Thanks @Coupon-mad, at this stage is there any thoughts on making a stronger defence statement?  I've got 7 days until submission, so i want to ensure its a good as it can be.

Why would @Coupon-mad say 'Looks fine' if there was a stronger case to be made?  Trust the advice given, or do your own thing, but we can't keep on being milked for more when there's no more to be milked.

Concentrate now on researching and developing your WS - that's where your focus should lie.

Absolutely understand @Umkomaas.
Defence ready for filing next week, onto my WS using the Newbies again.  Thanks for all your support so far all, appreciate it!

landylife

Could I just quickly confirm next steps after filing defence next week.

1. DQ N180 form issued out by CCBC (issue back and to Claimant as per Newbies)
2. Await hearing date and this will give date for submission of Witness Statement

In meantime - prepare/read-up on N180 and prep Witness Statement Draft using the PDF here (https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685) adapted obviously.

Thanks for those who confirm, just want to ensure i'm prepared for whats ahead.

Umkomaas

All set out in the NEWBIES FAQ sticky, second post.  Written by a legally qualified regular. 

D_P_Dance

Indeed, it is essential reading.