Questions about Schedule 4 of POFA

nosferatu1001

ALso - as you have filed your defence, you cant,..raise new stuff now. Obviously
SO you would have to work in the impossibility angle into your WS

ihatetrump

Got you & thanks - I'll give that side of it a miss then - can't say it's a route I'd go down.
Like I say, I wasn't the driver. Their photographic evidence (by SAR & the FCN) offers nothing to prove the vehicle was there for 15 minutes without displaying a valid ticket - they've produced a dozen+ photos all within a 2 minute window and 2 photos on the FCN that were 8 seconds apart - nothing to show or evidence a 15 minute period of parking. Their FCN alleges a parking period that starts 10 minutes before any of the photographic evidence they have produced, which even then only covers a 2 minutes period.

nosferatu1001

So do you deny the vehicle was there when they say it was?

ihatetrump

I really do not know - I wasn't the driver, it was 2 years ago., the driver won't remember either - but they have offered no proof that it was there 10 minutes before the first photograph could be a typo on the FCN for all I know  - can I put the the burden of proof on them rather than the other way around?

Redx

It's already on them , that is the nature of the beast

You can state you were not the driver , you can also state that you do not know who was driving due to the time that has passed !

Everything you said above !! This isn't rocket science !!

The claimant has to prove their case , beyond any reasonable doubt , the burden of proof is upon the claimant !!

nosferatu1001

State you were not the driver
State the driver has no recollection of being there from teh time they first state
Obviously the SAR will have shown if they have anything more - did you get the response yet?

ihatetrump

SAR revealed a further dozen photos but only 2 minutes part - nothing else and nothing for the first 11 minutes of the alleged 15 minute violation.

ihatetrump

As always, a big thank you to all the moderators/respondents for their tireless work on this great forum.

I have 3 simple questions please:

I'm embroiled in the usual battle against a PCN issued by the usual cowboys, and have followed all directions to date including filing the defence statement on time, AOS etc. Finally on 5/2/21 received notice from CCBC that claim was being transferred to County Court Hearing Centre. Notice then dated 25/3/21 of General Form of Judgement Order advising that the hearing will be by telephone in July and to advise by 4pm on 5th April of a telephone number for contact. (note 5th April was Easter Bank Holiday Monday!). Also dated the same date - Notice of Hearing with similar details.

so my two questions:

1. To date, none of the communications from CCBC or CCHC have contained instructions on filing of my witness statement - is this normal? When should I expect to be able to file the statement?

2. While I provided the telephone number for contact on the July hearing (and received an email receipt) I was 14 hours late in sending this - can't believe that they gave a deadline on a bank holiday - am I now screwed on this?

3. In spite of directing the cowboy's legal firm (BW Legal) not to contact me by phone and post only, (they acknowledged this in writing) they have now contacted me again on my mobile asking if I want to avoid a court hearing and settle - I advised that I would not be settling this with anything that involved me paying them money. The mobile number is the one for the hearing - do they have access to this? Can I read anything into their contact or is this just a usual ploy hoping I would panic? or are they panicking? (OK, more than 3 questions here!)

Le_Kirk

I like the way you numbered the questions and then added three more into question 3 without numbers.  Smart!  On your general form of judgment or order was there a sentence (might be on the back) stating that you must liaise with the claimant and then send to the court (and claimant) all the evidence you wish to rely on, by a certain date or 14 days before the hearing date?

ihatetrump

Yep a bit cheeky on my part 

No there is nothing included in either the General Form of Judgement Order or the Notice of Hearing, just the general blurb about telephone hearings - all that was on the back of either notice was my name and address. The telephone contact I had with the claimant was after having received these two pieces from the County Court - and there was no discussion on their part about liaising with them to submit evidence.