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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

  • Robbo25
    Robbo25 Posts: 57 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    KeithP said:
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

    The claimant says the contract is The driver agreed to pay within 28 days and did not.
  • Umkomaas
    Umkomaas Posts: 43,230 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Robbo25 said:
    KeithP said:
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

    The claimant says the contract is The driver agreed to pay within 28 days and did not.
    What did the on-site signage say in that context?
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Robbo25 said:
    KeithP said:
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

    The claimant says the contract is The driver agreed to pay within 28 days and did not.
    So what is the point you are trying to make?

    Imagine you are in the courtroom and the Judge asks you exactly that...
    Mr Robbo, you state that The driver agreed to pay within 28 days and did not, what is the point you are trying to make here?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please believe me, I am not trying to be awkward, I really want you to get this right, and part of that is getting you to understand your own Defence.
  • Robbo25
    Robbo25 Posts: 57 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Umkomaas said:
    Robbo25 said:
    KeithP said:
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

    The claimant says the contract is The driver agreed to pay within 28 days and did not.
    What did the on-site signage say in that context?
    I plan to go back there tomorrow to take a photo, i did see something relating to 10 minutes to drop off, and the PCN said overstayed by 3 minutes if i can remember.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Robbo25 said:
    KeithP said:
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

    The claimant says the contract is The driver agreed to pay within 28 days and did not.
    Then let the claimant say so in their claim , this is a defence , not a claim !!

    It is up to a claimant to prove their case to a judge , do not assist them , do not leave yourself open to questions like KeithP just pointed out
  • Robbo25
    Robbo25 Posts: 57 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Redx said:
    Robbo25 said:
    KeithP said:
    I asked earlier but I'll ask again... why are these words -- The driver agreed to pay within 28 days and did not. -- there?

    Those words are entirely out of context.

    By using those words, what are you trying to tell the Judge?

    The claimant says the contract is The driver agreed to pay within 28 days and did not.
    Then let the claimant say so in their claim , this is a defence , not a claim !!

    It is up to a claimant to prove their case to a judge , do not assist them , do not leave yourself open to questions like KeithP just pointed out
    Understood, never done this before.
    Is this enough info, i was told to keep it concise?
     

    3.  On the 05/09/2019 the driver was delivering a washing machine to a tenant of 
    Then to his surprise the defendant later received a postal invoice/PCN (Parking Charge Notice) some weeks later from the claimant, not to be confused with a (Penalty Charge Notice) issued by councils around the country.

    4.  The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services [2016] B9GF0A9E case where the judge said stopping/delivering is not parking.


  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 March 2021 at 11:55PM
    I have never done it either , most people on here haven't , so if you only want replies from experienced people , say so 

    Those of us replying are using common sense , so just assume you are in the witness box answering questions put by the claimant and the judge , think of what your answers are. More importantly , know how to defend what you type and don't leave the door open to detailed questioning

    It certainly looks better but await responses , this is a gradual process , as it gets better and better , so better to be put on the spot now instead of in Court
  • Robbo25
    Robbo25 Posts: 57 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Redx said:
    I have never done it either , most people on here haven't , so if you only want replies from experienced people , say so 

    Those of us replying are using common sense , so just assume you are in the witness box answering questions put by the claimant and the judge , think of what your answers are. More importantly , know how to defend what you type and don't leave the door open to detailed questioning

    It certainly looks better but await responses , this is a gradual process , ask it gets better and better , so better to be put on the spot now instead of in Court
    Everyone's reply's are very grateful, without people like you/forum a lot of people would be paying these cowboys not knowing there is help out there.
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