EMA airport fine for stopping at double yellow line - court date in near future.

Coupon-mad

OK, make sure you email the local court who are handling the case and not the CCBC in Northampton of course.

san2020

Coupon-mad said:

OK, make sure you email the local court who are handling the case and not the CCBC in Northampton of course.

Can I send a copy to Elms in the same email? If there is a reason for it to be separate email, then I can send 2 emails.

Redx

You can use cc or bcc if you prefer , providing that elms are still dealing with it , because recently it's reverted back to the claimant and elms have washed their hands of it

So the local court plus elms , or maybe the local court plus VCS , or all 3 ?

Check !!

KeithP

I would definitely send it as one email to the two addressees.

I would not use bcc - you want each recipient to know that it has been sent to the other(s).
Any attempt to deny receipt can then easily be challenged - if one party received it, then they both did.

san2020

Post just arrived with less than a day to look into the Claimants WS and documents.
See WS pics, their documents and T&C of their contract.  here:https://www.dropbox.com/sh/pylyclxnnq7ri8v/AADBqMgkv35CA77CTLoRYk5Xa?dl=0 
Any further advise before I send the email? Dl tomorrow before 4pm. 

Coupon-mad

Show us the latest draft of your WS with the suggested changed made (don't direct us back a page to find it please!).  We need to see it right here, today.

And tell us what you have picked out in their WS and evidence that you want to address or point out that supports your position?  We can't pick it apart from scratch without a steer from you as to what you have spotted when you went through it with a fine tooth comb and left behind the usual 'OMG, their WS must be good, there are lots of words' initial reaction seen by some newbies here.

san2020

Coupon-mad said:

Show us the latest draft of your WS with the suggested changed made (don't direct us back a page to find it please!).  We need to see it right here, today.

And tell us what you have picked out in their WS and evidence that you want to address or point out that supports your position?  We can't pick it apart from scratch without a steer from you as to what you have spotted when you went through it with a fine tooth comb and left behind the usual 'OMG, their WS must be good, there are lots of words' initial reaction seen by some newbies here.

Final WS: https://www.dropbox.com/s/zhy9nxh7h2xc1a9/___WS_Final - Public.docx?dl=0 
Although I have read the Claimant's WS, It is not easy to identify the faults. I do see that there is an assumption where the owner is asked to take the liability of the driver. No strict proof of who the driver was in their WS either. 

Coupon-mad

OK, so you already know there is no such presumption in law, otherwise there would have been no need for the POFA Sch4!

As stated by parking expert Barrister and Lead parking appeals adjudicator, Henry Greenslade in the POPLA Annual Report 2015.  Go find that and the page(s) about 'KEEPER LIABILITY' and add something about it in your WS. and add the POPLA Annual Report 2015 as an exhibit. 

Also add the CMA Guidance to the POFA 2012 and refer to it as well, pointing out that there is no keeper liability in law, that can apply on Airport roads/land:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

HTH

KeithP

As the pages aren't in order it is difficult to read their WS.

However, I did spot these words...


So you are forbidden to stop, but if you do stop that costs £100. Amazing!

You cannot agree to a contract to do something that is forbidden.

Foolishly, they include an image of a sign in their evidence that confirms their lack of understanding...



You really must include this point in your Witness Statement.

san2020

struggling with the first portion and it's wording. will be able to spend time tonight after 7. can you assist and wording it for me. I've found the Annual Report of 2015 and Keeper Liability section.