New direction questionnaire from a stayed case in March 2020!!

Coupon-mad

If you are saying you were not the driver - for what purpose?

Only relevant in you are alleging 'no keeper liability'.  Was it a non POFA PCN?  If so, then your uphill battle is to take the Judge to the POFA and explain in what way the NTK doesn't comply.

That's the only reason you would say it wasn't you, if it was non-POFA.

Debunked

@Coupon-mad They mention pofa on the original pcn. Does that mean that the argument is dead in the water? 

Debunked

I got confused with the greenslade report. Thinking they needed to prove it was me driving and the photo shows it isn't me. 
Also I have dealt with 3 reps from bw through this whole process. K. Kaddra didn't deal with it until 2020.

Coupon-mad

Their WS will say if they believe they can hold you liable under the POFA.

Debunked

Hello all, 
Had my day in court today, unfortunately I lost but wasn't as bad an experience as I had perseived. I was ordered to pay £152 to Premier Park. It came down to the signage which the judge thought was of an acceptable manner to form a contract between driver (then to me as RK) and Premier Park. 
The judge was decent and helpful. Maybe a more experienced person may have got a different result. 
They sent a para legal. I'm pretty sure k kaddra doesn't exist. No online presence whatsoever. 
The judge said disappointing as they wouldn't be able to answer specific questions that I would like answered as witness had not shown up, legal just had to add submissions.
Don't know if I could have used that more to my advantage. 
Judge spoke about the bpa code for signage, as bw had not included this in their ws, but they stated in ws that they 'had' to adhear to certain standards. He seemed to take exception to this wording, saying its not concrete and evidence should've been supplied, and if I would have provided proof the signage was not to bpa standard using bpa code he may have judged differently. 
Sorry if going on just trying to provide some context. 
In conclusion I'm happy that it's ended, and that I have cost them far more than they have cost me. 
Finally and most importantly thank you to you on here, for all your help and guidance, you are doing great work. @Coupon-mad you have helped immeasurably on nearly all of my queries and errors. 
Just sorry I couldn't add to the tally of wins for this forum. 
Keep fighting the good fight.
It is a great cause, in so many more ways than just one.
Debunked

Coupon-mad

Actually £152 isn't bad and you cost them about three times that amount!  It is usually down to the signage.  Sounds like the Judge kicked out the fake added DRA fee again.  Not too shabby!

You ready for the upcoming Public Consultation about the level of parking charges and banning the false DRA fee enhancement?  Think I've asked you before.  Likely to be in January according to the timeline published by the BPA.

Stick around.

Debunked

Yes if you can send a link I will bring myself up to speed. 
He straight away said the £60 extra fee was unrecoverable, so no talking about abuse of process etc. He said the max I would pay being an rk would be £100 plus court fees. 
Also the clamour to interrupt by the legal when he announced the £152 in his judgement was funny. "Er... Er...., and what about solicitors fees....". Judge was annoyed, shut her down and said you are not entitled to those under small claims track. 😁

Umkomaas

Very sorry this didn't turn out as you'd have hoped. 

Judge was annoyed, shut her down and said you are not entitled to those under small claims track. 😁

But, taking something positive, this was great. Ordinarily the capped solicitor costs (£50) and the court filing fee (£35) would be payable on top of the £100 charge, so looks like the legal did herself no good with the unruly gob!

Coupon-mad

Debunked said:

Yes if you can send a link I will bring myself up to speed. 

Great! Don't miss it. You just need to read the most recent updates on the thread by MSE_JC about the appeals guide.  Those later responses explain it.

Then bookmark it and set email alerts.

Castle

Umkomaas said:

Very sorry this didn't turn out as you'd have hoped. 

Judge was annoyed, shut her down and said you are not entitled to those under small claims track. 😁

But, taking something positive, this was great. Ordinarily the capped solicitor costs (£50) and the court filing fee (£35) would be payable on top of the £100 charge, so looks like the legal did herself no good with the unruly gob!

And the £27 Hearing fee, so they are only left with £40 or £50, (as the court fee may have been only £25 back in March 2020); and they would have had to pay out £100 to lift the stay.