URGENT - Last Day to submit DEFENCE - County Court

chigger1

tboo said:

For later stage

If you were at an appointment, do they require you to input a reg number etc when there?

Are there signs in the surgery to state this or do they tell you to do this?

You may need to get evidence of the appointment and if you have a diagnosis, evidence you have vertigo.

Sure, I can get details for the later stage. It was a dental appointment after procedure, no diagnosis. I am hoping to appeal on removal of  clear signage, documents not received by stated dates, no acceptance for mitigating circumstance and gov lockdown and so on.

Please can you let me know if i should add or remove anything for paragraph 2 / 3 rest of the defense. As this needs to be submitted urgently. Thank you in advance and apologies.

Jenni_D

If your defence needs to be submitted today, do so by email no later than 3.30pm ... and make sure you receive an auto-response; if you don't then it may have gone into a black hole and you should send it again.

chigger1

Jenni_D said:

If your defence needs to be submitted today, do so by email no later than 3.30pm ... and make sure you receive an auto-response; if you don't then it may have gone into a black hole and you should send it again.

Hi Jenni, thank you. Yes I will check that that you. 

Please can you help advice if the defense is sufficient tight for the next stages?

Redx

Most people here won't comment on the legal status , but we offer advice , critique , opinions and suggestions

If people have something to contribute , they will , if not , they won't

So not much point asking one of us to comment if we haven't done already

There is no S in the word Defence , set your pc or tablet to UK English , which is important for legal purposes

Now post your proposed draft of paragraphs 2 and 3 only , below , for critique , advice , opinions and suggestions

chigger1

Redx said:

Most people here won't comment on the legal status , but we offer advice , critique , opinions and suggestions

If people have something to contribute , they will , if not , they won't

So not much point asking one of us to comment if we haven't done already

There is no S in the word Defence , set your pc or tablet to UK English , which is important for legal purposes

Now post your proposed draft of paragraphs 2 and 3 only , below , for critique , advice , opinions and suggestions

Thank you RedX for your comments. I have amended the spelling of the work "Defence".

Please find below Paragraph 2 and Paragraph 3 for critique and advice.

Thank you in advance.

2.       It is admitted that the Defendant was the driver of the vehicle in question, but liability is denied. 

3.       The Defendant did not see any clear visible signage entering car park at Tower Court Oakdale Road from the drivers position on 30/11/2020. The Defendant could not clearly identify ‘paid for’ parking infrastructure within the vicinity of the car parking. The previously clear signage showing the terms of the parking stay is completely removed. As the defendant was at the location for a planned appointment, there were no visible signage notifying the Defendant of the process to register the vehicle (VRM) with site business at the car park site.

The Claimant has also not handled the case as per International Parking Community (IPC) guidelines pertaining to process & due consideration as well as other breaches of code. At the time of the alleged contravention the Claimant was not listed as a “Accredited Operator” member of the IPC as stated in all correspondence provided by the claimant. The Claimant has also not given due consideration to Mitigating Circumstances & Government Lockdown Regulations in place during the period of 5th November 2020 until 21st June 2021 in relation to this case.

chigger1

Can it be mentioned due to the various stages of lockdowns we had when the incident occurred, I was not in a position to travel back to the registered address which is what happened. 

Redx

chigger1 said:

Can it be mentioned due to the various stages of lockdowns we had when the incident occurred, I was not in a position to travel back to the registered address which is what happened. 

Surely that is an observation and for the WS ?

It's definitely not a defence to the core charge , the PCN

Ps , every paragraph should be numbered

tboo

chigger1 said:

Can it be mentioned due to the various stages of lockdowns we had when the incident occurred, I was not in a position to travel back to the registered address which is what happened. 

You not getting a letter due to whatever is irrelevant at this stage.

My take is that it is not a defence of the claim they are stating ie you overstayed.

This can be added to the witness stage

chigger1

2.       It is admitted that the Defendant was the driver of the vehicle in question, but liability is denied. 

3.       The Defendant did not see any clear visible signage entering car park at Tower Court Oakdale Road from the drivers position on 30/11/2020. The Defendant could not clearly identify ‘paid for’ parking infrastructure within the vicinity of the car parking. The previously clear signage showing the terms of the parking stay is completely removed. As the defendant was at the location for a planned appointment, there were no visible signage notifying the Defendant of the process to register the vehicle (VRM) with site business at the car park site.

The defendant after a dental procedure felt dizzy similar to vertigo symptoms and did not consider it safe to operate a vehicle under such conditions. With a primary school adjacent to the site in question, the Defendant acted properly not to operate a vehicle while not safely in control and fit to operate a vehicle. The Defendant when fit to operate the vehicle, moved the vehicle from the premises and immediately contacted the Claimant via telephoneto explain the situation after have to search for go very close to the signage to read the details of the signage.

The Claimant has also not handled the case as per International Parking Community (IPC) guidelines pertaining to process & due consideration as well as other breaches of code. At the time of the alleged contravention the Claimant was not listed as a “Accredited Operator” member of the IPC as stated in all correspondence provided by the claimant. The Claimant has also not given due consideration to Mitigating Circumstances & Government Lockdown Regulations in place during the period of 5th November 2020 until 21st June 2021 in relation to this assessing this case.

Redx

Seems reasonable , except that every paragraph needs a number !