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Court tomorrow!!

12346

Comments

  • Edensashes
    Edensashes Posts: 34 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 31 May 2022 at 4:47PM
    ok ... Witness statement all done...
    i have uploaded it if someone wants to have a quick look and let me know if its ok, then i can get it out

    https://www.dropbox.com/scl/fi/gpxic2gf4527uvkzv5cib/WitnessDB.docx?dl=0&rlkey=pbngfrh2cvgp5xa88dhomedlg


    many thanks to everyone here who has helped me over the months

  • 1505grandad
    1505grandad Posts: 4,027 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I suggest you remove all the exhibits showing all yours/ your wife's personal data  -  see IMPORTANT REMINDER at top of forum.
  • Edensashes
    Edensashes Posts: 34 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    thanks,have removed images containing personal information
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 May 2022 at 9:07PM
    I think you used the acronyms 'IPC CoP' without saying what those mean.

    If you appealed this PCN but were outright refused then mention that because it shows that they KNEW that a passenger was disabled but carried on. That's illegal under the Equality Act 2010.

    Have you got all the necessary exhibits, including Excel v Wilkinson and the 'duty to make reasonable adjustments' section of the EA?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 1505grandad
    1505grandad Posts: 4,027 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Some observations:-

    "10. I opened my wife’s car door and the Blue Badge slid (of) the seat."  -  (off)

    "14.The fact of the matter is that my wife does have a blue badge and our car is
    registered (at) DISABLED as shown in our V5 document underTaxation Class.(Ex 4)"  -  (as)

    "Parking Eye v Beavis is (notable)"  -  usually (distinguished) is stated

    "16.
    The Supreme Court held that the intention cannot be to punish a motorist, or to
    present them with concealed pitfalls, traps, hidden terms or unfair/unexpected
    obligations, (or) can a firm claim an unconscionable sum. In the present case, the
    Claimant has fallen foul of those tests."  -  suggest that this should be (nor) even though it is in WS you adapted.

    "33. I submit that, whilst my blue badge was not visible in the windscreen, the
    subsequent (fine) was disproportionate,........."  -  add "wife's" here.

      -  (charge)  -  you will never see the word "fine" stated in any ppc documentation in this respect.

  • Edensashes
    Edensashes Posts: 34 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    unfortunately, i sent my WS last night so can not make changes now...
    i have received their documents and moneysavingexpert.com get a mention!!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep. But that's normal for that (presumably) BW Legal template WS.  Seen hundreds of times on here.  Search for a couple of words from it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Edensashes
    Edensashes Posts: 34 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    ok so i'm off to court tomorrow... in my witness statement, where i have quoted previous cases, do i need to print out and take with me, the whole document of that case, or just the section i have quoted from??

    Wish me luck
  • patient_dream
    patient_dream Posts: 4,037 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 21 July 2022 at 7:44AM
    ok so i'm off to court tomorrow... in my witness statement, where i have quoted previous cases, do i need to print out and take with me, the whole document of that case, or just the section i have quoted from??

    Wish me luck
    You can do if you wish but the best thing is to do a crip sheet listing all the points you wish to raise
    This is a memory jogger for you

    TIPS .... call the judge sir or madam. The judge will first question the claimant so listen carefully and then it's your turn..  Don't butt in when the judge is talking but work from your crib sheet

    Don't forget your costs schedule

    Good luck
  • Humdinger1
    Humdinger1 Posts: 2,450 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Break a leg @Edensashes! Looking forward to hearing from you later love Humdinger x 
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