Highview parking County Court Claim SAR and Defense advice - reduced timeframe due to postal error!

KellfromHell

thank you very much @Coupon-mad!

My parking tickets are around the 10h mark for stay length. My belief is that it falls under the inadequate signage but I was wondering if you would recommend any other type of defense or templates to base it off of? I have attached pictures I currently have of these signs below.

KellfromHell

any advice on the above from @Le_Kirk, @Umkomaas, and @Fruitcake would also be greatly appreciated! 

Coupon-mad

Have another read of your defence. Your first point was not signage...

Umkomaas

KellfromHell said:

any advice on the above from @Umkomaas would also be greatly appreciated! 

Keep going through the required court phases and hope you follow the path of others in Highview/DCB Legal cases ..... and achieve a discontinuation. 

Sebi_895

@KellfromHell - you want to get onto the bit about 'Non-Compliance with PoFA' - thats what your Defence was going for.

Le_Kirk

Your witness statement has to be "in support of and back up your defence as already filed" therefore, you need to provide narrative and evidence to support and back up what you put in your defence as indicated by @Coupon-mad and @Sebi_895

KellfromHell

Thank you all, this steer is really useful. I think you can tell I'm quite inexperienced with this! I will keep working on it. @Coupon-mad, @Umkomaas, @Le_Kirk, and @Sebi_895

KellfromHell

Umkomaas said:

KellfromHell said:

any advice on the above from @Umkomaas would also be greatly appreciated! 

Keep going through the required court phases and hope you follow the path of others in Highview/DCB Legal cases ..... and achieve a discontinuation. 

I'm hoping so. From your experiences, have you seen many cases won using the POFA argument?

Coupon-mad said:

Have another read of your defence. Your first point was not signage...

Le_Kirk said:

Your witness statement has to be "in support of and back up your defence as already filed" therefore, you need to provide narrative and evidence to support and back up what you put in your defence as indicated by @Coupon-mad and @Sebi_895

Sebi_895 said:

@KellfromHell - you want to get onto the bit about 'Non-Compliance with PoFA' - thats what your Defence was going for.

Umkomaas

I'm hoping so. From your experiences, have you seen many cases won using the POFA argument? 

Really only argue that in court - and you'd need to know your way around PoFA, it's implications and nuances in relation to the keeper - if you were definitely and provably not the driver. Otherwise, you're vulnerable to a direct question from the Judge, 'Were you, or were you not, the driver on the day?'  You do not want to lie in court (a potential criminal act), nor do you want to appear evasive and undermine any credibility as a reliable witness in the process. 

But, I'm not sure whether you've read my post above and/or my thread about Highview/DCB Legal discontinuations ........?

KellfromHell

Umkomaas said:

I'm hoping so. From your experiences, have you seen many cases won using the POFA argument? 

Really only argue that in court - and you'd need to know your way around PoFA, it's implications and nuances in relation to the keeper - if you were definitely and provably not the driver. Otherwise, you're vulnerable to a direct question from the Judge, 'Were you, or were you not, the driver on the day?'  You do not want to lie in court (a potential criminal act), nor do you want to appear evasive and undermine any credibility as a reliable witness in the process. 

But, I'm not sure whether you've read my post above and/or my thread about Highview/DCB Legal discontinuations ........?

This is good advice, thanks! It seems like discontinuations are fairly common and happen shortly before the court date or the submission day (is this right?).

I am concerned given the amount in question (~£750 excl court/lawyer fees) and timeframe. It was a completely unremarkable date/time and I was one of 3 drivers on the insurance at the time. From the SAR, all pictures they have are from ANPR cameras and combined with the unremarkable date/times, would this suffice as insufficient evidence of driver?