Updated 08/03 - I won my case!

Coupon-mad

Great.  THAT is your honest account.

It's compelling, but you must assume the Judge doesn't know much about the POFA so you must have notes to explain that parking firms DON'T get automatic 'keeper liability' and take him/her to Excel v Smith (that I think you had as an exhibit, IIRC).

Do not let the Judge ignore that transcript.  Point out it was on appeal to HHJ Smith, so it is persuasive on the county court and the cases are factually the same in terms of this question of lack of legal liability.

Non-POFA Notice to Keeper, in a case where there is no evidence nor likelihood that the Defendant was driving.  The Claimant has no cause of action.

Taiko

Looks like you have District Judge Spencer, although I see two claims back to back with Highview. Best of luck today, and look forward to hearing the outcome this afternoon. 

RoseNarene

I didn't even know you could look that up! But I see it now. Yes I will definitely let you know.

RoseNarene

Is there any advantage to being the first one or the second one? (I ask without revealing which one I am, haha! - not that it maybe matters any more?!)

Fruitcake

Unless stated otherwise, courts are a public place and you are entitled to be a spectator at any hearing. I suggest you seek out the other victim and have a chat. If you are first, invite them to come along to watch the process. If they are first then say that you would like to sit in on theirs.

That way at last one of you will know what to expect when it's their turn, and each will know they are not in this alone. It will also give one of you the opportunity to take notes on what to expect.
Have a chat and compare notes, but do not discuss the cases with any legal reps, and make sure not to accept any documents they might try to give you.

You could ask if they posted on this forum and if so, what their username is, assuming of course that they don't mind telling you. Getting feedback from the courts is extremely important for us.

Also talk to the court ushers when you arrive and make sure you know which room you will be in.

I believe there is a slight possibility that both cases might be heard together, although I think you would have been warned beforehand, if it's the same judge, same PPC, and the circumstances are similar.

Remember that as of this year, judges are no longer to be referred to as sir or madam, but as judge.

RoseNarene

I got here too late to speak to the other victim, as they were first (an hour before me). Im second. But that would have been great to speak to them and maybe sit in on their hearing, and offer the same in return. 

Sitting in the waiting area now. I’ve signed in. It’s the same place where I came for my finances hearing during my divorce. I’ve been told someone might want to come and speak to me, haha! 

RoseNarene

The judge is now considering the points made. The claimant’s solicitor said that the images prove I was on my own, so therefore I was the driver (I had to be honest obviously and say that if there was only 1 occupant, then obviously that would’ve been me as the driver). He zoomed right in on the pictures and said there’s clearly no passenger. Personally I don’t think you could see that at all. They’re so blurry and I don’t see how you could make a decision based on those. He also said that because I don’t have any evidence of named drivers on my insurance policy, that proves that no one else drove my car.

I know they won’t get the costs though, even if I lose. The solicitor said he wouldn’t fight the judge on that again. 

The other thing they said is that if they do decide I was the driver, then we would have to have another hearing for me to bring all
the other points (about congestion, the fact the kids were with me etc) to argue. 

DE_612183

If there is no passenger that doesn't mean you were driving - how have they got your insurance details?
Coud someone else can be insured for the same car on a different policy?

RoseNarene

I guess it doesn’t really matter cos I WON

The_Loner

Well done 👏