Bristol Airport VCS - Stopping to Drop Off Charge Notice - Pedestrian Crossing

Im_tired_of_this

Okay, so I'm running out of time, given my commitments at work today, to do much more on this. I was on hold with CCBC Money Claims department for half an hour before the system hung up on me. 

While it is clear I could have handled this better than I have, I'm not despondent. I have made enough key points in my defence on which previous cases appear to have been thrown out, and I am going to leave it where it is and see what happens. 

If I've cocked up as a result of not spending enough time with you good folks, or if I have missed the mark in my defence sufficiently to lose myself the case, then I'm happy to be a cautionary tale. 

Thanks again, for everyone's help so far, I'll update when I have news.

Coupon-mad

Well yes, you should admit to driving in most cases...for clarity and honesty but what you DON'T do is then deny it.  You can't say one thing then contradict it.

You only say you don't know who was driving if that is true!

My defence has been submitted in a condensed form (122 lines) via the MCOL box.

That is a disaster.  I am so sorry but it is an awful situation and went against all advice in the NEWBIES and TEMPLATE DEFENCE thread.

Do you know how much of your defence went in?  You are now limited to that.

B789

Can someone explain? I was working on the assumption that this was the time to admit it, otherwise why would the template defence emphasis this?

Because you have relied on the POFA in your defence. All along you appear to have jumped the gun and it seems, to have presumed you know best. For example, submitting your defence using the text box on the MCOL site.

Another thing, are you not the Registered Hirer as the vehicle is leased?

Im_tired_of_this

Hi @Coupon-mad

I edited and re-edited my MCOL defence until all of what I've posted in my message at 11:58 today (my defence message) was submitted. The original, long-form, of the defence was about four times too long, so I carefully edited it down so that each point survived, but that the details of case law and other examples and references didn't make it through. I'm confident that it is not a disaster, as I was very thorough in making sure the key points made it in. My witness statement, if we get to court, will add all the details, i.e. the meat on the bones.

Thanks for your concern.

Im_tired_of_this

B789 said:

Can someone explain? I was working on the assumption that this was the time to admit it, otherwise why would the template defence emphasis this?

Because you have relied on the POFA in your defence. All along you appear to have jumped the gun and it seems, to have presumed you know best. For example, submitting your defence using the text box on the MCOL site.

Another thing, are you not the Registered Hirer as the vehicle is leased?

Thanks @B789 It is distinctly possible that in the time I allowed for the preparation of this defence, I have missed understanding fully, the complexities. I've already said that I must have missed the specific recommendation not to use the MCOL form, and explained that I was concerned about deadlines as the reason I used it. It feels a bit unfair to accuse me of presuming I know best, because I know fully I don't. I may well have made an expedient decision or two as time was running out. But that is negligence, not arrogance. 

And yes, I suppose I am the Registered Hirer, but I've never come across that distinction before. How does it make a difference?  

B789

Im_tired_of_this said:

Can someone explain? I was working on the assumption that this was the time to admit it, otherwise why would the template defence emphasis this?

You were told not to admit to being the driver. No one told you to deny it if the question arose!

Im_tired_of_this said:

I'm confident that it is not a disaster, as I was very thorough in making sure the key points made it in.

Do you even read what @Coupon-mad and others advised? I hope your confidence is enough to get you out of the PPC's clutches.

Everywhere on this forum it tells you to NOT use the MCOL text box and to submit your defence as a PDF by email. 

Im_tired_of_this

Coupon-mad said:

That is a disaster.  I am so sorry but it is an awful situation and went against all advice in the NEWBIES and TEMPLATE DEFENCE thread.

I know that the Template Defence talks specifically about sending an email, but I'd really like to be shown where on those threads where 'all advice' tells Defendants not to use the MCOL form. If I've missed it, then hands up, I didn't pay full attention. If it is implied by its absence, then perhaps that could be made clearer, to help newbies like me not make the same mistake. 

Trainerman

It is in Bargepole's Court Claim Procedure thread, which is linked to from the second (I think) post in the 'Newbies'.

A bit irrelevant now though. Look, we feel for you but if you have dropped a bit of a b*****k we can still help you do your best at WS stage. So keep the forum posted on your progress.

Im_tired_of_this

B789 said:

Im_tired_of_this said:

Can someone explain? I was working on the assumption that this was the time to admit it, otherwise why would the template defence emphasis this?

You were told not to admit to being the driver. No one told you to deny it if the question arose!

Except where I was told to admit to it in the template defence. I have not made reference to denying it. 

Im_tired_of_this said:

I'm confident that it is not a disaster, as I was very thorough in making sure the key points made it in.

Do you even read what @Coupon-mad and others advised? I hope your confidence is enough to get you out of the PPC's clutches.

Everywhere on this forum it tells you to NOT use the MCOL text box and to submit your defence as a PDF by email. 

Thanks @B789 but ouch! I've spent hours on this forum trying to do the right thing. I'm incredibly grateful of the work @Coupon-mad has done, and I've read tons of their posts. 

Im_tired_of_this

Trainerman said:

It is in Bargepole's Court Claim Procedure thread, which is linked to from the second (I think) post in the 'Newbies'.

A bit irrelevant now though. Look, we feel for you but if you have dropped a bit of a b*****k we can still help you do your best at WS stage. So keep the forum posted on your progress.

Thanks. I appreciate it.