County Court Fine PLEASE HELP

Mollyc977

Thank you, I will submit WS and evidence later this afternoon on here.

Slight issue finding evidence as the date of the claim was from May 21 and the images I can see online are from Dec 21 - will this matter much?

Fruitcake

Aver that the signs from GSV images captured in December 2021 were in place at the time of the alleged event and put the claimant to strict proof that the contrary is true.

None of the signs on the left, including the one in the largest font do not mention a charge for breaching Ts and Cs.
The sign on the right is up a pole and unreadable.

The next image in the 2021 series is useful as well because the closer you get to the right-hand sign demonstrates that it is impossible to even see the text let alone read it.

Wales - Google Maps

Mollyc977

Thank you - so I should acknowledge in my WS that the evidence is based on images from December, however, this was the same as May 2021? 

I do feel like I am repeating myself from my defence but I suppose I am just going through the facts again. 

Fruitcake

Yes, and pick positions and angles and zoom in/out that best suit your case.

Fruitcake

I would suggest something like this series of images from a simulated driver's eye view.









Highlighting no mention of charges for failing to comply on the left hand "readable" signs, and signs on the right with Ts and Cs being unreadable.

Mollyc977

Thank you so much @Fruitcake - i appreciate all your help with this.

I have attached my WS (hope i have done this right) https://1drv.ms/w/s!AnAdXUt2KLL-jiZPCl1K5csYHIxo?e=HLUUzq

would appreciate any feedback before I submit tomorrow - thanks all

Fruitcake

Para 2, change "offence" to "event".

Para 4, "drive" should perhaps be "driver".

Para 5 should have the explanation about losing the contact lens before anything else. I wouldn't mention a gust of wind, just that you lost it. I don't think the times help or are needed. I would just mention an unavoidable delay.
I would take out, "As the keeper of the car" and make Para 6 part of Para 5 before mentioning taking all reasonable steps to leave, then renumber.

Para 7 needs to include the fact that the Jopson vs Homeguard was an appeal case and is therefore persuasive on the lower courts.

Para 11 should read "nor" not "not".


Your comment about the sign on the right appearing not to face the road is countered by the image in Exhibit 3 that shows it is facing the road.

I think you need to make more of the fact that the main sign on the left is in large font, and the other signs on the left appear to be of a reasonable sized font to draw the eye which will automatically draw the driver's eye away from the yellow sign. Also point out that there are no Ts and Cs on the prominent signs, and no mention of the consequences of not complying with Ts and Cs.
Then make more of the inadequate yellow sign on the right being high up and unreadable.

Unless you or your partner are wheelchair users, I wouldn't mention the subject.

You haven't mentioned that the images are from Google Streetview, aver that it is reasonable to assume on the balance of probabilities that they were present at the time of the alleged event, put the claimant to strict proof that the contrary is true, and you have chopped off the image capture date from the bottom 

Remember once completed it will need to be converted to a signed pdf before emailing it to the court and the claimant and yourself.

Mollyc977

Fruitcake said:

Para 2, change "offence" to "event".

Para 4, "drive" should perhaps be "driver".

Para 5 should have the explanation about losing the contact lense before anything else. I wouldn't mention a gust of wind, just that you lost it. I don't think the times help or are needed. I would just mention an unavoidable delay.
I would take out, "As the keeper of the car" and make Para 6 part of Para 5 before mentioning taking all reasonable steps to leave, then renumber.

Para 7 needs to include the fact that the Jopson vs Homeguard was an appeal case and is therefore persuasive on the lower courts.

Para 11 should read "nor" not "not".


Your comment about the sign on the right appearing not to face the road is countered by the image in Exhibit 3 that shows it is facing the road.

I think you need to make more of the fact that the main sign on the left is in large font, and the other signs on the left appear to be of a reasonable sized font to draw the eye which will automatically draw the driver's eye away from the yellow sign. Also point out that there are no Ts and Cs on the prominent signs, and no mention of the consequences of not complying with Ts and Cs.
Then make more of the inadequate yellow sign on the right being high up and unreadable.

Unless you or your partner are wheelchair users, I wouldn't mention the subject.

You haven't mentioned that the images are from Google Streetview, aver that it is reasonable to assume on the balance of probabilities that they were present at the time of the alleged event, put the claimant to strict proof that the contrary is true, and you have chopped off the image capture date from the bottom 

Remember once completed it will need to be converted to a signed pdf before emailing it to the court and the claimant and yourself.

Thank you - I will amend and post updated version tomorrow before submitting. 

Just a couple of queries please 

- would you suggest I remove my point about the sign on the right? Does this really add to my statement?

- where in the witness statement should I mention about the date on the GSV images? Possibly at the start after point 3? 

Thanks Again @fruitcake! Your help really has been invaluable 

ampersand

Yes, Fruitcake🙂 - 👏,for much sound help there again. 
Mollyc977 - a tiny spelling extra: lens (singular)
"Since many common nouns are made plural by adding an "s" to the end of the singular form, people sometimes incorrectly assume that the word lenses is formed by adding an "s" to lense. However, lense is not a word in American English or U.K. English (or any other language). The correct singular term is the word lens."

Fruitcake

GSV images have the image capture date embedded at the bottom right, so you just need to ensure you don't crop it out.

Yes, mention para 3 that the exhibits include Google Street View (GSV) images taken in December 2021, then aver they were there on the material date etcetera.

You definitely need to include a point about the sign on the right being high up on a pole, unreadable, and that at the material time the driver's attention would have been drawn to the clutter (use that word) of signs on the left meaning they would not notice the sign on the right.
You don't need a point about it not facing the road. One of the images I posted showed the sign at right angles to the direction of travel merely to demonstrate that the nearer the driver got, the harder it was to actually see it.