Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

These where reportedly taken AUG 2017, by @Daman1985 (my fine was DEC 2017)

https://www.dropbox.com/s/t7nwompp6zj6ew9/POPLA%20Appeal%20Photo%20taken%20by%20me%20Aug%202019.pdf?dl=0 

However on @Daman1985 thread, he also stated Premier Park supplied the below images, dated a month before the ones he took;

https://www.dropbox.com/s/pjc6bk6r8da1hzh/2019%2009%2011%20-%20POPLA%20Appeal%20-%20response%20from%20parking%20company%20-%20VETS4PETS%20SIGNAGE%20GDPR%20%28262%29.pdf?dl=0

However there is something really strange going on because they appear everywhere in the pic by PPL JULY 2017, the poster above saying pics taking in AUG with no signs, then in May 2018 they appear back. 




BUT on further inspection, the pics PPL provided show the signs below the lower brick course line in JULY 17, in MAY 18 they are above the brickwork line, so clearly replaced/moved



 Who has the burden to prove if the signs where there or not at the time of incident? 

also if a car parks in front of those bloody signs you're never seeing them. (I dont think there where during my visit mind)

B789

The whole point of the claim is that the PPC has alleged whatever is in their PoC. Your defence was based on the contents of those PoC and their original PCN. The claimant has the burden of proof to counter your defence.

Coupon-mad

Harvez63 said:

These where reportedly taken AUG 2017, by @Daman1985 (my fine was DEC 2017)

https://www.dropbox.com/s/t7nwompp6zj6ew9/POPLA%20Appeal%20Photo%20taken%20by%20me%20Aug%202019.pdf?dl=0 

However on @Daman1985 thread, he also stated Premier Park supplied the below images, dated a month before the ones he took;

https://www.dropbox.com/s/pjc6bk6r8da1hzh/2019%2009%2011%20-%20POPLA%20Appeal%20-%20response%20from%20parking%20company%20-%20VETS4PETS%20SIGNAGE%20GDPR%20%28262%29.pdf?dl=0

However there is something really strange going on because they appear everywhere in the pic by PPL JULY 2017, the poster above saying pics taking in AUG with no signs, then in May 2018 they appear back. 




BUT on further inspection, the pics PPL provided show the signs below the lower brick course line in JULY 17, in MAY 18 they are above the brickwork line, so clearly replaced/moved



 Who has the burden to prove if the signs where there or not at the time of incident? 

also if a car parks in front of those bloody signs you're never seeing them. (I dont think there where during my visit mind)

That's the one!

The Claimant has the burden.  It will be interesting to see what (imaginary?) date is added to the images in their bundle this time...fishy, innit?

Harvez63

 A starting draft for the defence, hopefully along the right track? I'll add the google images as exhibits after comments, just to make sure I'm on the right road 

Do I really have to file this within the date the judge set? if so they've deliberately sent the claim a week late then to cut my response time down

** Defence removed for clarity, see latest post **

 

Harvez63

** Defence removed for clarity, see latest post ** 

Le_Kirk

That is rather long for a defence - reads more like a witness statement - and evidence does not go with a defence but with a witness statement (although it may be different for your case as this is following a judge's order).  All paragraphs require a number.  If you decide to keep all that between paragraphs 3 & 4 you need to edit what you have written as it is difficult to follow; just as an example: -

Only by revisiting the sign site after receiving the PCN did The Defendant learn it the sign read “Private”, however this is only readable by standing in front of the sign directly, which is unreadable from a car. Entry to this car park also involves crossing a busy footpath, and directly behind the sign are neon lit signs for subway, a small “P” isn’t readable and invites parking, not signally signalling any contract was being entered into. 
The car park is next to subway, but the parking is apparently owned by Vets4Pets in the building adjacent. Two signs are placed on the wall noting Vets4Pets, which are directly central to the car parking bay, and when a car is parked in front of them, unreadable. The Defendant did not park in these spaces, or any space for as a matter of fact. 

If the small "P" isn't readable, how did you read it?  If you didn't park "in these spaces, or any space" where did you park, the judge needs to know.

Harvez63

Sorry grammar and spelling isn't my strong point 

I took this from the newbies thread but you've got me worried now it was intended for a witness statement? pressure is on again and I'm panicking a little. Not about the court hearing, just about getting this nailed on and submitted before Wednesday 

Coupon-mad

Do I really have to file this within the date the judge set? 

Yep, you have to do everything right.  Strictly comply with exactly what was ordered; this stage is easy.

And that is the template defence so it is the correct one to use.

Southampton Judges don't mind lengthy submissions.  Lovely DJ Grand was happy to listen to me when I warbled on in the (old) Crosby case!

This section is important (I've suggested some changes) but all paragraphs MUST be numbered, so this will surely be para 6 according to your added paragraphs:


6.  Whilst reviewing the location historically since the PCN was received, its noted these signs appear to move regularly, they are there one year, but not the next. In 2017, according to Google Streetview, there was sometimes a P sign on entry, which read “Parking restrictions in place, see additional signs for full details”, however the only additional sign was (again, sometimes) placed above car height, on a dark shadowed brick wall.  Even if it was there - and the Claimant is put to strict proof - this sign isn’t adequate and therefore wasn’t noticed either. There where no other signs at the time of the event to indicate parking restrictions were in place.  Along with his witness statement for this hearing, the Defendant will append Google Streetview images to demonstrate the 'now-you-see-it-now-you-don't' disappearing signage issue at this notorious entrapment zone.

Harvez63

Thank you @Coupon-mad. 

Is paragraph 4 OK? I wanted to stick it to them a bit. 

I dont know how small claims court work, is there a possibility of getting DJ Grand? I'd love him to get this claim again and see they disrespected his orders. I feel like this is the sort of thing that would annoy 

Harvez63

** Defence removed for clarity, see latest post **

Items then the same as previously posted but numbered correct. 

I will append all google images for the site, shall I also append the consent order signed by BW legal and the judge Order? 2 reasons 1; they signed something saying they improperly served me and 2; they missed the deadline