Didnt pay to drop someone off at Gatwick airport: Do I have a defence?

Coupon-mad

I think you might be misreading that second one because bundles are NEVER first exchanged the day before (unless the 14th Jan hearing is just a 30 minute interim/directions Hearing).

One day before a hearing would be unjust.  Both parties would be disadvantaged and would have no time to read anything.  

If this is the (one hour or whatever) full hearing on 14th, then that one probably said in the much earlier Notice of Allocation that you have to file & serve your evidence not later than 14 days before the hearing. If the PPC has sent you theirs then that's another huge clue.

The hearing letter might well say that e-bundles should be submitted electronically 'not less than a day before' (in readiness for a remote hearing?) BUT that is never the first time the other side should have seen your bundle,

Castle

bamme89 said:

I ask because I have another hearing for a separate PCN (surprise surprise) on 14 Jan, and in this notice of allocation, I am asked to submit my documents the day before (13 jan). 

Am I misreading something here? 

The 14th Jan is a Saturday!

bamme89

Thanks guys I will give this one another look over tomorrow it didn’t make sense to me either that it’s be a Saturday but I’ve never been to court before I suppose!

Grizebeck

I assume this spot is covered under airport byelaws ? (a general question)

bamme89

Ok all I have prepared my first draft of a WS bundle. I used aphex007's WS as a template. I have redacted any personal info and put it here: https://www.dropbox.com/s/wmtot2aq5o275bf/DRAFT WS 1 REDACTED.pdf?dl=0

May I ask for critique please?

I also have the following questions:


1. In paragraph 1, if my WS was to read “I am Miss A of B…” do I put my address in place of B? I am unsure as this has been redacted in the original template.

2. The exhibit numbers in the template are Exhibit xx-01 .. etc - what do I replace the xx’s with? I am unsure here what was originally redacted.

3. I have used some screenshots from Google Earth in my exhibits. The .jpg data would show the timestamps of when I took the screenshots, but not when the actual photos were taken by Google Earth. 

Whilst Google gives an ‘imagery date’  for the expanded view of the road layout in one of my exhibits, it does not give an imagery date for the close up ‘on foot’ views of the dropoff point. Thats just a nuance that Google Earth has apparently. 

Given that the imagery date of the expanded view may or may not be the same date the closeup views were shot, and also that the airport may have added more parking signs by 2021 when the incident happened (a year after the 'imagery date' given by Google), I am unsure about whether I should just use the timestamp of when I took the screenshots, or manually manually add the Google imagery date.

4. I dont think my subheadings sound great (except the abuse of process one which I copied from the template). Can anyone suggest better ones? 

5. In my defence the following point was made: 

"...as a matter of fact and law, the Claimant (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'. If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely, but not only is that not pleaded, it is also not legally possible because the Claimant is not the Airport owner and their 'parking charge' was not and never attempted to be a penalty..."

I have tried to reiterate this to the best of my ability in my WS in paragraph 9 and 10. Can anyone let me know if I have done ok? 

5. In pages 4-7 under the subheading 'Abuse of process', I have used excerpts reworded from my defence, as I also noticed similar from the example template. I have also included the same exhibits that correspond to the cases mentioned in the example template.  I admittedly got a bit lost here in my understanding of these points, but just included them as they were mentioned in my defence (which I got a lot of help with) and the template. Im concerned they aren't necessary and also that I won't be able to answer any questions about them if asked as I don't actually fully understand them.

Im also wondering about the Bevis case being mentioned, as I am unclear still as to whether I should be mentioning or using this case at all. A previous post seemed to suggest not using it to differentiate from my case any more which I have not, however its use as an example of general abuse of process I suppose might still be relevant, as it was used in the example template.

I have to submit this by the 3rd Jan (4 days!) so any help would be hugely appreciated!

Le_Kirk

1.  Yes, put your address - the court will know it anyway.
2. Exhibit xx-01 .. etc; the xx are your initials.

bamme89

Hi all I will be submitting this tomorrow may I ask could anyone shed any light on the other questions? 

Coupon-mad

Use Google StreetView, not Google Earth.

Remove 4 entirely as it's repeated in 6.

Remove 'accept the agreement and' from point 7.

Change 'abuse of process' to 'disproportionate and inflated claim'.

Change your heading about driver / keeper to 'No keeper liability' and append 4 more exhibits and refer to them in that section:

- Excel v Smith (appeal)*
- Excel v Lamoureux*
- POPLA Annual Report 2015 (the page about keeper liability) - Google it or search this forum to find it used in a WS already;
- the POFA section 56 DFT Guidance from 2012 here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

Find the part about 'what land does the POFA apply on?' and refer to & quote that in your WS.



*search the forum and find/copy from a recent 2022 WS where someone has used those cases and explained them.
 

bamme89

Thank you so much! I have put my redacted second draft here: https://www.dropbox.com/s/u83oaabv38gpfnr/DRAFT WS 2 REDACTED.pdf?dl=0

I will email it before 4pm today. One last question is, where I am asked to send it to all parties, I assume it just means the claimant NCP, and that I should send it to their solicitor. I just want to make sure this is correct, or do I send it directly to NCP's main contact email address?

And I assume I just find the county court's email address and send there with my claim number in the subject line? 

Umkomaas

bamme89 said:

Thank you so much! I have put my redacted second draft here: https://www.dropbox.com/s/u83oaabv38gpfnr/DRAFT WS 2 REDACTED.pdf?dl=0

I will email it before 4pm today. One last question is, where I am asked to send it to all parties, I assume it just means the claimant NCP, and that I should send it to their solicitor. I just want to make sure this is correct, or do I send it directly to NCP's main contact email address?

And I assume I just find the county court's email address and send there with my claim number in the subject line? 

You email a copy to the solicitors, not NCP, and a copy to the court to which your case is allocated (not the Northampton CCBC).