Bailiff Knocked on the door yesterday

KeithP

JacksSon said:

Coupon-mad said:

Yes. The one below your thread on the first page of the forum right now is good.

My goodness you need some facts and your defence facts were nothing at all.  You can't just say you don't know who was driving.

"horizon parking rejected appeal" - is this one ?

There's no Witness Statement in that thread.

JacksSon

right that was showing me as thread bellow. another one is vcs-dcbl, but the ws in it, relates to setting aside the ccj, and not much for step after 

Coupon-mad

It's neither of those.

Just look for the one tonight with the Witness Statement. I saw it just now.  Easy to find. Or search the forum for Parking WITNESS STATEMENT and change to NEWEST results.

I hoped this would be done tonight so it could be emailed first thing.

Currently you have supplied no defence facts and no relevant witness statement that relates to the claim allegations.  You haven't told the court anything to respond to the claim.

I'm not on the forum much tomorrow.  You can't wait for comments.

Just do a proper witness statement about what happened re the PCNs and why you are not liable.

Reading the defence, I don't even know what the PCNs were issued for, why your car was there, whether you live at the location or were shopping there.

Highview are normally at retail parks. Yet you've given the Judge nothing to work with.

You can't just say you "don't know if you were driving" unless you know how to explain to a Judge that the PCNs were not compliant with Schedule 4 of the POFA 2012 (which Highview PCNs were not in 2020, which MIGHT save you at the hearing). But only if you know how to point out the NTK wording omissions.

I'm so sorry to say: unless you get lucky or research the POFA Schedule 4 ready for Monday, you are in danger of snatching defeat from the jaws of victory and being ordered to pay the PCNs.

I hope I'm wrong but you need to address this sharpish and not tomorrow afternoon. You must respond to the claim and I hope you were being truthful that you weren't driving because that's what your defence suggested.

JacksSon

this is the place. On the left it is a supermaket and parking space side, on the right side is the gambling shop and appearantly the parking slots (on the opposite side) belongs to them. Most of their signs are located on the right hand side of the  wall ( the gambling 'Bingo' side 

JacksSon

a barrier is on place as you see on the picture, but never operate. They used to close the driveway time to time but not lately

JacksSon

Coupon-mad said:

I hope I'm wrong but you need to address this sharpish and not tomorrow afternoon. You must respond to the claim and I hope you were being truthful that you weren't driving because that's what your defence suggested.

It is true, at the time i was sharing the car with 2 (work) colleagues of mine and a family member. Because the evidence pictures are not clear, i'm not able to say whether that was me or one of the mentioed person. (Also i've used that space to)

JacksSon

I'm guessing that i don't have sufficient time to draw a ws. Is there a procedure to postpone the hearing to a later date? Based on the fact that nor dcbl or the Court has notified me on time? I think 2 weeks is not enough

Grizebeck

Not unless a fee is paid and it is more then likely the court did write to you to advise
So just crack on and do it.

Le_Kirk

Your witness statement is in support of and backs up, with evidence what you wrote in the defence.  You claimed that you didn't know what you were defending because the POC were sparse and you didn't know who was driving because you shared the car with work colleagues and a family member.  That is the start of a WS.  Hopefully somewhere on the claim form it gives the date of the event and the location.  You have some photos to use as evidence, so, again presumably, you know where the car was alleged to have been.  Are you using the POFA 2012 to claim no liability as the PPC have not transferred liability from driver to keeper?  If so, the WS needs to say that.  Otherwise it needs to be a narrative, the story of what happened on that day as far as you can recall.

Coupon-mad

Are you using the POFA 2012 to claim no liability as the PPC have not transferred liability from driver to keeper?

This is the winning point.

The OP is going to have to be able to show the Judge at Monday's hearing that the NTKs are all non-POFA worded. 

There is no Schedule 4 paragraph 9(2)f 'keeper liability'  claimed on 2020 Highview PCNs.