HELP: Parallel Parking Court Claim

GolfR12

Coupon-mad said:

Yep.  Which is why he needs my version.

Many thanks. Just in relation to you suggested amendment in which you stated the below:

'Dates' and 'PCNs' (plural) is wrong in the context of your denial of driving this car. Surely you mean 'the date relating to this PCN and vehicle'.

Am I ok to leave the plural in terms of the date as the PoC states 'on 10/11/2022, 11/11/2022' as it isn't clear which PCN relates to which date?

Coupon-mad

Maybe just leave the date out and make it clear you are talking about the PCN relating to the second vehicle.  No plurals!

GolfR12

Coupon-mad said:

Maybe just leave the date out and make it clear you are talking about the PCN relating to the second vehicle.  No plurals!

3. It is admitted that the Defendant was the registered keeper and driver of the vehicle XXXREG1

 

4. It is admitted that the Defendant was the registered keeper of the vehicle XXXREG2, however, it is denied that the Defendant was the driver in relation to the PCN for this vehicle. 

Is this ok? 

Coupon-mad

Yep, much clearer.

GolfR12

Hi guys,

At which stage would I put my details as the 'lay by representative' for the defendant?

Currently at the DQ form stage which we need to complete today.

Thanks

KeithP

GolfR12 said:

Hi guys,

At which stage would I put my details as the 'lay by representative' for the defendant?

Currently at the DQ form stage which we need to complete today.

Thanks

Just turn up at the hearing and tell the usher that you will be acting as a Lay Representative for the Defendant.
They should have no problem with this, but take a printed copy of The Lay Representatives (Rights of Audience) Order 1999.
A simple one page document.

Le_Kirk

You just turn up at the hearing (with the defendant, who must also attend) and tell the court usher that you are the lay rep.  Take a copy of the The Lay Representatives (Rights of Audience) Order 1999

GolfR12

Thanks guys :-)

GolfR12

Hi guys, so FIL has forwarded me a copy of the claimants witness statement which is dated 13/10. Hearing date is on 03/11 which I've only been advised of today! I understand from the parking thread that the Witness Statement needs to be filed no later than 14 days before the hearing, so I have until Thursday to be safe? 

I will start drafting this up tomorrow. 

The claimants witness statement revolves around the fact that payment is required at all times as per the T&C's. However, I have called the venue today and they have confirmed that payment is not required when using the venue and bar staff will register the vehicle reg when purchasing a drink. I also have images from inside the venue which state to register vehicle reg with bar staff. 

The defence was based on the defendant should not be held accountable for the failure of bar staff to register the vehicle reg. Just to confirm, I will be reiterating this in the witness statement alongside including all the regular stuff for the WS?

Is it imperative to include images of the signs in the car park in the dark? As may need to get FIL to make a trip down to the venue if needed. 

Many thanks

P.S. Claimants WS stated the defendant is using a generic defence which can be found on the internet and it is highly doubtful that the defendant would understand the complexities etc etc lol

They have also stated 'it is therefore submitted to the court that notwithstanding the defence that has been filed, my company has satisfied the burden of proof in this case and is entitled to judgement'. Is it normal for them to be asking for judgement at this stage?

KeithP

GolfR12 said:

Hearing date is on 03/11 which I've only been advised of today! I understand from the parking thread that the Witness Statement needs to be filed no later than 14 days before the hearing, so I have until Thursday to be safe?

You best check on that.
Whilst '14 days' might be usual, the Notice of Allocation will confirm it... or not.

Look again at the Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.