Introducing Ws info not used in defence

Le_Kirk

Parked could be considered a generic term meaning that the car was stopped to: -
Leave it for some time
Allow passengers to board/alight
Allow goods to be loaded/unloaded

Punkstig

AOBTD!
Lasted less than 10 minutes, I didn't have to say a word!

Thank-you all!

YankeeBrit

Well done. Can you please provide us with a more detailed court report. Whilst we all appreciate the AOBTD acronym, an idea of what was said, on what points your defence/WS succeeded. Which court? Which judge?

Punkstig

Clerkenwell and Shoreditch county court.
Didn't catch the Claimants Solicitors name or the Judges!
The judge came across as not too happy that this claim had come to court in the first place as I had provided such sufficient evidence that I was collecting a package from a local address, was employed by a courier company as a motorbike courier and the vehicle had insurance for business use that it could clearly be taken that it was classed as a commercial vehicle.

Solicitor was asked for comment and I think she tried to refer to the motorbike being designed to carry passengers and was therefore not a commercial vehicle.

Judge proceeded to pretty much repeat what he had already said, thanked me for the robust evidence I had provided and mentioned because of that he didn't even need to touch on arguments about legalities of contracts and that was the end of it!

In my evidence was a copy of the job collection report, certificate of insurance, and a letter transferring legal ownership of the motorbike to the courier company when i started there (predating the event by a year) (fyi we needed to do this to make the insurance legal)

Punkstig

Didn't ask for costs, but should have due to how much time I had to unnecessarily put into this whole thing.
At the time I was just a bit stunned at how straightforward it all was and that he was so blunt to the solicitor that my appeal was clearly right all along, I just stood up and left with the loser!

Coupon-mad

Right.

Cases pleaded by Private Parking Solutions (London) Ltd are usually very weak.

Have you read yesterday's DLUHC publication of their Draft Impact Assessment and taken notes if things in it you want your Judge to know about the true cost of 'debt recovery' stage?

My notes about it are in the Discussion thread I started yesterday and I've edited the Template Defence with words you can grab for your hearing crib sheet.

Punkstig

I was reading your notes whilst waiting to go in to the hearing.
I'll stick around to make my voice known on the consultation.

Coupon-mad

Punkstig said:

I was reading your notes whilst waiting to go in to the hearing.
I'll stick around to make my voice known on the consultation.

Yay! I didn't refresh the page when I typed that (my bad).  WELL DONE!

ANOTHER ONE BITES THE DUST!

Glad you are sticking around. We are at the start of a two-step Consultation process.  If there is any evidence you can supply to this first 'call for evidence' please do.

But also the final Public Consultation will be vital to push the statutory regime over the line.