Two NPM/Gladstones Cases - WON AT COURT

Le_Kirk

I note that they didn't tell NPM to immediately send your data!  Of course you may have it by now.

AdamBliss

I just got a letter today from the county court. It is regarding just 1 of the 2 claims filed against me by NPM/Gladstones.

It says the hearing will take place on January 22nd 2024
I have until January 4th to send copies of all documents/witness statements to the court and the other party. 

Now I need to work on my witness statement and send any supporting documents. 

AdamBliss

Just received the witness statement from NPM/Gladstones... 

Most of the points are just stating how they have the authority to issue PCNs, why they rejected my defence, and their parking service level agreement with the snooker club where I parked. 

They included pictures from 1:19 pm to 1:25 pm, no 10-minute grace period, no PCN on my windscreen, and they literally pictured me leaving at 1:25 pm...

In the spot I was parked, there were no signs on the wall, no signs at the entrance of the car park too.

AdamBliss

In paragraph 8 in the letter from the county court, it says: ''A judge made this order without a hearing. If either party wants to apply for this order to be cancelled, changed or put on hold, they must do so by 14 Dec 2023''...

Can someone clarify this? I am confused since the previous page says the hearing will take place on 22 Jan 2024... 

AdamBliss

Writing up my witness statement now. 

The claimants witness statement shows the picture of me entering my car to exit car park. It doesnt show my face.

Do you think I should still admit I was the driver in my WS?
and if so can I still use PoFA 2012 since I had no PCN on windscreen and I received the Notice to Keeper after 14 days of the date of parking. 

Bear in mind In my Defence stage I admitted I was the keeper and driver... 

@Le_Kirk @Coupon-mad any advice? 

Coupon-mad

AdamBliss said:

In paragraph 8 in the letter from the county court, it says: ''A judge made this order without a hearing. If either party wants to apply for this order to be cancelled, changed or put on hold, they must do so by 14 Dec 2023''...

Can someone clarify this? I am confused since the previous page says the hearing will take place on 22 Jan 2024... 

That just means the Order was made based on reading the papers thus far, and the Judge considered the case should go to a hearing.

And obviously you continue to defend as the driver!

KeithP

AdamBliss said:

Writing up my witness statement now. 

The claimants witness statement shows the picture of me entering my car to exit car park. It doesnt show my face.

Do you think I should still admit I was the driver in my WS?
and if so can I still use PoFA 2012 since I had no PCN on windscreen and I received the Notice to Keeper after 14 days of the date of parking. 

Bear in mind In my Defence stage I admitted I was the keeper and driver... 

@Le_Kirk @Coupon-mad any advice? 

Read again the whole of that post you have just written.

You ask...

AdamBliss said:

Do you think I should still admit I was the driver in my WS?

...and go on to say...

AdamBliss said:

Bear in mind In my Defence stage I admitted I was the keeper and driver... 

With an admitted driver, POFA has no relevance.

AdamBliss

Coupon-mad said:

AdamBliss said:

In paragraph 8 in the letter from the county court, it says: ''A judge made this order without a hearing. If either party wants to apply for this order to be cancelled, changed or put on hold, they must do so by 14 Dec 2023''...

Can someone clarify this? I am confused since the previous page says the hearing will take place on 22 Jan 2024... 

That just means the Order was made based on reading the papers thus far, and the Judge considered the case should go to a hearing.

And obviously you continue to defend as the driver!

Okay fair enough. 
I have been defending as the driver in my witness statement. Do you think I should use the schedule 4 PoFA 2012 in my WS?, since it took over 14 days for me to recieve the NTK proof of this in the NTK date of sending

AdamBliss

KeithP said:

With an admitted driver, POFA has no relevance.

I can't remember why I admitted I was the driver in my defence now, It was 7 months ago, I think I thought it would be better to defend as the driver since I'm a delivery driver. 

KeithP

AdamBliss said:

KeithP said:

With an admitted driver, POFA has no relevance.

I can't remember why I admitted I was the driver in my defence now, It was 7 months ago, I think I thought it would be better to defend as the driver since I'm a delivery driver. 

But the point is, having admitted being the driver earlier, you can't now say 'no, I wasn't the driver'.