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ParkingEye private parking claim (in court this week!)

Without going into the whole backstory...!

Court Hearing earlier in the year.
Judge adjourned(?) and issued the following order:

Page 1 = i.ibb.co/5nNv2WZ/co1-1.jpg
Page 2 = i.ibb.co/VBK63XD/co2-1.jpg

Defendant complied with the Court Order and sent Defendant's Witness Statement (as well as Defendant's original Defence) to the Claimant (just!) before the deadline.

Defendant received a Witness Statement from Claimant 5 days after the deadline on the Court Order.

Claimant's Witness Statement references exhibits contained in "original Witness Statement" (which Defendant didn't receive before first Hearing. Captured by Judge in Court Order above).

Due in court this week!

Is the failure of Claimant to send Defendant any documents before the deadline grounds to have Witness Statement sent after deadline thrown out due to Court Order breach?

Witness Statement received by Defendant referencing exhibits in "previous witness statement" (which wasn't received) is further grounds to have at least the "evidence" thrown out?

Could the whole claim be thrown out for the breach of Court Order/not providing all evidence etc.?

Comments

  • Half_way
    Half_way Posts: 7,544 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    might do, might not.
    odds on it won't get thrown out
    without knowing the backstory then it's hard to guess as to the outcome.
     Seeing as you appear to be hung up on one point, my guess is that you are not in a good position
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 155,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could win based on that, some Judges would be quite angry at PEye!    

    Most cases are determined on whether the signs were prominent & clear, though, so be prepared to have to go through the case in more detail.

    Let us know how it goes!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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