Bristol Airport NTK - 104) Stopping to Pick-Up/Drop Off In a Restricted Zone

Fruitcake

@Bazarius RTE? Road Traffic ... something?

Bazarius

Fruitcake said:

@Bazarius RTE? Road Traffic ... something?

Road traffic enactment 

RRTechie

Update:

Witness Statement finalised and emailed this evening.

Many thanks to @Fruitcake for all his continued support.

RRTechie

FYI:

For those sending a WS to the courts...Today I called to check if they had received my email...after waiting 1hr 20mins in a queue I finally got through and was told the following:

- Courts rammed at the moment

- My court (Swindon) has switched Off Email Auto-Responses due to being so busy and most other courts will have done the same!

- Case was checked and though my WS being sent was not documented I was told this was because of the backlog.

- My sending email address was confirmed as correct and was told that as long as email address was correct and I never received an email send error (which I didn't) then court will respond at some point.

So in summary, people sending to courts by email may be in no-man's land regarding absolute confirmation they have hit the deadline due to courts being rammed busy!

RRTechie

Hi...Looking to send a Costs Assessment today before the hearing tomorrow...does anyone have a link to a template on MSE please?

Also, where do I send this to...I assume same courts address I used for the Witness Statement?

Fruitcake

You could use this, but you need to state that you are making a draft order. I believe it should look as though the order has been made by a judge yet also clearly show it is a request from you for the judge to issue the order. 

N24 - General From of Judgement or Order

You can claim ordinary costs (loss of earnings or holiday pay, travel, parking, lunch etcetera) for attending the hearing. This is capped at around £95, but it won't hurt if it is over that.
Costs unfortunately can't normally be claimed for printing and time taken to prepare, unless you can prove the other party acted unreasonably. It's a high bar to achieve, and there aren't many precedents as to what constitutes unreasonable behaviour.

Whether the judge considers VCS trying to deceive you by accident *cough* or design regarding the untrue statements about bylaws as unreasonable, nobody can say.

If relevant, you could also state that the claimant failed to provide all the documents to support their case and/or failed to narrow the issues, which I believe has been successfully used in other cases.
This might include them having omitted or redacted parts of the contract with BA Ltd, (the reasonable implication being that the missing parts of the contract supports your case), or not proving the alleged event occurred where they are contracted to operate, or not providing evidence of the vehicle approaching the crossing that would prove the lights were red, or not providing images that show pick up/drop off signs at the material location (although you only need to very briefly state the above).

RRTechie

Thanks @Fruitcake...I have not had time to sort this (due to work)...does this need to be sent in today or brought with me tomorrow pls?

Fruitcake

Ideally today, but take a copy tomorrow anyway.

Le_Kirk

Fruitcake said:

Ideally today, but take a copy tomorrow anyway.

Because you should also send a copy to the claimant or their sols if they are using one.

RRTechie

Hearing Update:

Long story short...

- Won the first 'Drop-Off' CN based on me stopping at red traffic lights

- Lost the second 'Pick Up' CN where I'd stopped to collect at green lights - Lost due to judge was convinced I had pre-planned collection with my son. In effect Judge did not care about my defence regarding the poor signage, lack of sign illumination and contractual issues regarding Bylaws etc...he just focused on the getting out and getting in stages of the events.

I got hit with second CN charge + costs, though managed to mitigate Claimant's defence day rate though he tried hard!

Many, Many thanks to @Fruitcake for all his support and for Actually Attending Court as my Mckenzie Friend to whisper support and generally be a great help!

@Fruitcake took notes during the hearing and I believe will add these to this case which should close it out.

Onwards and upwards.