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ES Enforcement County Court Claim
Comments
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yes sorry I do mean Spinningfields!0
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Yes, but you quote the specific passage you're relying on in your WS and refer to it as exhibit DT1, page 'xx' of this bundle. Highlight the passage within the transcript - you want the judge to be able flick straight to the relevant section.f i am referring to transcripts do i need to print the whole transcript?
You can still refer to other cases by quoting the case no. and as much detail as poss - location, date, judge, parties involved. It's not as good as having the transcript but can still be persuasive.does it matter that I don't have any in some cases, i have pointed 3 out in the roboclaim section but i can only find details about one of them.
No, just print the page you relying on (page 13, i think)do i need to print the full POPLA report, it is very long
Not sure what you mean here.and I am not entirely sure if this should remain as one of any arguments anymore??0 -
Coupon mad suggested to be honest... particularly as I have seen the images that they have of the vehicle and it is quite clear who the driver is...
Do you suggest that I defend this as I am unsure of who the driver is? in which case should i refer to this in my partners witness statement who admitts that she was on the site and entered the vehicle?
Sorry I am getting lost in this now as to which way is best to argue the case0 -
I mean that if I am admitting that I am the driver then is POPLA around not presuming I was the driver relevant anymore?and I am not entirely sure if this should remain as one of any arguments anymore??
” Not sure what you mean here.0 -
Coupon mad suggested to be honest... particularly as I have seen the images that they have of the vehicle and it is quite clear who the driver is...
Do you suggest that I defend this as I am unsure of who the driver is?
No, Lamilad was saying you choice of wording made little sense.
Because the photos show it was you and to make your hearing easier for you to argue with an honest account, be clear you were driving and drop: ''but as per the POPLA 2015 report this cannot be presumed by the Claimant''.I mean that if I am admitting that I am the driver then is [STRIKE]POPLA[/STRIKE] POFA around not presuming I was the driver relevant anymore?
That's right, POFA is not relevant to you. Nor is the POPLA Annual Report, nor anything about 'no keeper liability'.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 THREAD0 -
Sorry for my mistake around Lamilads wording, understand now.
Thank you for confirming of which bits I should scrap. To confirm my points about notice to keeper do not stand now?0 -
20. Lord Denning’s Red Hand Rule
When re-visiting the retail site I could not see of any signs by the double yellow lines to suggest that the lines should be followed in accordance to the Traffic Act. If the car park did not wish for any cars to stop for any time period then there should be clear signage to indicate this.
Under Lord Denning's Red Hand Rule, the charge (being 'out of all proportion' with expectations of drivers in this car park and which is the most onerous of terms) should have been effectively: 'in red letters with a red hand pointing to it' - i.e. VERY clear and prominent with the terms in large lettering, as was found to be the case in the car park in 'Beavis', exhibit xxx.
Speaking of transcripts, I take it you will include Vine vs Waltham Forest to support this paragraph?
https://bmpa.zendesk.com/hc/en-us/articles/211744405-Vine-v-Waltham-Forest-London-Borough-Council-2000-0 -
Hi yes I will be doing, I had it listed as 2 paragraphs below this but I will bump it up to where you have suggested thank you0
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Hoping to get this polished off tonight so I will add in the final version to here. The deadline for submission of the statements is a week today the 28th march so I am aiming to post it 1st class recorded to court on Thursday and email gladstones their copy.
Do you do a contents page for the exhibits?
Lamilad touched on the wording to reference transcripts DT1 then the page number. Do I begin all exhibits with DT or is this just related to when referring to transcripts.
Thank you for all of your help wouldn't get this far without the help from this forum!0 -
Yes, I would do an Index.Do you do a contents page for the exhibits?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 THREAD0
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