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Im going to court!

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  • AnotherVoice
    AnotherVoice Posts: 75 Forumite
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    edited 7 March 2019 at 3:40PM
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    Poking my nose in possibly, but on your dropbox attachment 3, point 5 re NTK, my understanding of a NTK is that it also should offer the chance for the keeper to appeal and include any discounted rate offered to the driver, if that is not on there (they dont mention it) that makes the NTK invalid (POFA), is that correct?
    If the NTK is invalid they cannot hold keeper liable, so they have to prove who was driving?

    Which is why they go on to invite the court to assume you were the driver?
  • Azrael125
    Azrael125 Posts: 71 Forumite
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    Off topic apologies,anyone help on this matter,its not concerning me,. A friend got a PPC for being 5 minutes at Greggs car park,due to emails (not sure why email)went to his head office he didnt see it in time. I vaguely recall PPC Companies cant take a business to court(it is a company car) but Im not sure.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Azrael125 wrote: »
    Off topic apologies,anyone help on this matter,its not concerning me,. A friend got a PPC for being 5 minutes at Greggs car park,due to emails (not sure why email)went to his head office he didnt see it in time. I vaguely recall PPC Companies cant take a business to court(it is a company car) but Im not sure.

    He needs to come here and open up a thread of his own. There is no way we can easily help resolve a separate case on a unrelated thread via a third party. A company vehicle particularly makes it different to most cases and needs different attention.

    And, yes, a PPC can pursue a business to court, and worse, unlike a private individual who can select his/her local court, the business will be required to appear at the court local to the PPC.

    You see - this is getting more complicated as I type.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Azrael125
    Azrael125 Posts: 71 Forumite
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    Umkomaas wrote: »
    He needs to come here and open up a thread of his own. There is no way we can easily help resolve a separate case on a unrelated thread via a third party. A company vehicle particularly makes it different to most cases and needs different attention.

    And, yes, a PPC can pursue a business to court, and worse, unlike a private individual who can select his/her local court, the business will be required to appear at the court local to the PPC.

    You see - this is getting more complicated as I type.

    Appreciate the reply,I understand ,It was hoped there was a striaghtforward answer. I gave him some advice from what |Ive learned,hopefully he will take it.
  • Azrael125
    Azrael125 Posts: 71 Forumite
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    QUck update ,court hearing is on Monday and yesterday I received a further (supplemental) witness satement from Claimant solictiors (Gladstone) .Pointing out id been to court for same car park via them before soem years aback,which is true,although I didnt reacall the company."Therefore I was aware of terms and conditions" But again this insinuates I was the driver at that time,of which no admission was made.
    Dint know they good mention old claims and b) add to their statement after the time limit. Shall I submit extra defence now?Advice?
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    edited 8 May 2019 at 11:16AM
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    When you go to the hearing, state UP FRONT as a first step, in front of the Judge, that you object to the very late service of an extra WS, that arrived just a couple of working days before the hearing and as such, you ask that it should be disregarded. Also, it adds nothing by way of facts to the case in hand.

    Have you searched & read all the recent wins and court reports to know how to prepare and what to expect to have to say on Monday and how it plays out? Might be different than your last experience years ago.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Azrael125
    Azrael125 Posts: 71 Forumite
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    Thanks Coupn mad will search.
  • Azrael125
    Azrael125 Posts: 71 Forumite
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    Update from Court:it's been Adjourned due to citation of Horizon vs Guilford>Judge wasnt familair with it and it did seem as if he was taking that seriously. ANyone got a link to full hearing?
    But aside that it wasa waste of time,I dont know how peopel win these ases,I mentioend signs ,differnt wordings ,had photos video etc,nothing seem to make adiffernce,maybe i wasnt direct enough?Also judge wouldnt strike out the late supplemntary witness statement!

    So next month soemtime we go back and I hope that the Horizon case is enoguh to either deter gladstones or strike whole case out.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Never heard of Horizon v Guilford, and it sounds like the Claimant was trying to make out that another random county court decision is something special...if so, you should have asked, why didn't they file a transcript then?

    What a waste of your time.

    You DO Need to be VERY robust and direct. Practise in front of the mirror! You had a decent video and you could have said:
    If they say the signs near your car said X but you can prove it was a completely different sign, saying Y, then the entire case can collapse.

    They can't say 'the contract terms looked like this' if they didn't.

    And you could have objected to the citation of a random county court case they failed to file, which sets no precedent and no cases are the same on facts, so was wholly irrelevant.

    People win these all the time on here, week in week out.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Coupon-mad wrote: »
    Never heard of Horizon v Guilford, and it sounds like the Claimant was trying to make out that another random county court decision is something special...if so, you should have asked, why didn't they file a transcript then?

    Here it is:

    http://parking-prankster.blogspot.com/2016/11/horizon-parking-youve-been-gladstoned.html
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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