Incontro
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Everything posted by Incontro
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Thanks FTMDave. You're probably right. I've spoken to the gym manager who has agreed to contact them but the manager said it's very unlikely they will agree to overturn it. In any case it was worth a try. My other options are - and I will decide based on how things play out and depending on my mood at the time: 1) Fight it in court (I've since taken pictures of the signage, of which there are flaws, which can be illustrated at an eventual court hearing). Interestingly the NTK doesn't mention POFA, which makes me wonder if it applies on this particular plot of land, or what other reasons there could be for not mentioning this, and whether this has any legal consequences for CPM. 2) Assign liability to the 3rd party driver, and let CPM chase them, and wash my hands clean. 3) I am moving overseas, so may just completely ignore if they continue to hound me, even if they serve an LBA? It sucks because we were genuine users of the car park, and paying members of the gym, so using it for it's intended purpose, the overstay was an honest oversight due to a medical condition, 60 GBP is not a proportional fine (I'm sure many would disagree with the Beavis ruling) for these fleecers to take from us, I would rather donate it to charity (and have offered as such).
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Credit file looks fine, must have got lost in the court system. Let's leave it at that lol. Admins can lock this thread, thanks for all your help.
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Never heard back. I've since moved address as well, so there is a chance that any letters sent to my old address could get lost, although the current tenant has given me most of them and been good about it. So I just assume that it got lost in the system. Good riddance, even if I would have won (which I likely would have), it still would have been a waste of my time and unpaid time off work etc.
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Entry: 09/01 @ 15:05:57 Exit: 09/01 @ 18:21:12 Duration 195 Mins That's what the NTK doco says.
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Hiya, 1 Date of the infringement 09/01 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14/01 3 Date received 19/01 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO, interestingly not 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] No. (IAS is appeals body) 7 Who is the parking company? Countrywide Parking Management 8. Where exactly [carpark name and town] Shirley Retail Park (Southampton) Will post NTK shortly. ntk-redacted.pdf
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As per the title. Second time posting on this site, dx100uk and others were a great help for my previous PCN, which I won with their support, and ended up donating to the site. (OK, I didn't technically 'win' by the case disappeared in the courts system due to covid in March 2020, after I prepared everything for the hearing). This new PCN relates to an overstay in a retail park car park (claimed total stay time > 180 mins), which has a few shops and a gym. I was attending the gym at the time, I am the RK of the vehicle. PCN was received within 14 days of alleged contravention. The gym is a large national chain, barely has anyone you can actually speak to via phone, their online CS said they don't own the car park at that site and told me to take up with car park operator directly and they can only provide proof of gym attendance. Options: 1) Appeal to CPM using their process, stating I was a legitimate user of the gym, try to obtain evidence of my visit as such, plus provide medical proof that shows I have a condition that results in excessive fatigue (as such my gym workouts are usually long) 2) Write back to CPM, stating someone else (person B) was driving vehicle on date, and pass on blame/civil liability to person B. Person B is happy to take the blame, but has insisted they won't pay either. They don't even mind a potential CCJ. Will this result in keeper liability and it returning to me if person B won't settle the claim? 3) Appeal to CPM that I was using the gym (plus provide medical proof), but stating I am not prepared to reveal identity of driver, and this may be revealed at a later date? Basically to exhaust the option of appeals on the grounds of being a legitimate user of the gym first, then if that doesn't work, use the option of deferring blame to 3rd party driver. I'd really rather not pursue this all the way to court this time, not worth my time, and don't have the time anyway between work and other responsibilities. But neither do I want to pay these bunch of cowboys. Hence why I came up with these options above. I am leaning towards option 3, I just want the view from some experts on here before I go ahead with it. Cheers and & happy driving/parking.
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Case has been adjourned because of the covid situation
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does that ruling also apply to normal county courts though? it's says business and property court, i believe they are a special branch? i guess i must return home to check post then, just in case? currently not at home (registered address), as staying with a family member.
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is there any change in procedure in small claims hearings yet, due to the ongoing covid situation? im guessing not, currently. if not i hope it won't be too crowded in there? actually a bit worried. below some interesting reading: https://www.google.co.uk/amp/s/www.nytimes.com/2020/03/20/nyregion/coronavirus-new-york-courts.amp.html when/how will i find out when my hearing is 100% confirmed on the planned time & date?
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Already sent after a proof-read and some minor changes. I don't have a printer at home, and was out and about today, so today was ideal for me to send. Thanks to all that helped. I spent a lot of time and effort preparing for this, and also did a lot of research. Lost countless evenings and multiple weekends. However at least I'm now confident I have a reasonable chance at winning. If I have any questions about the day, I'll post up here. In the meantime, any pointers/tips on what to mention on the day (in terms of talking points) can be useful.
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No, because instructions are for recipients to receive copies fourteen days in advance of hearing date. Latest I can leave it to is tomorrow before Royal Mail last collection time, but I’m not risking and sending it today.
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27th
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All the signage is included in the pdf i (wrongly) labelled 'claimants WS' on page 5 of the thread. This same extract of the signage was presented in the WS. The claimant also provided photos of some of the signage in their actual WS, obviously not in this thread yet, will post this up asap. As you can see from my WS I'm intending to dispute one of the signs. Also, any guidance in relation to changes you'd recommend I make in point 8 in my WS will be appreciated. Sorry for the bad quality in some of the images, tried to adjust the lighting in the room but wasn't hugely successful. If you want me to retake any of them let me know, ta. new_doc_2020-03-10_19_54.04_20200310195702.pdf Just a heads up - I’ll be posting my WS by COB today in order to meet the deadline, so even if you could review parts of it, that would be useful, ta.
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Would rather you mention a specific exhibit that you're after (aside from maybe the landowner contract which I'm hesitant on disclosing due to confidentiality reasons), since there's pages and pages of the stuff. Let me know which ones you want, and I'll post up. Obviously there's NTKs you've already seen, LBA letters you've already seen and pages and pages of Beavis arguments, which are irrelevant, since I'm not even going to bother disputing that angle (genuine pre-estimate of loss etc.)
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Posting. redacted_version_-_c.pdf
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Ok, will post up asap
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Attached is updated WS, if you could please review, and provide some feedback, I'd be really grateful! I'm going to post this tomorrow. actual-draft - public - v2.pdf
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Thanks EB. Just a question - can I quote civil cases in my WS where there's no publicly available transcript? I'm guessing the answer is no?
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attached actual-draft - public - v1.pdf
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Hi, hope everyone's doing fine. Court date is getting nearer and nearer, the date for submitting my witness statement even more so (I am going to submit by mid-week this coming week). Here is an initial yet substantial draft - it's still a work in progress - I am going to add more one or two more points/arguments to it, do some tidying up, and of course proofread it all Any tips/suggestions, additions/fixes are greatly welcome. Claimant's WS has just arrived too, I've had a quick gander through it, nothing sticks out to be honest, apart from the fact that the Claimant is going to try to argue that the land is not 'relevant land', which I found quite amusing as it's a weak argument. Hoping the judge sees through it. As usual PE will be sending an LPC legal perp to represent them and state the facts in the case - so the person who prepared the WS won't be present/attending the hearing.
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Thanks, will do. By the way when you say "the claimant has done just that in their WS", what do you mean exactly? The claimant hasn't served their WS on me yet.
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Certainly have. It's a mixed bag to be honest, hence why I asked. Sure most of them do state some amount of facts, but I'm not sure whether it's appropriate to do what I mentioned above ("quote legislation, or provide excerpts of it, OR go into case law, and explain how that applies in this case"), or generally speaking to provide my interpretation of the law.
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Been sick for around two weeks, but been putting pen to paper, making good progress on it lately, and starting to form some substantial arguments. That said - my understanding is I have to file a numbered witness statement, and not a full defence or skeleton argument. Therefore I assume it cannot be too lengthy or argumentative - i.e. I cannot quote legislation, or provide excerpts of it, OR go into case law, and explain how that applies in this case? I don't know where to draw the line. Even if I do summarize/trim the witness statement far more than what I currently have scribbled down, a m I allowed to bring in supporting material/legal arguments/evidence etc. into court on the day, to read from? This would greatly help. The allocation notice reads: "each party must deliver to the other party and to the court office copies of ALL documents on which that party intends to rely on at the hearing no later..."
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Ok will post up when done, thanks.
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Sorry?
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