Locked in car park

[Patma]

Hi Martin, thanks again for your input. Yes it was a CAG template. Here is the letter which Fred sent. I wasn't sure whether it was ok to leave in Plymouth College of Art's details, but if it isn't I can doctor it further, I guess. I don't know whether he asked for too much, but he listed everything he could think of which he reckoned he might need in court.

 

 

Edited August 28, 2009 by Patma

[MARTIN3030]

Yes looks pretty exhaustive to me.

The request should have stated that in the event of non compliance you would be asking the court to strike out the case.

However one or two things on the list are subject to the data protection act and so they could argue on that.

[MARTIN3030]

Even so they should have replied with what they COULD supply,and give reasons as to whatever they could not,together with a date that you would expect them to have sight of them.

[Patma]

He can deliver his defence to the court personally btw.My problem, since the unhelpful response from the judge arrived has been restraing Fred from sending in some hastily cobbled together defence because he is feeling sooo frustrated with the way he never gets any proper response from the other side when he asks for concrete info.

You mention that he will need to provide evidence that the caution is being challenged. Would you say that copies of correspondence sent and any replies received in regard to this would be satisfactory?

 

Thankyou for taking the time to help out when you are so busy with your own stuff and good luck with your case. I'll be rooting for you.

 

We can work on getting something together and run it by the forum because there is a bit of time.

All the best, Patma

[Patma]

Thanks for that Martin. That's what we thought.

Don't you sleep btw? You posted here around 2 am and now you're back?

[WelshMam2009]

Just a quick thought...when the POC arrived...your friend did acknowledge and write back to the court stating that he was going to defend the claim?

[Patma]

I can post Lyons Davidson's full response to the Part 18 request if you think it might help btw.

Edited August 28, 2009 by Patma

[Patma]

Yes Welshmam he did that.

[WelshMam2009]

Yes Welshmam he did that.

 

The Judge was obviously having a bad day then!!

 

I think somewhere on your friends statement he needs to advise that he is still waiting on information in order to enable him to provide a full and detailed defence.

 

Also, since when is lifting a barrier without excess force an offence? Discussed earlier I know, but such a shame the caution was accepted.

 

The issue of betterment has also been raised so I think you're getting really good advice!!

 

Best of luck...

 

PS... Love the CPR 18 letter from your friend...that should keep them busy for a while!!

Edited April 4, 2009 by WelshMam2009
PS

[Patma]

Thanks for your support, Welshmam.

PS... Love the CPR 18 letter from your friend...that should keep them busy for a while!! :grin:

We hoped it would keep them busy, but they just marked most things as "irrelevant". I'll post their response up in a mo.

Edited April 4, 2009 by Patma
tried to make confused face come up

[WelshMam2009]

Thanks for your support, Welshmam.

 

We hoped it would keep them busy, but they just marked most things as "irrelevant". I'll post their response up in a mo.

 

Nothing is "irrelevant" if you need it to prepare your defence...be interesting to see if someone with any legal experience can comment on this...

[Patma]

Here is the response to our Part 18 request for what it's worth.

 

 

 

[Yorky2008]

Hi Patma,

 

Could you please post the pictures of the barrier they sent you that are referred to in the letter. If you have taken any yourself then those would be useful as well.

 

Yorky.

[Patma]

Hi Yorky,

I'll gladly post all the pictures. It won't be till later on tomorrow though, as they're down at Fred's place, but I'll get them and scan them in tomorrow.

[Patma]

Hi, Here are the pics.

 

We took these in 2006 shortly after the new barrier had been fitted.

 

The top pic shows the new replacement barrier at Plymouth Collegeof Art and the second one shows what the old barrier was like.

Plymouth College of Art has 2 car parks and the second pic is of the other car park, showing the old type of barrier, which Fred allegedly damaged.

 

Not sure how much detail you'll be able to see....to be continued.....

 

Edited August 28, 2009 by Patma

[Patma]

More we took....

Edited April 5, 2009 by Patma

[Patma]

Having trouble with photobucket now. It doesn't seem to want to let me upload the other image. I'll get it uploaded as soon as it lets me:confused:

[Patma]

Eureka. This is the pic the claimant' solicitors, Lyons Davidsons sent to show the barrier at the Plymouth College of Art car park.

 

Edited August 28, 2009 by Patma

[WelshMam2009]

In post 93, is that warning on the wall referring to the barrier Patma or something entirely unrelated?

[Patma]

Hi Welshmam, well spotted.

The sign you see there on the pic sent by the claimants, simply says "Warning these premises are protected by Universal Security". and gives their phone number.

 

Now I'll post the pic we took back in 2006 and notice the difference.

Their pic has therefore been taken after ours. Ours shows what was present back in 2006 and theirs is attempting to pass off a more recent pic as though it was existing like that at the time of the incident.

[Patma]

Look at the first pic and notice how they've replaced the original sign with a different one.

The original one is a sign to stop people parking in front of the garage doors.

 

[Yorky2008]

Hi Patma,

 

Unfortunately cant see any details of barrier machine, did you take any close up pics?

 

One thing is for sure though, they have not repaired the barrier - they have replaced it! That is betterment and will explain the huge bill you have been sent.

 

Yorky.

[Patma]

Hi Yorky, we're going back today to see if we can get some better ones.

Fred thinks there were no markings on the barrier to reveal it's make and model, but we'll check that out.

All the best, Patma

[WelshMam2009]

Look at the first pic and notice how they've replaced the original sign with a different one.

The original one is a sign to stop people parking in front of the garage doors.

 

 

Yep...they're trying to be crafty there me thinks as my first thought was 'oh no, there's a warning sign!!!'

 

Well done to Fred!!

[Patma]

In their POCs Plymouth College of Art claim the car park is for staff only, but they have failed (so far) to put up any signs stating that. We took pics back in 2006 of the whole car park to show there are no such signs, so if any miraculously appear, we have the evidence they weren't there originally.

Edited August 28, 2009 by Patma