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Everything posted by Kikic

  1. I am so relieved that the case has dismissed!! I was only in the court room for approx. 1-2 mins, DJ only asked me weather the statement are true to my best knowledge and I confirm yes it is. And focused on the claimant party. As my WS was set out clearly and claimant rep don't have any other prove so the keeper liability was not valid, so case is dismissed. The claimant rep wanted to chat with me before we go in the court room and I said to him we can chat in the court room! Inside the court room, first thing judge told the Rep. straight away the defendant WS state clearly
  2. That means I should print out their WS so I can see what they are saying compare to the WS they sent to me through email? To make it clear, I need to find out the person who will be there needs to be a qualified solicitor or barrister or a rep with claimant in person otherwise no one else are allowed to be the rep for claimant so they can’t say or argue anything I say and I would say this at the start before my WS?
  3. Soon will be my trial day!! Anything else I should prepare? I will bring my WS package including evidence and relevant Clause that I intend to rely on, a copy of lay representative order 1999, legal services act 2007, copy or case Ellis v Larson, copies of parking CoP bill. I searched online am I suppose to write some kind of opening speech/ speaking’ speech? Or I can just read out what I wrote in my WS? And what kind of questions do I need to ask?
  4. I have PM my WS, please check. also another question, if I print out the IPC CoP/ POFA 2012 do I need to attach it with the WS bundle and give it to all parties or I can just take the copy with me in case the judge want to see it?
  5. But actually I just read para 15.3 'The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid or permitted parking does not exceed 1 hour providing that the signage on the site makes it clear to the motorist, in prominent font, that no grace period applies on that land.' Does that mean only if PPM has state on their the signage 'that no grace period applies on that land' otherwise the 10 mins grace period will still need apply to them because the parking condition is 1 hour max? And no such say about grace period on their signage.
  6. Thanks a lot! You have put a strong point in for me as I was struggling to find a strong point for my statement... and my head was about to explode! I'm just finalising the last bit of the statement, if you or other site team member can help to correct my wording, it will be greatly appreciated!!! Thanks!
  7. To be exact is 12mins, they issued the PCN at 22:11pm which is 9 mins overstay but evidence images show the car still there at 22:14pm but the vehicle is running. I thought this act only apply to public road with certain conditions?
  8. Hi, I’m just working on my witness statement, I wanted some help with how to word: that the driver has only overstay by 9mins as there are no parking machine at the area, I think it is a reasonable time to have gone over. Or I shouldn’t put anything like that on my statement? Thank you!
  9. May I ask when is the latest I can send my witness statement? My trial date is on Monday 09/04. The direction given for the claim is to deliver the documents no later than 14 days before the hearing. if I send it on Saturday 24th March with next day delivery postage, they properly receive it on Monday 26th (which is the exact 14 days before hearing) because they don’t work on Sunday?! or to be safe I should send it on Thursday 22nd March so they can recieve it on Friday 23rd ‘working day’? I wanted to wait for Gladstone’s statement first but didn’t want to miss m
  10. I haven’t seen the NTD prove and on the NTK letter there was only two images showing my vehicle with date and time.
  11. Yeah I try to view it before but it says something along the line of the case been passed to debt collector So I can’t view it online anymore or should I call them and ask? Thanks
  12. Yes I understand but I’m just worry if they can prove there was a NTD on windscreen then I will be in the loss because the driver was not 100% sure if they got one or not. And another point is that I already claimed in the strike out letter to court stating the driver had witnessed the claimant operation actions as no NTD has been issued but now it is not 100% sure if there was a NTD or no. One more thing are they allow to make me say who the driver was? Because it is already a fact I know who the driver as mentioned in the strike out court letter...
  13. Thank you for your reply. So I assume they need to prove they have given a ticket on windscreen for the 28-56days rule to be valid otherwise both way of notice to keeper will be invalid. So this seems to not be the strongest point I would concentrate :/ If I point out the claimant must have met the driver during the ticket issue and when they photographer the car can I use POFA 2012 para 5.1.b against them because they can’t prove they don’t know the driver name or address?
  14. Hi, I was just reading some post about keeper liability and POFA 2012. It say an notice to keeper must be served not earlier than 28 days after, and not more than 56 days after, the service of that notice to driver. I am confuse whether this is relevant to my case as the PCN was issued on 03/05/17, 28 days after would be on 30/05/17 and I received notice to keeper letter dated on 07/06/17 (36 days after) I was hoping to rely on this point to make the keeper liablity invalid so they can’t claim against me.
  15. Ok I will do. Just a question the letter back on June 2017 from PPM LTD with photographs ‘evidence’ of the vehicle and the time they issue the parking charge: ticket issued at 22:11pm and the photograph of overstayed vehicle at 22:14 ( the vehicle was photographed with light on/ engine on, obvs someone is inside the vehicle), unless they issued the ticket when the driver was inside the vehicle in the first place but not quite possible as the driver would have drive off. So between when they issued the ticket and when they took the pictures, (3 mins in between) the PPM people m
  16. Hi, sorry for the late update as I been on holiday and personal health issues. So my new hearing date is on Monday 9th April 18, so I assume I need to send my documents by next day delivery on 22/03 so other parties can receive my documents on 23/03. My witness statement to be followed as I'm still preparing it at the moment. Any tips on it? Thanks
  17. So I just rang the court and they told me the claimant has paid the trail fee and I asked for a new hearing date, which will be send to me soon.
  18. *mistake* The trail fee is £25 not £255!** I will wait till 1st Jan to call court, if they didn’t pay do I tell the court to struck out the claim or this is automatically done and how about the expenses I spent already for this case (postage etc) would I be able to claim back or rather no because the case will be closed? Many thanks
  19. HI all, just another update. I received a allocation letter to the small Claims track from court, giving me the time and date (which is on 29th jan 18) of the hearing and instructions of Witness statement and other procedures (sending copies of document to other parties 14 days before the hearing date etc). As one of the paragraph stated: Unless claimant does by 4pm on the 1st Jan 18 pay to the court the trial fee of £255 or file a properly completed application (I.e one which provides all the required information in the manner requested) for help with fees, then the claim will
  20. Just a quick update on the progress, I sent my n180 form back to court and copy to Gladstone on Wednesday. I was just wondering how long normally the court will come back to me with a court date? Or there’s still other producedures in between? Thanks
  21. Hi DX, You mean The copy to Gladstone I should cross out my email and phone so they have no access to it? Thanks
  22. I was too overly excited that I didn’t receive letter unfortunately today I recieved through the post a letter of notice of proposed allocation to the small track and a form N180 small claim directions questionnaire, which has to be send back to court by 9th Nov. :s
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