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frankiesays

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About frankiesays

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  1. Gladstones paid the court fee with one day to spare, maybe because I'd not filed first they thought they might be in with a chance of me not showing. I now have to file my witness staement by 18th Jan.
  2. We've been ready to go since August and have until 18th Jan so yes it might be a good idea to leave this till the first week in Jan to see what transpires. I presume it is usually at this stage that the Claimant decides whether this claim is worth a bit of investment or not?
  3. Court date of Feb 1st 2019 now received. HX have until 4pm on 8th January to file their application and pay their court fee otherwise the claim is struck out and they will be liable for our expenses. This is pretty much 12 months since the "offence" took place.
  4. 21 days gone and nothing heard. What is the deadline for the parking co. to pay the court fee?
  5. Notice of Transfer of Proceedings to local court now received, just awaiting a date now.
  6. The DQ asks for the defendant to agree/disagree with the decision to have this case go through the small cllaims track - I have agreed.
  7. The latest on this is that we have received the notice of proposed allocation to the small claims track. have agreed to this. I have asked for the hearing to take place at our local county court. i have told them only 1 witness will be be giving evidence. this has to be sent back to the court by October 8th.
  8. I have to say I don't fully understand #23. e.g. does "shouldt" mean should or shouldn't? How would my defence for "no contract offered" work?
  9. I am about to put in my defence, yes I know time is getting on too. I have taken fresh pictures of the signage as the previous ones were poor. The lady who was picked up and dropped off in the double visit to the car park does now not wish to get involved in this which is a pity as her evidence would have been really helpful. Bookers cannot provide any CCTV footage (asked back in Feb.) because the sun is on the camera at that time of the year so footage is useless, the manager of the business for which the Booker visit was made (several other visits from same location too) cannot provide the invoice/receipt pertaining to that visit as he says the paperwork is at the accountants for his end of year, he probably just can't be bothered but the outcome is that same. all we have is our claim that two visits were made to the car park during the 79 minute period in question and the signage in the car park which says "Any vehicle/driver remaining in this car park 10 minutes after entry is subject to and agrees in full to the terms and conditions" This implies to me that the terms and conditions do not apply for the first 10 mins so should I assume that should be the basis of my defence? I have researched ANPR and providers of those systems state that for their systems to be able to spot a number plate (prior to reading it) the gap into/out of the car park should be no more than the width of a car and a half - the width of entry into thie car park concerned is actually 14 feet. They also state that cameras should ideally be placed at ground level to prevent number plates being obscured by a following car and should definitely be at no more than 30 degrees to the entry exit point. Th e cameras in question are mounted high up at the back of the car park and in my estimation greater than 30 degrees. Should I mention this at this stage? Should I provide pictures at the stage showing the "less than 10 mins" statment at this stage? Anything else. I have looked at lots of defences against parking tickets but have yet to find one for a double visit such as this.
  10. MCOL web site response completed last night and CPR 31:14 request running. I now need to put together a defence. Is this the only chance I get or do I just need to do the basics via the "Defence" form included with the claim form? Do I need to include witness statement and photos of signage at this stage or is that something for the court? I have plenty to send but read somewhere on line that it needs to be very basic and succinct otherwise it won't get read prior to the court appearance. What would you suggest? It has been pointed out that the signage is not correct, do I point that out at this stage?
  11. This was definitely a double visit - see my introductory post. Each visit was only a few minutes, the main sign by the entrance suggests that it is permitted to visit for 10 mins without obligation to pay? Just one question before I action #9. You suggest registering as an individual on MCOL site - I have been given a password with which to log in with on the Claim Form received. Should I avoid using that or should i use that password as it has been given to me by the County Court Business Centre?
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