Slaughter64
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Ok, so the Hearing was today, via telephone conference call, and... CLAIM DISMISSED! Yay! It seemed in the balance at one point as the judge was summing up, but it came down to keeper liability in the end. The bad news was that he wouldn't accept any costs on my part because it was via phone so I 'didn't lose any earnings'. I tried to argue that nearly two hours on the phone is about the same as £95 loss of earnings on my hourly rate, but I can't prove that. He said all the other reasonable costs I put forward weren't admissible in small claims. At least they're well out of pocket as I'm pretty sure they sent an outside legal person - NB, NOT the person named on their witness statement - should that have been allowed? I'll post up the relevant details when I get the court judgement in a few days, I need to get some work done now!
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Ok, sorry, panicked a bit there. I'm guessing they can't say that's the NTK then. Thanks for the musings. More good news - I went on Google Maps and it clearly (almost) shows the two different signs with two different companies named. And - note the date the photos were taken - July 2018!! The close up of the red sign is from the previous year, but my close up from the screen shot just shows the VCS wording. Signs.pdf
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I forgot to attach this, I don't know if this is the Notice to Keeper that we're missing or not as it doesn't say it at the top. It's from their WS and was put next to the Letter before Claim so I thought it was from this year which is why I didn't take much notice of it, but it's actually dated a month after the Notice to Driver. Does an NTK have to say it at the top? Notice of Court proceedings.pdf
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Wow! Thanks for that Lookin, much appreciated. I think we have enough there don't we?! What I need to know now is how much of that I need to include in my key documents bundle for the hearing, according to the bit I highlighted in the court directions. I guess I can just list those sections you mentioned from their WS (+ my arguments against), and send it to the court as well as Excel. As well as my WS and exhibits again, of course. I also need to liaise with Excel somehow, to agree those documents. Do I just try and call them, or write? Btw, it was me that redacted the paralegal's name - I didn't want to be doing something out of order.
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Exactly! I just need to know if anyone has any pointers as to anything I should take from their WS to add to my final 'bundle', apart from my own WS and exhibits. The bundle needs to be sent this week. I've come this far, I don't want to slip up at the final hurdle. Maybe pm me if it's something they might have missed themselves?
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Sorry, I didn't know you'd done that with the pdf's, thanks for that. Other photos attached. There's just a couple of others showing different angles of the car which surely aren't relevant. I'm pretty sure that some lackey was to told to just copy everything pertaining to my case and that car park and to get it in the post before the due date, once they realised I wasn't going to pay up. Either that or they just wanted a weighty enough package dropping through my letterbox to scare me off once and for all. Btw, the last photo is one I sent them of the ticket still in my possession. Photos.pdf
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Here you go folks. I've not included the photos showing where the car was in the car park etc, they're just not relevant. Some of these exhibits I didn't include in my own WS so I need someone to tell me which ones I need to include in my own bundle if I might need to refer to them. Also attached is one of my exhibits from my WS showing a much clearer photo of the ticket on the dash, clearly showing the ticket ref number on the reverse of the ticket, same as the one that appears on the front. Ticket on dash.pdf I've not included a hand-written letter I sent to them in Sept 18 when I realised I had missed the deadline to appeal to the IAS, which they've included. It was an appeal to their letter saying my appeal was rejected, and an explanation of what (presumably) happened on the day. It was then that I mentioned that my wife was driving (I know), so they could have asked me for her details then, but they still continued to address everything to me. I even offered to pay a reduced charge of £30 to make it all go away. I also did this a few months ago in panic to save it going to court, I included the letter in my WS. Not sure if this is any use or not, to show willing on my part? I just hope the judge won't just say to me 'will you accept paying a reduced charge now?' as I want my pound of flesh after all this hassle! Claimant WS.pdf
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Most of the letter is about the telephone/video details which haven't been confirmed yet. The claimant's WS is about 15 pages long without all the documents and photos etc, that's going to take ages to scan and is anyone prepared to read through it all? It will also probably change from what they finally send anyway? Court Directions.pdf
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Ok, back again. WS's sent and also received from Excel. I think they crossed in the post, their's just seems to be the usual bumph about the signage and contracts etc. One thing they may push is the fact I 'should have' followed procedure and gone to IAS once the original appeal was not accepted. Would this help them? They also say the onus was on me to supply them with driver details, but they've never explicitly asked me for them. 'By failing to take appropriate action', they're saying I've failed to discharge myself from liability. The hearing is in early Jan, via phone/video. In the Court directions, they mention 'Hearing Bundles' which have to be sent via email - it's not clear what form these bundles/key documents need to be in. Do I just send my WS and evidence etc again, or will they expect to see something else? I'm also supposed to liaise with Excel to decide what these bundles are, how easy is that going to be?
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