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jleviit

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  1. Sure, all in all it lasted for an hour and a half. First the claimant put their case across relying on the fact that the signs are big enough to read. I came back reading my WS (see above) but animating it I was not the driver - suing the wrong person I didn't enter into a contract Double recovery - not following due process The claimant tried to cite some other cases where the defendant lost but he didn't even have the right citation and was very disorganised. I don't think this went down well with the judge. The judge didn't accept that 'No Stopping' cannot form a contract. But she also wanted evidence that the sign stated that the fine would be £60. Which it doesn't. She asked if I or the driver didn't see the sign. I said the sign was perfectly visible and we did see it but that is not the point etc. As I said after an hour the claimant put in an appeal. The judge disappeared for 10 minutes and came back to reject the appeal.
  2. Hi all, after two cancellations I finally had my hearing by zoom yesterday and thanks to the advice and work put in by the volunteers here I completely wiped the floor with the VCS representative. The judge dismissed the claim and threw it out and also rejected their appeal. Based on not respecting due process. Have to say it felt pretty good! Thank you I will be making a donation
  3. I'm back again! Date of the infringement 16.10.2021 2 Date on the NTK [this must have been received within 14 days from the 'offence' date. ]21.10.2021 3 Date received 23.10.2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y 5 Is there any photographic evidence of the event? Y 6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPC 8. Where exactly [carpark name and town] Exebridges Retail Park, Exeter For either option, does it say which appeals body they operate under. No ukpc_1.pdf
  4. UPDATE! My hearing was cancelled until 10th December. In the meantime I have received another PCN this time from UKPC, I parked in a supermarket car park for 3 hours 15 minutes. !5 minutes over the allotted time limit. Any advice on whether I should just pay this or go through a similar process?
  5. Thank you! I am going to omit the part about the drivers father feeling unwell. I don't think the court needs to hear that.
  6. Alaska101's points 10 & 11 about bye-laws is it just simple replacing East Midlands with Bristol? Are the bye-laws the same?
  7. Thank you I am out all day so will check any tweaks tomorrow morning and then email it afterwards.
  8. Ok. Here is my 3rd draft and hopefully my final one. I really am beginning to understand my defence now. Thank you for your patience. WS 3 jleviit.pdf
  9. Ok. Thank you I will get on early it first thing. And yes I think the implication is further costs of £220. I have attached the letter. Final VCS 12.8_1.pdf
  10. No stopping signs and my initial PCN VCN service agreement with Bristol Airport Maps docs1 .pdf
  11. Thanks for all the help on this. I have been reading a variety of threads as you suggested. I see why people just give in and pay! I am attaching the VCS WS and my own first draft WS which I know needs extra work (the page no. / exhibit no. I will fill in at the end. I have until the 4th to submit it. CWS1 bw.pdf WS draft 1 .pdf
  12. Thank you. We have to submit by 4th September. I have looked at some examples defendant WSs and will refer back to them when writing my own. I will upload the claimants WS later on today. The claimant has till the 9th of September to pay.
  13. I have a small claims court date in October to be conducted online via Microsoft Teams. I have received a copy of the claimants witness statement. My defence that we didn’t enter into an agreement seems really weak as there are so many signs that state no stopping which is validated by the IPC. They have a whole page in their defence that seems pretty strong that the owner (ME) did enter into a contract. I also didn’t transfer liability to the actual driver. Does this matter? I have yet to say anything about the fact I was not the driver or the reason the driver had to stop to answer a phone call from her ailing father. Should I do all that in the hearing? The claimants defence is ca comprehensive 8 pages long!!
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