Hi guys,

just a quick update, unfortunately lost the case. The Judge basically dismissed every point on my WS, and decided to sue me as driver!

The good thing is that I don't have to pay the full £250, and that Armtrac would have spent a lot more over the past 18 or so months than what they sued me for!

Thank you very much for all of the help  

Thanks lookingforinfo, I'll try to drop that in tomorrow. 

I have never been to a small claims court before, and so please could you guys tell me as to what I can expect?

For example, what I will be asked, what the format of the hearing will be like, etc.

Should I prepare anything in particular for tomorrow, and will I be asked why I am defending the case?

Only reason I ask is because it is all in the witness statement and I don't want to repeat myself, and so I will write up something today.

Thanks very much!

Thanks very much guys. I changed the statement of truth, but unfortunately didn't have time to include the extra charges part lookinforinfo.

If I am allowed to mention it in court then I will do so. Thank you for the information.

Thanks very much Brassnecked.

Please find attached a final copy of my WS. 

One more question - I have used a photo from the Claimant's WS as my own evidence (the picture of the punctured tyre). Am I allowed to do this?

Also, as I am emailing the WS to the court, is an electronic signature okay, or do I have to print the WS, sign it by hand, and then scan the WS?

Shall I send a copy of my WS to both BWL and Armtrac?

PCN Witness Statement Final Rev CAG.pdf

I won't be able to wait until late this evening unfortunately - I'm only going to have access to a printer for the next hour and a half, and so I'll have to print off my WS in that time as I won't have access to one again for a few days

That's brilliant, thanks very much once again Dave, I've just made the updates now  

Thanks very much Dave, all thanks to the tremendous help from you guys though!

Thanks you all so much once again, please find attached the revised WS. I am unsure as to whether to keep certain bits about the contract in, as they have provided a copy of the contract within their WS on P1 at the end of the WS.

I am also slightly unsure about point 11 of my WS.

Any advice would be much appreciated.

Many thanks.

PCN Witness Statement CAG REV 3.pdf

Wow, I am so grateful for all of the help guys, thank you so much. 

Lookinforinfo, sorry, at the end of the Beach Road it is a dead end, and so it is not possible to reach the layby from the opposite direction. I also agree with you that it is odd how some signs say you can park before 23.59 and others don't. Please find attached a PDF with pictures of signs. The first 2 signs are fixed to the Blue bar pub wall. The last sign is located at the start of the road. 

And yes, although they repeatedly say "no parking without permit", it is made impossible to buy a permit, and the pub does not sell them either.

FTM - thank you very much for the fantastic material, I have put it into the WS.

FruitSalad - Ah yes the PDF merge has missed out a page, I shall try and make a new merge. I had a look, and the missing page does not include anything about the contract, only as to why they think an immovable vehicle is irrelevant in the case.

20210425_165144-merged-compressed (2).pdf

Thanks brassnecked. Do you guys reckon I should explain why I offered the £100 to settle the fee, seeing as they included it within their WS?

Please find attached my most recent WS, not quite finished yet.

Thanks.

PCN Witness Statement Rev 2 CAG.pdf

Hi lookinforinfo, yes, the car was left there at around 8PM. And no, the road is not a one way street. The area where the car was, is not within the sketch drawn. It was left slightly further up, past the slipway in the small car park looking area.

I am unsure of if the signs on the Blue Bar wall were there at the time. When I returned after lockdown, there were signs on the Blue Bar wall however (I have attached a PDF of the signs on that wall).

I regrettably offered them £100, purely for the reason that I am a student and it is currently exam period, and I am very short on time and so I wanted the case out of the way so I could focus on my studies.

I did indeed hear back from the ICO, and they contacted Armtrac. Funnily enough, the SAR arrived in my inbox soon after.

Sure will do, Thaiba Munir is the paralegal 

My witness statement has not been sent off yet, no.

Sure, I'll try and get an updated WS up this evening. 

I thought the same, they don't seem to suggest whether they are suing the driver or the keeper! 

Lol the hand drawn maps did make me laugh!

Thanks guys.

Hi guys, I am appreciate the help, thanks very much. 

I have just received the witness statement from BW.

BW Witness Statement.pdf

Hi,

Wow, fantastic advice! Thank you very much, I shall make the adjustments to the witness statement today.

I  am yet to receive the witness statement from Armtrac/BW legal!

I have just sent BW an email now, stating what was recommend by dx. If I'm not mistaken, by doing so, I have to send my WS by post rather than email? If so, is the deadline to send it out today? 

Thanks very much for all of your help!

Hi guys, how is this sounding for the WS?

Thanks.

PCN Witness Statement pdf.pdf

Thanks, will do.

Thank you both for the help and useful information, I shall include these points on the WS. 

I'll being writing one up in the coming days.

Thanks again.

Thanks very much for the help looking for info. 

Within my witness statement, should I include the fact that PoFA does not apply? I thought that they were perusing me as keeper from the wording of their letters.

Thanks very much.

The court fee has been paid and the court date is the 14th of feb.

Hi,

here is the N157.

Thanks.

N157 1_merged.pdf

Thanks for the information dx.

Sorry for not updating on the status of the claim. 

I will have to upload the N157 next Monday as I am unfortunately away from home at the moment.

As far as I can recall however, the letter did not state when the witness statement had to be submitted by.

I can however remember the letter saying that the court fee had not yet been payed by the claimant.

The DQ was sent by both parties, and as far as I know the claim has not been stayed.

The reason that I assume the claim has not been stayed is because I actually received a court hearing date from the county court, and the mcol status does not state that it has been stayed.

Thanks dx, POFA conditions have not been met then.

Here is the SAR. Some of the photos are questionable!

SAR compressed 1.pdf

As the POFA conditions have not been met, and so they cannot persue me as keeper, is it recommended that I send Armtrac/Bw a letter stating so in hope that they'll drop the case?