ParkingEye ANPR PCN Claimform - Town Quay 2, Southampton

[shamrocker]

You can provide your interpretation of the law in support of your defence, but that's just your interpretation, unless you qualify it with pointing to the legislation that applies, or other suitable sources referring to it. Therefore,  quoting relevant legislation and case law is how you'll demonstrate that you have a winning argument. The claimant has done just that in their WS.

 

Say as much as you need to in order to make the best possible impact with your arguments.

[Incontro]

Thanks, will do.

 

By the way when you say "the claimant has done just that in their WS", what do you mean exactly? The claimant hasn't served their WS on me yet.

[shamrocker]

Ah, ok. The attachment you posted is called 'Claimants WS', so I thought you'd had theirs. I only glanced at it briefly.

 

Any detail that you feel is needed to support your defence and then the brief arguments presented at the hearing should be included within your WS. This is 'the' time for detail.

[Incontro]

Hi, hope everyone's doing fine.

 

Court date is getting nearer and nearer, the date for submitting my witness statement even more so (I am going to submit by mid-week this coming week).

 

Here is an initial yet substantial draft - it's still a work in progress - I am going to add more one or two more points/arguments to it, do some tidying up, and of course proofread it all 

 

Any tips/suggestions, additions/fixes are greatly welcome.

 

Claimant's WS has just arrived too, I've had a quick gander through it, nothing sticks out to be honest, apart from the fact that the Claimant is going to try to argue that the land is not 'relevant land', which I found quite amusing as it's a weak argument. Hoping the judge sees through it. As usual PE will be sending an LPC legal perp to represent them and state the facts in the case - so the person who prepared the WS won't be present/attending the hearing.

[dx100uk]

Please dont use hosting sites

Attach the pdf to a post.... click choose file in the base of the msg box

[Incontro]

attached

 

actual-draft - public - v1.pdf

[ericsbrother]

Because it isnt relevant land they cant create a keeper liability under any circumstance.

 

Now the LPC person HAS to be on the SRA roll of solicitors or they dont have a right of audience and wont be able to speak.

 

Now judges have a lot of powers so they may allow them to present their case but go armed with a copy of the civil courts rights of audience legislation and argue that as the rep isnt a lawyer and not employed by PE they arent in a position to state that what is presented is actually a statement of the truth and certainly cant be cross examined on its veracity so you ask that not only is the rep bisbarred from speaking but you want their WS treated as hearsay evidence or dismissed in its entirety

[Incontro]

Thanks EB.

 

Just a question - can I quote civil cases in my WS where there's no publicly available transcript?

I'm guessing the answer is no?

[lookinforinfo]

It might help your case if you post up their WS-there is usually something iffy in them.

[dx100uk]

scan it ALL up to ONE multipage PDF please read upload carefully.

 

dx

 

[Incontro]

Attached is updated WS, if you could please review, and provide some feedback, I'd be really grateful! I'm going to post this tomorrow.

 

 

actual-draft - public - v2.pdf

[dx100uk]

we need to see the claimant WS first please,

 

dx

 

 

[Incontro]

Ok, will post up asap

[Incontro]

Posting.

redacted_version_-_c.pdf

[dx100uk]

need the exhibits too but not each cover sheet.

 

dx

 

 

[Incontro]

Would rather you mention a specific exhibit that you're after (aside from maybe the landowner contract which I'm hesitant on disclosing due to confidentiality reasons), since there's pages and pages of the stuff.

 

Let me know which ones you want, and I'll post up. Obviously there's NTKs you've already seen, LBA letters you've already seen and pages and pages of Beavis arguments, which are irrelevant, since I'm not even going to bother disputing that angle (genuine pre-estimate of loss etc.)

[dx100uk]

ofcourse didn't mean the existing printed out cases they refer too.

what about photos or sign layouts and types?
 

anything that we've not already seen that they intend to rely upon.

 

dx

 

[Incontro]

All the signage is included in the pdf i (wrongly) labelled 'claimants WS' on page 5 of the thread. This same extract of the signage was presented in the WS.

 

The claimant also provided photos of some of the signage in their actual WS, obviously not in this thread yet, will post this up asap.

 

As you can see from my WS I'm intending to dispute one of the signs. 

 

Also, any guidance in relation to changes you'd recommend I make in point 8 in my WS will be appreciated.

 

Sorry for the bad quality in some of the images, tried to adjust the lighting in the room but wasn't hugely successful.

 

If you want me to retake any of them let me know, ta.

 

new_doc_2020-03-10_19_54.04_20200310195702.pdf

 

Just a heads up - I’ll be posting my WS by COB today in order to meet the deadline, so even if you could review parts of it, that would be useful, ta.

Edited March 10, 2020 by Incontro

[dx100uk]

what date is the hearing..

 

dx

[Incontro]

27th

[dx100uk]

ok so need posting by close of play Friday or sat am.

[Incontro]

No, because instructions are for recipients to receive copies fourteen days in advance of hearing date. Latest I can leave it to is tomorrow before Royal Mail last collection time, but I’m not risking and sending it today. 

[dx100uk]

as indicated earlier

you are a litigant in person and given certain leeway.

14 days is Friday sat am is quite acceptable as is Monday am.

you could even deliver it to the court by hand Monday that would br acceptable too.

 

as for posting PE copy, there is no rush on that at all can go by 2nd class with free proof of posting.

 

dx

 

 

 

 

[Incontro]

Already sent after a proof-read and some minor changes. I don't have a printer at home, and was out and about today, so today was ideal for me to send.

 

Thanks to all that helped. I spent a lot of time and effort preparing for this, and also did a lot of research. Lost countless evenings and multiple weekends. However at least I'm now confident I have a reasonable chance at winning. 

 

If I have any questions about the day, I'll post up here. In the meantime, any pointers/tips on what to mention on the day (in terms of talking points) can be useful.

 

[ericsbrother]

On 10/03/2020 at 16:21, Incontro said:

Thanks EB.

 

Just a question - can I quote civil cases in my WS where there's no publicly available transcript?

I'm guessing the answer is no?

It is always public just that the costs of getting a  transcript is crippling. The court report by another party witht eh claim number and court plus the date of the hearing is fine, you will see that elsewhere if you look