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Messages - Withmerci

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The judge asked for my side of things told me straight out he didn’t want to hear any legal jargon or stuff i had gotten from the internet. That took me a bit by surprise so I kept it simple made sure I said the facts as they were. Premier parking or the reps didn’t show not sure why however there is are 2  major events in Birmingham today cricket and the black sabbath thing at the villa so traffic is horrendous round the city, but I managed to get through it! The judge basically asked me for proof of what i was saying about the space being coned off next to me meaning no one was meant to park there anyway. I showed him using premiers own pictures tried to use mine but he said they were after the event so couldn’t be used. He then just said alright enough, I’m dismissing it as premier haven’t adequately proven their case! I asked for costs he told me not to push it. He told me to park carefully next time. It was over!

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Their claim was dismissed within 5 mins on my arrival 😊

Thanks for your help 😊

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I called the court today, as I sent my witness statement to the court and the claimant on Monday 30 June, I was told that it has been accepted and uploaded as part of the bundle for the judge.

I will follow your advise as above tomorrow and keep it simple and see what happens. Thank you again for your advise.

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Thank you again and I do appreciate that this is all a bit late. I am not usually this tardy! I cannot actually believe i missed the the WS! I have drafted the attached, please ignore the exhibit numbers I got a bit carried away numbering every document and I need to sort that out still. However, I do have 2 questions about areas of this I am not sure I have grasped an understanding of.

1. How does the Chan and Akande case apply when. I knew when I knew before I received the court papers that this was for not parking wholly within the bay? Is it because the court papers do not clearly state this and it could be that they are suing for something else entirely? I have included both in my WS on the basis of the latter.

2. Where can i find the transcript of the judgement for the Akande case? I have found and annotated and understand the Chan one but not the Akande.

Thank you again.

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I’m a registered nurse research runs through my veins! I will do it tonight.

The other side of that form is my name and address there was nothing else with it cause would have kept it even if it were a blank piece of paper. I have found another dated 28/4 following the failed mediation that makes mention of a witness statement but no time scale.
Thanks again and I will post it as soon as I’ve done it.

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Hi
Thank you again for your reply.
I panicked that missed something on the hearing letter. It’s says nothing about submitting a witness statement! What do I need to put in the witness statement cause I will try and send now this weekend or week if the judge is not looking at it till the morning and will read it out and the simple facts at the hearing. The hearing is 4/7. I have attached a copy of the hearing notification.

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Thanks for your reply.
I didn’t continue with MSE as I really struggled to get advise on there.
Could I not use the arguments you suggested? If you point me in the right direction I am sure I could coherently and clearly make my argument. What dates do I need to meet these arguments?
Thanks

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Hi

I only recently found this site and had used MSE for help in replying to claim received from  Premier Parking for not parking wholly within the bay in the centre of Birmingham.

I have now received a hearing date and time and I am after some advise as to how to ensure that my point gets across in the hearing as during the mediation the Claimant made the comment that I had used an online template that does not relate to the claim. I felt sure that I had accurately found a defence for not parking wholly within a bay but now doubt myself.

I have now received the claimants witness statement and evidence which I have attached and I have attached my defence submitted to the court. I have photos that I have taken when I went back to the carpark to look at the place myself which I can submit. I would like some advise on what else I can do to ensure a positive outcome.

1. My car is leased so it took a while for the ticket to be received by me,
2. I parked my car after 21:00 on a dark rainy night and paid the fee via the parking payment app,
3. The spaces were smaller than a usual parking space making parking difficult but not obstructive,
4. Signage was unclear as they are situated high above height level and not easily readable especially late at night and when raining which potentially breaches the consumers rights act regarding fairness of terms.
5. My car wheels are actually situated on the line of the space and only the front wheel is slightly turned out - not preventing anyone from parking next to me thus causing any financial loss to the claimant and should be considered as De minimis.
6. The charge is excessive considering they have suffered no financial loss

Thanks in advance

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