New Generation Parking Management Ltd v RandG

[RandG]

Well there's good news: case dismissed!

Notes:

• The solicitors agent did approach before entering the court. Explained the process to me (a bit patronising?) then asked if I was planning to raise all the technical points of the WS or just the issue of the NtK. He called our argument convoluted - I politely declined to discuss outside the hearing! 
  
• Our supplementary witness statement and skeleton argument were submitted late - the judge said everything needed to be in by 16th February. He did note that there was limited extra content in these however so I still used these in the hearing.
  
• The person there on behalf of the claimant was not from DCB Legal so I raised the issue of right of audience but the judge said that this is normal with this sort of case for an agent to be sent and allowed it. The solicitors agent later made a comment in their submission because I raised this - as if to imply it was audacious!
  
• Before the claimant gave their submission, I was asked by the judge directly if it was my vehicle, who was driving (I said it was "my husband") and if I knew what the yellow markings in the bay meant. 
  
• We established that although it was my vehicle it was not me who drove into the bay, I am pictured in the drivers seat later on but I explained that we pulled up in the space and then I got in the drivers seat to move the car out as an alternative space became available (I'm pictured leaving the space).
  
• I emphasised the lack of notice to keeper, address discrepancy, and the single timestamp on the ntk. 
  
• The judge ruled I did not drive into the bay and therefore could not be pursued as the driver, but noted that the claimant could go after my husband (but I didn't give them his name). 
  
• The judge accepted the evidence that our DVLA address was not updated til the 1st June and so the ntk exhibited could not possibly have been sent to that address. Therefore there was no evidence that a compliant ntk was sent. 
  

And that appears to be the end of that. 

What can I say b789 apart from thank you for all the support from day 1. What a hero you are. We will buy you an expensive coffee. Please let us know if there's anything else we can do to support your work here. Perhaps create a case study example or similar?

I didn't raise about pursuing for costs at the hearing. I suspect you recommend it (I have taken the day off)?

Cheers, RandG