Barno12
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Posts
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Everything has been filed now. Thanks for all your help B
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Apologies this is a cleaner more readable version. Could you please remove the previous attachment? Thanks B Defence Statement (1).pdf
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Hi Thanks for all the advice and comments it is really appreciated. I have been lackadaisical with this but have put together the attached defence statement . I know there was a lot more I could/should state. I will be submitting this in to the county court in person tomorrow. That will be two days late. How much will that go against me? Should I add a covering later highlighting and apologising for the late submission? I will also send to bwl by 2nd class too. Appreciate any feedback on the defence statement on anything I should omit and also the points I have disputed particularly under the PoFA. Would I also have to submit the PCN in my defence as it is referenced in the statement? Thanks B
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Great, thanks once again for the advice B
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Thanks dx
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thanks Ericsbrother I have gone back to BWL and said the documents are not legible something which I will be reporting to the court and requesting they send it in the post. I am just writing up the defence now
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Apologies about the file size. It was a scanned pdf that bwl sent which was 8 MB and poor quality Doing it at the highest compression was unreadable so I opted for the medium. Thanks B docs1.pdf
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Great thanks very much B
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It was due today I have messed up on the dates
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Update I have just picked up my emails and BW legal have at 16.59 emailed me a copy of their defence 21 pages in which they have attached copies of the original NTK, map of the area and marked where i was stopped in relation to this and the signage, plus photos of the signage. They state in their defence that they have been granted a non exclusive license by the landowner of the site to occupy the site and provide a parking control service to enforce the T&Cs of the site, they have provided a copy of the contract between the landowner and VCS. They state that the signage specifically detail the T&Cs and by stopping the vehicle i therefore accepted the T&Cs and that by seeing the signage i would have therefore known a contract was being formed. With regards to the signage not being clear they state that they are a member of an Accredited Trade Association and to access keeper details from the DVLA they must adhere to the schemes code of practice and that their signs fully comply with this. They state that the signs are clearly displayed and that i would have had the opportunity to read and understand them before i stationed the vehicle on the roadway. They have also stated in establishing that there has been offer and acceptance, the signage situated across the Car Park forms a unilateral offer to anyone wishing to park their vehicle at the site. Having considered the advice you have given and looking at parkingprankster blog i think the points they make in their defence all could be argued against but as i have missed the deadline on the submission of statements and further evidence am I now in a very weak position with my case in court? Thanks B
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Thank you very much ericsbrother I have dropped the bloody ball with this as submitted my defence and not my witness statement so won't be able to get it to the court or bwl within the 14 day limit. It is actually today. I found a couple of discontinuation of claim from bwl for the same site as me on that parking prankster blog and a real useful post on the signage of that site there too. Thanks for that. But I can't use them as evidence now can I? I also wonder how close to the court date it was when bwl decided to discontinue. I suspect that I would have heard something by now if they had decided to do that with my case. So not having issued my witness statement I assume I can only turn up to court with what I have already submitted in the defense? The original NTK was unfortunately misplaced around the time I first received it. Before bwl got involved etc Thanks B
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Thanks for the advice, the court letter said I had to submit any evidence which was going to be used to all parties 14 days prior to the court date, I'm at the 14 days tomorrow would this mean that I can't rely on anything other than what I submitted as the original defence at the court hearing?
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No WS(witness statement?) filed. BW legal have sent no docs other than a DQ saying witnesses TBC and they ticked for mediation which I didn't. DQ I put no to mediation Yes to agree to small claims track. Liverpool for preferred court No to expert evidence TBC to witnesses... I haven't submitted anything for this. Will this go against me? Yes to some days I could not attend No to not requiring an interpreter And that was it. Thanks B
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Hi, Just wanted to update to say I have a confirmation date for a small claims court hearing in Liverpool on March 15th. I said no to mediation and submitted the below defence. 1. It is admitted that the Defendant is the owner of vehicle *****. 2. It is denied that there is the ability to enter into a contract with the Claimant as the signs which are in place refer to no stopping which it is denied creates a contract for the Defendant to enter into and rather this is a prohibitive notice. 3. If there was a contract it is denied that the Claimant has the ability to enter into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the land is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. A CPR 31.14 request was made to the Claimant on the 24 September 2016 for the disclosure and the production of a verified and legible copy of proof of assignment from the landlord to create contracts and make claims in their own name and proof of planning permission granted for signage under the Town and Country Planning Act 2007 . A response to this request was received on 6 October 2016 from the Claimant denying the request. 4. Furthermore if there was a contract, it is denied that the penalty charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because the signage in which it states no stopping could only be read by stopping the vehicle. 5. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. I was meant to declare to all parties 15 days before the hearing any evidence and witnesses but have only provided the above defence. I am just wondering if anyone can provide any insight/experience of what to expect at the hearing. Thank you B
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Great, thank you.
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