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your defence for the 23rd will only be 2 or 3 lines

everything else will be for your witness statement at the disclosures stage IF the claim runs that far.

 

look at other pcn claimform threads

find the one that encompasses the premise explained in EB last sentence of post 48

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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dx100uk, Thanks so much.

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Good morning,

 

ericsbrother, I am due to have my defence in by 23 July 2019, is this ok.

 

Cheers.

 

1. The claimant has no contract with the landowner and trespassed on the defendant's property as the legal occupier of the land at the time. 

 

2. The terms are forbidding.

 

3. In any case no contract was offered by the claimant to the defendant.

 

4. Further to this the defendant does not believe that the claimant has locus standi.

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I would change the order so they flow better. so

1, 4, 3, 2 and expand on 2 to say that "in any case the signage elsewhere is forbidding so not a genuine offer of terms to park"

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Hi, thanks so much, will do it on MCO.

 

 

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good. VCS are likely to drop this at the last knockings but proceed as though they are going to go all the way

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We live in hope 😀.  When can I expect to received a response to my defence, if any from them ?

 

Thanks.

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the court wil then send you an allocation questionnaire that just asks you for dates you arent available and whether you want to settle by mediation. VCS may try and harass you with theor own letter writing but ignore them and do waht the court says.

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Thank you so much for heads up.

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Good morning,  I have done all the paperwork now, I now want to start concentrating on my witness statement.  I know that the Court day (if it transpires) is a bit down the line.

 

what do I need to do to prepare for this, documentation etc?

 

Thanks 

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tell us what you think you should say.

 

Star by telling  your story but do so in the third person so you dotn confuse the I with any particular person who may have a liability when you as the keeper dont.

 

So "the  vehicle owned by the defendant ( car, reg) was photographed entering and exiting the land at ......... on the xxth of xxx 2018,  the defendant was not the driver at the time

rather than my car was photographed but I wasnt driving.

 

By being dispassionate you make it easier to follow who the players are without naming them and it doesnt look like a personal thing.

 

so yu tell what happened as a timeline, what you got in the post and thenh you say why you dont owe them any money so no keeper liability if applicable, lack of contract and so forth.

 

You also prepare a bundle of evidence to support your side of the story so pictures of signs, planning law extracts, other persuasive cases, and so forth. You will need to mention them in your statement as appropriate but by keeping all of the reference stuff separate fro the story you ake it easier to refer to without losing the thread.

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Thanks ericsbrother will do as you advised.

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Posted (edited)

Hi all,

 

Persuasive Cases.

I am looking for case to help me in my defence, witness statement for Persuasive Cases.

 

Are these cases that have gone to a higher court, or cases that the parking companies have lost at District Judge level?

 

Thanks.

Edited by Geocyper
wrong spelling

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Persuasive cases are ones that other equal status courts have dealt with, and may be used as an indication of what should be resolved. An individual judge does not have to, but usually will follow as it reduces the chance of being challenged in a higher court. If a higher court, i.e. Crown Court or Courts of Appeal have determined , these are known as having set a precedent or may be Stated Cases and MUST be followed.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

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EB gave you the Parking-pranksters' blogspot as a reference in an earlier post which gives a whole list of cases that you can quote. In addition the PP has another site that gives a list of cases though it appears to be playing up on my computer at the moment.

Try

http://www.parking-prankster.com/more-case-law.html

http://www.parking-prankster.com/case-law.html

http://www.parking-prankster.com/court-cases.html

 

Reading the actual cases will also give you an idea of how the Court itaself works and helps to show what you need to know.

Don't forget to add on all your costs and breach of GDPR and exemplary damages for wasting the Court's time as well as your own on a case that they had no hope of winning.

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HI Gick and lookingforinfo,

Thanks so much for your replies will have good look.

 

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Another question,

 

I have been srudying the links provided to me.  Do I have to print out the whole persuasive cases I think are relevant to my defence, or do I just site them in my witness statement.

 

Thanks is anticipation. 

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You cite them in your WS but you will need to add the whole of the case as far as any report you can find goes and that becomes part of your evidnce bundle. Likewise you will need a copy of the POFA, any planning law you have mentioned and so forth.

No judge is going to hold up the hearing whilst they go and look up some obscure refernce in their chambers.

 

Now the opposition will have to do the same so if they go on about Elliot v Loake then they should supply the whole bit of case law, not just their shortened version that only shows what they want it to show.

 

If the mention that or any other case you get the whole transcript and take it and add it tou your bundle as well so they cant pull a fast one.

 

3 copies, 1 for court(posted in time) one for them ( posted just in time) and one for yourself

 

dont forget to work out copying costs as you will bill them for this as part of your costs.

 

Look up CPR27.14.2(g) for unreasonable behaviour costs orders and have a document will all of your costs already laid out including 5 hours LiP research @£19.50/hr

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Hi ericsbrother, thanks again you are concise and to the point.

 

👍 

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Iv got 99% of the documentation, I will prints out three piles as you have advised.

 

i would like to ask a question,  I think they, (no evidence as of yet) are getting people on the complex to put cards on cars.  I am thinking of issuing a summons for the person whom ticked the car (attendant) something smells,

all advice apprieciated.

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You will be hard pushed to force them to attend as a witness especially of you dont know who it is.

There is a procedure for requesting the court to get them to attend but if you read up on council parking matters you will see it is frowned upon as the person isnt going to say anything helpful.

 

You would be better off finding out who it is by other methods and seek remedy for breach of the GDPR instead as a separate matter

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Ok ericsbrother, thanks I will look into other ways off trying to find out if this is actally happening. Thanks for your advice.

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one way is to park up and wait in hiding with your camera and leap out when someone pitches up

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Hi, ericsbrother. My friend has put camera vid in window.🙂

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Good afternoon,

 

I have now completed 95% of my witness statement.  I am getting stuck as to how I arrange the points, evidence.

 

Are there examples how to present your bundle to the court, which I can look at online?

 

Thanks.

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