IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Northampton Court Claim arrived (MCOL)

18911131426

Comments

  • JackBasta, I have a Millennium one, but it's Copper Quarter. Have a look at my thread. When you get your Millennium Witness Statement look carefully at the landowner contract which they will exhibit to it. Is it signed by the Claimant, or another Millennium entity? If you look at the last page or two of my thread you'll see my Skeleton Argument where I delve into this. Also useful lists of breaches of the BPA Code of Practice (they were a member of BPA back then). Some of it might be relevant to you.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
    Name Dropper Photogenic First Anniversary First Post
    JackBasta, I have a Millennium one, but it's Copper Quarter. Have a look at my thread. When you get your Millennium Witness Statement look carefully at the landowner contract which they will exhibit to it. Is it signed by the Claimant, or another Millennium entity? If you look at the last page or two of my thread you'll see my Skeleton Argument where I delve into this. Also useful lists of breaches of the BPA Code of Practice (they were a member of BPA back then). Some of it might be relevant to you.

    Remember to use the version that was in force at the time as they have changed for the worse over the years.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • JackBasta
    JackBasta Posts: 112 Forumite
    Will do - thanks both. As soon as I get the WS from them, I'll post it up on here.
  • Exactly Fruitcake.


    The different versions of the CoP are on the BPA website, if you click on "Knowledge" then "Code of Practice" the most recent (V6, Oct 2015) is at the top, then the other versions are listed underneath.
    Version 5 is interesting, I posted about that in my thread, it has some interesting obligations about landowner authority which were removed from V6.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • JackBasta
    JackBasta Posts: 112 Forumite
    I have a few questions regarding my Witness Statement. Im still a bit confused

    1. I submitted a pretty detailed defence, containing 18 points - I originally thought that my WS would just contain numbered references to evidence (photos, documents etc.) to support the 5 or 6 points in my defence that have evidence to display.

    Now, after reading up on other posts, I'm not so sure. Is that enough? Will the judge take note of the defence and the WS side by side, or does my WS replace the defence, and I should have all 18 points in my WS too?

    2. Regarding the numbered evidence I wish to send with my WS, I have things like pictures of the inadequate signage from Google Street view, A copy of the insurance certificate proving there were multiple people insured to drive the car, A copy of a document showing when POFA Schedule 4 came into force, a copy of the non-compliant LBC and a copy of of the text from "Understanding Keeper Liability" in the Popla 2015 report.

    Do I need to send full copies of those documents, or can I just send the pages that matter? Maybe with the front cover of the documents so the judge can see what is referenced?

    Thanks

    Jack
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Will the judge take note of the defence and the WS side by side,
    Yes he/she will read your defence to understand why you dispute the claim and what your legal arguments are... and your WS to understand the facts from your point of view.

    You WS will refer back to your defence e.g.
    "Re my defence point #? which states "the signage was inadequate" To support this point the defendant relies on the case of 'Dodgy PPC vs Innocent Motorist' Claim No. 123456, at ANY Court Court, 01/01/2017. Judge Bonkers made it clear that inadequate signage that is neither prominent nor easy to read is incapable or forming a contract when he said "blah blah blah....". The transcript from this case is appended to this bundle as exhibit JB1
    Do I need to send full copies of those documents, or can I just send the pages that matter?
    It depends, if enclosing transcripts of judgements include the full document as it will be relevant for context but highlight the specific passages you're referring to. Where referring to CoP's or the popla report just the relevant pages as the rest of the documents bear no relevance. The judge will not thank you for making him/her trawl through a lengthy document just to read one relevant paragraph

    Your bundle must be page numbered in sequence from 1 through to whatever the last page is. The numbers should continue from one doc to the next. You want your bundle to be neat and easy to navigate so you can say "I refer to exhibit JB2 on page 64 of this bundle........."- the Judge will appreciate this.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    One of the most important documents that will go in your bundle is the index page at the front. You can lay this out however you want but here's an example of the one I used:
    https://www.dropbox.com/s/34qrh62gz7jb277/Court%20Bundle%20Index%20%284%29.docx?dl=0
  • JackBasta
    JackBasta Posts: 112 Forumite
    Just wondering if there's a single resource anywhere for looking up transcripts of old cases that won. I can see people mention parking prankster but do I have to look through every blog post?

    So for example, my main defence point would be that my parking incident was pre pofa. How do I find out if anyone else has won a case on this defence point and get a transcript? Other example defence points would be where the judge deemed that the PPC has no standing, or the signage not forming a contract.

    If there isn't one of these then would it be of benefit to people getting to WS stage if there was one? I'm a Web developer and happy to knock one up for you guys as way of thanks for the help you've given me.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    ust wondering if there's a single resource anywhere for looking up transcripts of old cases that won. I can see people mention parking prankster but do I have to look through every blog post?
    Why don't you just email the Prankster and ask him if he's hosting any transcripts that would support the points you mention?
    prankster@parking-prankster.com,
  • JackBasta
    JackBasta Posts: 112 Forumite
    I honestly didnt realise that was an option. I'll do it now.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards