UKPC - County Court Claim Defence and Process

IndigoMondayToyota

Coupon-mad wrote: »

Also, include Laura Jopson's appeal case (we do not have the case number so I think we only have the newspaper article but it was a persuasive appeal decision):

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

I had a read through that link and it seems to be appropriate in my case. However I'm not certain on which point to use it in. Perhaps point 15:

IndigoMondayToyota wrote: »

15. If the driver(s) on each occasion were considered to be trespassers if not allowed to park there, then only the landowner can pursue a case under the tort of trespass, not this Claimant, and as the Supreme Court in the Beavis case confirmed, such a matter would be limited to the landowner themselves claiming for a nominal sum.

I'm not sure I follow on what you mean by the below:

Coupon-mad wrote: »

Attach your evidence as appendices referred to in your witness statement. Shows that a flat's resident has rights and easements that supersede a third party's attempt to bolt on new contractual points to try to punish and bind people who live there and have rights of way.

Thanks in advance.

Coupon-mad

Attach your evidence (your case law, photos etc) as numbered 'exhibits' referred to in your witness statement you are drawing up now.

This bit is talking about the Laura Jopson case:

Shows that a flat's resident has rights and easements that supersede a third party's attempt to bolt on new contractual points to try to punish and bind people who live there and have rights of way.

IndigoMondayToyota

Thanks CM.

Really sorry, but i still dont follow.

I was due to do that any way on my Witness Statements by saying at the end of each point, "Please refer to Exhibit BX".

Have i got this completely wrong...?

Or do you mean adding something like the below to the end:
"Appendix:

Exhibit B1 - Title / Register Plan
Exhibit B2 - UKPC Sign 1
Exhibit B3 - UKPC Sign 2
etc."

Coupon-mad

You could do both - whatever looks the most easy to read. No hard & fast rules in small claims.

Try to make it easy for the Judge to follow and make your witness statement double-line spaced as well.

IndigoMondayToyota

OK, thank you.

I'll be bringing correspondents which I've had to/from SCS / UKPC that I haven't referred to in my Full Defence, or Witness Statement, for example the SAR Request for information from UKPC.

I take it these may not be accepted as they're not being filed prior to the trial taking place?

IndigoMondayToyota

OK...now I'm worried.

I've just re-read the Notice of Allocation for Small Claims Track.

It says that 'The defendant / all other parties must before 4pm on 22 September 2016 send to the court and the claimant a bundle which must contain all the documents you wish the court to consider at the hearing"

Coupon-mad

Send it anyway, tomorrow. Keep proof.

Have they sent theirs?

IndigoMondayToyota

nope, no sign of theirs. I was going to send it Tuesday for Next Day Delivery (so they get it either 12th, or 13th. Both still within 14 day limit.

Can you ocmment on my post #86?

Coupon-mad

IndigoMondayToyota wrote: »

OK, thank you.

I'll be bringing correspondents which I've had to/from SCS / UKPC that I haven't referred to in my Full Defence, or Witness Statement, for example the SAR Request for information from UKPC.

I take it these may not be accepted as they're not being filed prior to the trial taking place?

I would file everything you intend to rely upon and do so tomorrow if you possibly can.

System

It says that 'The defendant / all other parties must before 4pm on 22 September 2016

Call the court to see if their bundle arrived on time. Check your spam folder as they sometimes send their bundle to you by email (if they have it). Your bundle is late so they may object to it but it is for the judge to decide.