VCS/BW Legal - writing defence

Umkomaas

If you have any suggestions on how I can make it more succinct please let me know.

I've never seen anything like it in the 4+ years I've been advising here.

Search for other successful cases and use those WS as a framework/example.

Honestly, while a lengthy POPLA appeal might dissuade a PPC from pursuing a case, this is not for a PPC/POPLA assessor, it is for a judge.

I'll bow to the court case experience of CM, LoC123, IanEmanresu, Jonersh, but from my perspective, this is likely to jiss a judge off more than get him/her on your side. Sometimes less is more.

Just my perspective on a public forum.

Timothea

Coupon-mad wrote: »

The UTCCRs were repealed and incorporated into the Consumer Rights Act 2015, in the section about 'Transparency'.

Yes, indeed they were. I was quoting the UTCCRs because the parking event was in 2014, before the CRA came into force.

Umkomaas wrote: »

I've never seen anything like it in the 4+ years I've been advising here.

Honestly, while a lengthy POPLA appeal might dissuade a PPC from pursuing a case, this is not for a PPC/POPLA assessor, it is for a judge.

It is a bit overkill. The OP should win 90% of the time (the other 10% being down to the vagaries of District Judges). The most likely outcome is that VCS / BW Legal will discontinue before the hearing. Otherwise, they may end up paying you substantial costs due to their unreasonable behaviour.

Remember to have your costs schedules to hand - one for "standard" small claims costs and another for "unreasonable behaviour" costs.

Fruitcake

With regard to point 11. Many operators issue PCNs when they know byelaws apply. CRAPCOA, NCP, and Indigo litter the forum with theirs. Whilst they generally drop them or are beaten at PoPLA, the issuing of PCNs where byelaws apply appears to be a private parking industry insidious and common process, designed to cynically pressure people into paying money to which the scammers are not entitled.

System

Yes it has drifted a bit mainly because the underlying claim is based on a false premise.

Rather than go editing it further, perhaps a simple summary at the start would help you and the judge

Dear Judge

I'm my defence, I wish you to consider only two points.

The first is that this land is controlled under Byelaws and as such, the Claimant has no standing.

Secondly, if the learned judge decides that Byelaws don't apply and contracts can be made on this land, here are the reasons why no contract could have been formed.

My detailed response is as follows:

Then judge has the simple task of stepping through the arguments in the correct sequence. Ensure the Byelaws arguments are before the contract arguments.

MadHatter752

IamEmanresu wrote: »

Yes it has drifted a bit mainly because the underlying claim is based on a false premise.

Rather than go editing it further, perhaps a simple summary at the start would help you and the judge

I'm my defence, I wish you to consider only two points.

The first is that this land is controlled under Byelaws and as such, the Claimant has no standing.

Secondly, if the learned judge decides that Byelaws don't apply and contracts can be made on this land, here are the reasons why no contract could have been formed.

My detailed response is as follows:

Then judge has the simple task of stepping through the arguments in the correct sequence. Ensure the Byelaws arguments are before the contract arguments.

thank you IamEmanresu I like this idea. LoC123 has put ALOT of time into this for me and I wouldn't know where to begin shortening it so I think that may be the solution.
Because we havent had their reply to my defence I think we've tried to cover every possible thing they can say!

Is that the right wording as this is my WS... ie "In my defence, I wish you to consider only two points etc"?

I really hope they discontinue before the hearing but I dont hold out much hope!

MadHatter752

Umkomaas wrote: »

I'll bow to the court case experience of CM, LoC123, IanEmanresu, Jonersh, but from my perspective, this is likely to jiss a judge off more than get him/her on your side. Sometimes less is more.

Just my perspective on a public forum.

thanks for the perspective Umkomaas.... hopefully I have drawn on the experience of LoC123

MadHatter752

Just realised the folder i have bought isnt big enough to fit everything in for my WS and it has to be in tomorrow morning. I am at work all day tomorrow so have to finish it tonight...any ideas what I can do?

Umkomaas

MadHatter752 wrote: »

Just realised the folder i have bought isnt big enough to fit everything in for my WS and it has to be in tomorrow morning. I am at work all day tomorrow so have to finish it tonight...any ideas what I can do?

Sorry, but I did say .......!

MadHatter752

Umkomaas wrote: »

Sorry, but I did say .......!

:rotfl: i know but i ididnt have time to change it all... hence why I am doing this last minute,

Lamilad

MadHatter752 wrote: »

Just realised the folder i have bought isnt big enough to fit everything in for my WS and it has to be in tomorrow morning. I am at work all day tomorrow so have to finish it tonight...any ideas what I can do?

Submit it the day after. Not ideal but the court won't care and the claimant won't notice.