VCS/BW Legal - writing defence

Loadsofchildren123

Jonersh took the words out of my mouth. They won't discontinue if you want money out of them, but might if you don't.
Excel/VCS do sometimes drop out at the last minute, probably in cases where they can see a good fight is being put up, and this is one of those. I suggested it because I know you are dreading court (as we all would), but if it does proceed you are not alone and we are all here willing you on.

bargepole

Loadsofchildren123 wrote: »

... I know you are dreading court (as we all would) ....

Not all. I look forward to days in court, where I really enjoy the cut and thrust of argument and counter-argument.

It can be disappointing when you've presented what you consider to be a solid case, and the dozy DJ rules against you for ridiculous reasons.

But the buzz you get when you hear the words "the Claim is dismissed", and you watch as the PPCs advocate trudges disconsolately away from the court, is hard to beat, and could only be bettered in my case if the B&I Lions manage to beat the All Blacks in Wellington tomorrow ...

MadHatter752

Well my 12pm deadline has been and gone... guess we are going all the way so better start preparing the bundles. Do you think it's worth ringing the court just to check it's still scheduled for tomorrow?

MadHatter752

Loadsofchildren123 wrote: »

.
You need to take to court:
your bundle (and if you have not lost the will to live, take a spare in case the court denies receiving it or it's got mislaid)
the other side's bundle
your skeleton x3 copies
the legal authorities you rely on x3 copies
The Rights of Audience documents if you want to argue RoA

anything else to add to this list anyone?

Also in terms of the other sides bundle... Is this just their WS and the exhibits they attached?

I've read before about putting everything together and tying it with red ribbon which i've got... what exactly goes in the bundle with the red ribbon... all of the above?

Does my original defence need to go in too?

Also... I haven't used continuous numbering throughout the whole thing... didnt realise. what can i do?

Can i check if there are any other parking cases on tomorrow at Bham CC?

further edit... can i print double sided? I need to take 3 copies of IPC code of Practice and it's 40 odd pages.

MadHatter752

Aside from the above questions I am just trying to work out which case studies i need to print off and include... i made mention to Pace vs Zoltan Lengyel here

21. The Claimant has not provided any documentation (eg a contract with the landowner/occupier at the date of the parking event) showing what authority it had in relation to the land (eg to issue parking charge notices or to enforce those by issuing claims on its own or upon the landowner’s behalf). I put the Claimant to full proof of its authority. This is the sort of documentation which the Claimant should have produced at the pre-action stage of the claim, because it is core information which proves that it has standing to bring a claim. Even if the Claimant has authority, the terms of that authority are crucial, a matter held recently in the case of Pace Recovery and Storage Limited v Zoltan Lengyel, case number C7GF6E3R heard by DJ Iyer in Manchester County Court on 24 May 2017. Without such evidence I can only assume that it does not have the required authority to have issued a PCN to the vehicle and brought this claim.
No contract was formed between Claimant and driver

now that they have provided me with their rubbishy authority in their WS should i not include this case transcript?

MadHatter752

The Q's are coming thick and fast now... you can tell I am in court tomorrow morning!!

is there a case transcript for Excel vs Lamoureux? I've googled it and looked on parking prankster and can't find one.

claretmad62

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

2 cases shown, 4-5th from the bottom, if link doesn't work. Look under help and more case law

MadHatter752

thanks Claretmad, hadn't spotted the other page of cases!

Do I need the proceedings to judgement and the judgement?

claretmad62

I would read the proceedings first, the judgement is pretty much dotting i's crossing t's from memory. Still worth reading though.

Read pg 5 on this, http://forums.pepipoo.com/lofiversion/index.php/t106959-200.html.

Lamilads run in with Jake Burgess will give you a good insight...you wont be given anywhere near the same grilling...but it is worth reading it to get some tactics..how to word things etc.

MadHatter752

thanks... i'll have a look. did you print everything single sided?