Preparing defence for County Court

MA61

Redx wrote: »

have a look at the GLADSTONES standard defence mentioned on here lots of times, thats a good reference to start drafting your own defence , even with no POC

Thanks - but I think that's what I used for my defence statement (above). Or are you saying that there is a standard witness statement to be used with respect to Gladstone's? Sorry for my ignorance :-/

MA61

Coupon-mad wrote: »

If it's a residential case - e.g. a block of flats where a resident had a right to park already - then a defence needs to adduce the Jopson appeal case, PACE v Noor, etc., to be mentioned (and used later as exhibits).

If yours is like that, search the forum for 'Jopson defence' to find others to crib from.

This will be me visiting a friend at a block of flats (i.e. I was not resident there myself). I either did not display a permit or the permit was not visible. He usually loaned me one...

Does that put a new slant on that or can I still plagiarise from Jopson? Thank you

Redx

MA61 wrote: »

Thanks - but I think that's what I used for my defence statement (above). Or are you saying that there is a standard witness statement to be used with respect to Gladstone's? Sorry for my ignorance :-/

no , if you are past the defence statement , then coupon-mad was worried because she did not know what you are actually using as defence points , so she listed them

the defence points are expanded in your witness statement (you cannot add new defence points at this stage) , so decide what your defence points are (or were) and then expand upon them in this next stage

if you tell people here what they are, then they can help you with the witness statements and any items that you need to bolster your witness statement

some recent cases have meant that judges have told GLADSTONES to issue the POC to the defendant , or the claims will be struck out, therefore this might be something you expand on , because the judge has then allowed the defendant to alter their defence once a POC has been received

Coupon-mad

MA61 wrote: »

This will be me visiting a friend at a block of flats (i.e. I was not resident there myself). I either did not display a permit or the permit was not visible. He usually loaned me one...

Does that put a new slant on that or can I still plagiarise from Jopson? Thank you

If you can include a Witness Statement from your friend saying you were an authorised visitor and that he/she believes he has an unfettered right to park (e.g. if he owns the space or his lease/AST says he has/his visitors have a right to park) then you can use Jopson (appeal case v Home Guard) and PACE v Noor, and Link v Parkinson, and Saeed v Plustrade.

Read this, you need to understand your options:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

You have hopefully already asked the friend for a WS and a copy of his/her AST or lease? It might grant him/her (and you) rights to park that supersede any third party protection racket. This is URGENT and vital, your defence might depend on his rights.

MA61

Coupon-mad wrote: »

If you can include a Witness Statement from your friend saying you were an authorised visitor and that he/she believes he has an unfettered right to park (e.g. if he owns the space or his lease/AST says he has/his visitors have a right to park) then you can use Jopson (appeal case v Home Guard) and PACE v Noor, and Link v Parkinson, and Saeed v Plustrade.

Read this, you need to understand your options:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

You have hopefully already asked the friend for a WS and a copy of his/her AST or lease? It might grant him/her (and you) rights to park that supersede any third party protection racket. This is URGENT and vital, your defence might depend on his rights.

Thank you for this comprehensive answer. I hadn't asked him (but have now) - if I am being honest I doubt he will come through in time. I suppose what I have miscalculated, is that I have been taken to court on the basis of a claim, for which I have seen no detail or any supporting evidence, and in my (non-legally-trained mind) I assumed that I cannot lose on the basis of what is on the face of it a spurious claim by the claimant with no evidence (at least nothing which has been seen by the defendant).

If he/she then decides to produce evidence on the day, are we saying that I have to include some points to rely on in my witness statement just in case. Again in my 'lay' mind, it seems that by offering such a defence it seems to be suggesting I am dignifying (and possibly tacitly admitting) this claim which they have produced no basis for. I am not trying to be obtuse but I think I really need to understand this point please as I construct my defence / witness statement.

Thank you so much for your time so far, I do really appreciate it. I have done myself no favours in terms of timing!

MA61

Redx wrote: »

no , if you are past the defence statement , then coupon-mad was worried because she did not know what you are actually using as defence points , so she listed them

the defence points are expanded in your witness statement (you cannot add new defence points at this stage) , so decide what your defence points are (or were) and then expand upon them in this next stage

if you tell people here what they are, then they can help you with the witness statements and any items that you need to bolster your witness statement

some recent cases have meant that judges have told GLADSTONES to issue the POC to the defendant , or the claims will be struck out, therefore this might be something you expand on , because the judge has then allowed the defendant to alter their defence once a POC has been received

Thank you - given the time and the tack I have taken up to this point, I will research this further. So presumably 'altering ones defence' entails another hearing?

Redx

MA61 wrote: »

Thank you - given the time and the tack I have taken up to this point, I will research this further. So presumably 'altering ones defence' entails another hearing?

you should be reading and following ongoing court claims on here and on pepipoo so you understand what is happening and why

see this thread for starters , especially page 4

http://forums.moneysavingexpert.com/showthread.php?t=5563884

I dont even have a pcn or court case on the go, but I do read threads of interest a lot

MA61

Redx wrote: »

you should be reading and following ongoing court claims on here and on pepipoo so you understand what is happening and why

see this thread for starters , especially page 4

http://forums.moneysavingexpert.com/showthread.php?t=5563884

I dont even have a pcn or court case on the go, but I do read threads of interest a lot

Ok so I have read the link and others posted, and also (rather unsuccessfully as I am unaccustomed to the layout) been looking on Pepipoo. I am struggling to understand whether I have got a strong case (at least for another hearing) on the basis of non-existent / compliant POC?

Coupon-mad

They won't produce evidence on the day, they'll send you their WS & 'evidence' within a few days as they are under the same deadline as you. Then you battle it out at the hearing, on the evidence shown by both sides (you and them). Not about POC.

MA61

Coupon-mad wrote: »

They won't produce evidence on the day, they'll send you their WS & 'evidence' within a few days as they are under the same deadline as you. Then you battle it out at the hearing, on the evidence shown by both sides (you and them). Not about POC.

Thanks for the clarification. So I am basically !!!!ed then, I don't know what the basis is of their claim so I have to second guess it, and as I have left it too late what with everything else I have going on (dealing with Father's estate, caring for 80 year old Mother - and consequently living away from home where my post goes) I don't have time to construct something which will counter every eventuality. I will go along on the day but after several months of stubbornness I am about to give up. I've spent hours reading forums (and rules and practice directions) and am still none the wiser really - or rather, maybe I am, but just do not have the time to construct everything by the deadline. Feeling very glum now.