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  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    hi not that I am aware of no.
    Just have fight them do the same process as I have done
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    Since they've gone from Graham Park Way, this seems to be their new wheeze. It will all unfold or unravel eventually.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You can dispute jurisdiction , but I believe you will then have to file a proper application and pay the fee
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    hi all so I have received my notice of allocation.

    I have read this point:

    5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.


    Are there any threads to read so i know what documents i should take along for this?
    Do i have to send this to the court and to Gladstones?

    Could i have some help on this

    thanks
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    I have no witness as it was only myself - I take it I do not do a witness statement?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are a witness. You do a Witness Statement.

    This process, and answers to most, if not all, your questions, can be found in post #2 of the NEWBIES FAQ sticky thread.
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    so all these points apply to me from post 2:

    (a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case

    (b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.

    (c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen to the point of parking.

    (d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.

    (e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.

    (g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.

    (h) the IPC or BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).


    Do I copy and paste in the images into the document which I have of the road/signage?
    Where do I send this too once completed?

    thanks
  • jrc123
    jrc123 Posts: 280 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    are there any posts of examples of witness statements so I can see the layout?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jrc123 wrote: »
    Where do I send this too once completed?

    I'll answer that question by suggesting you re-read your Notice of Allocation.

    It tells you exactly what to do with all the 'documents you intend to rely on'.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    your evidence and WS go to your local court that was allocated , plus to the claimant or their solicitors if they are using one

    post #2 of the NEWBIES thread has posts by BARGEPOLE and by LOC123 that explain the process , plus your paperwork and the online MCOL faq also help you deal with this too , plus it contains lins to WS examples etc

    ideally , read other ongoing and concluded cases over the last 12 months to see what they did and do the same, reading the replies by regulars that told them what to do

    its now a lack of research that is holding you back


    use the drop down forum search box, tick show posts and put in keywords for what you are looking for , ignoring anuthing over 2 years old unless its by bargepole , LOC123 , coupon mad etc


    ignore anything over 6 years old too
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