Entered Wrong reg on App. messed up my appeal now.

Jamesrb

Feels like the most crucial part of this whole saga for me now. Appreciate any help at this stage. I imagine that there are only probably about 5 experts in this forum for threads that get to this stage so appealing to any of them for input/help/advice.
im intending on submitting screenshots of the App to show how it automatically has the registration stored in there. As far as cases like the Beavis case if I intend to refer to it, then do I need to take a copy of it on the day or will the judge know what its about? i'll also be pursuing the fact that they admitted to the costs being £20 as well as this being proof that they accept the car reg was inaccurate and I had not tried to deceive or fraudulently park.


Thanks

Coupon-mad

As far as cases like the Beavis case if I intend to refer to it, then do I need to take a copy of it on the day or will the judge know what its about?

The BEAVIS case, no.

Other cases, if you have found relevant transcripts (see the Parking Prankster's 'case law' and 'more case law' pages - then yes.

Jamesrb

Clarification required please, its all gone very quiet on here.
So, I submit my defence, I received the Claimants reply to defence... so am I best to chop out the best bits/bits I intend to rely on from my original defence and class that as my witness statement? or can I just re-issue my defence for the witness statement? it seems a bit strange to have to re-state what my defence is when it has already been outlined, im a bit confused. Or should I just submit a skeleton argument and leave it at that?

MothballsWallet

Jamesrb wrote: »

Sorry Coupon-Mad, spat my dummy out before this a little bit, think it is getting to me a bit more than what I thought.
<snipped>

James, these companies want to make you scared, they want to make you hand over your money for breaking their (usually bullcrap) rules.

The trick is to remain as calm as you can and not let them get to you: follow the guidance of Coupon-Mad, KeithP, and all the regulars here, and it'll be Britannia and DRP who will be going home with the tails between their legs.

Also, BW Legal are one of those law firms who are kind of like the robots in a car factory, but have aspirations of being the T-800.

Edit to add: a little extra tip: if someone PMs you offering help and it isn't one of the regulars, please report them - it could be someone from one of the PPCs or their useless debt collector pals trying to trip you up.

KeithP

Nobody is asking you to restate your Defence.
Where did you get that idea from?

You need to re-read post #2 of the NEWBIES thread.
There are many examples of Witness Statements there.

From that post:

A WS is simple, it expands on your defence and tells the story from your point of view, and it is vital because it includes your evidence exhibits such as photos of obscured/tiny font signs, any relevant letters, permit/copy of your lease, copy of your authority to park, etc.

Jamesrb

KeithP wrote: »

Nobody is asking you to restate your Defence.
Where did you get that idea from?

You need to re-read post #2 of the NEWBIES thread.
There are many examples of Witness Statements there.

From that post:

I got confused because I don't see what the point of the defence was for in the first place? all the relevant argument I had was in there, so who will have looked at that? Who's benefit is it for?


Just re-read post 2 and found the witness statements, I'm in the process of trying to patch bits together based on these exampples. It just seems a shame because all the wording in my defence sounded strong and I don't feel as though I can word it anywhere near as clearly now which is why I was angling to just reuse the most relevant detail in my defence.
Will share what I get written up tomorrow.


Cheers


James

Umkomaas

If you've only just submitted your defence, you're a long way from having to produce a WS (maybe a couple of months). The next stage will be the DQ from the courts which will give you direction as to when your WS should be submitted.

Use that time to read plenty and really get to know how a WS should be framed. Rushing at this won't help.

Jamesrb

Umkomaas wrote: »

If you've only just submitted your defence, you're a long way from having to produce a WS (maybe a couple of months). The next stage will be the DQ from the courts which will give you direction as to when your WS should be submitted.

Use that time to read plenty and really get to know how a WS should be framed. Rushing at this won't help.

As per ive stated in the thread, all that has been done. I am at the stage of WS, I have my court date. Point im making is that the detail outlined in the defence covered pretty much everything I have to say so I don't really get why it needs a WS as well. Fact of the matter is the app carried forward old data and I paid for the wrong car. Not much more I can say other than that from what I can see so other than screen shots of the app I dunno what more I can say.

Redx

the CCBC or a legal person willl read your legal defence and the POC on the claim and decide if it should go to a local court, noithing more, they are just the main government office

the DQ stage will ask you to fill in the form and nominate your local county court

this will all get sent to your local county court and the claimant will have to pay a court fee to progress it

your WS (and not your legal defence) and any other WS + EXHIBITS (YOUR EVIDENCE) is submitted to your local court (and to the claimant) so a judge and the claimant can see them before the hearing date, plus you get to see the claimants WS + any EXHIBITS TOO

that stage could be 4 or 5 months away, so you are wayyyyyyy ahead of yourself at this time

only the DEFENCE is submitted for now, to the CCBC, and then the DQ when the CCBC send it to you, then its wait and see time

the defence and the WS are completely different, you dont just copy the defence for the WS , nor would a judge want you to

thats the process in simple terms, and it all takes time

if the claimant FAILS to pay the court fee on time, then it could all fall apart and die a death, whereas you seem to be assuming that it will go all the way (it may do, but as in a hurdle race, their are a lot more hurdles left yet)


so if you are at the WS + EXHIBITS (dont forget those) stage, then this is NOT a repeat of the defence because the local court already has your defence on file. your WS is an explanation and introduction of your exhibits etc , so explain the circumstances and do introduce those exhibits (but dont start quoting legal laws etc)


this isnt you rubbishing the POC in legal terms, that was the defence


this is your explanation of "what happened" and introduce your evidence as well

Umkomaas

Jamesrb wrote: »

As per ive stated in the thread, all that has been done. I am at the stage of WS, I have my court date. Point im making is that the detail outlined in the defence covered pretty much everything I have to say so I don't really get why it needs a WS as well. Fact of the matter is the app carried forward old data and I paid for the wrong car. Not much more I can say other than that from what I can see so other than screen shots of the app I dunno what more I can say.

Sorry, I hadn't chased back over almost 100 posts to ascertain that, but from your post immediately prior to my reply, I got the impression you were just submitting your defence.

Seems like Redx read it just like me.