At Small Claims stage - PCM and Gladstones

RM_2007

Also is it best to have the Skeleton arguments in the order as they are in the claimants WS and rebut each point or keep it in the same order as my WS?

Coupon-mad

Think of the SA as your crib sheet to help you move from one point of defence & evidence, to the next. Put the bullet points in whatever order helps you most.

ONE SHEET, concise, something you can read even if stressed, that will help you focus if the Judge is unimpressed with one defence point, so you can move confidently to the next point and locate your evidence that matches the point.

RM_2007

Coupon-mad wrote: »

Think of the SA as your crib sheet to help you move from one point of defence & evidence, to the next. Put the bullet points in whatever order helps you most.

ONE SHEET, concise, something you can read even if stressed, that will help you focus if the Judge is unimpressed with one defence point, so you can move confidently to the next point and locate your evidence that matches the point.

...mine is rather long as I've included paragraphs for each argument and quoted evidence references...hope that is ok?

Coupon-mad

It is, if you can follow it on the day!

RM_2007

Coupon-mad wrote: »

It is, if you can follow it on the day!

Lets hope I dont get all mixed up like the hungry caterpillar!

Am I allowed to take in any other notes to help me?

Coupon-mad

Yes, in your bundle or pocket you could have your own notes for your own use, like a speech.

And of course copies of absolutely everything, all your evidence, case law (not Beavis, but maybe the Beavis sign as a comparison of large lettering) and a copy of your defence and your WS, and theirs, all sent emails printed out in case the other side says blandly 'we didn't get that...' plus proof of how much you earn and your travel/parking ticket for attending, ready for costs at the end (if you win, don't walk out forgetting costs, be brave, clear your throat and say 'before we go, about the matter of costs...').

RM_2007

Coupon-mad wrote: »

I just clicked on the links.

Usual template stuff (absolute copy & paste of previous Georgina Philpott WS - we have seen this LOADS of times). You can debunk Vine, and Elliott v Loake, et al by reading how others did the same.

Search the forum for Philpott, and Gladstones WS Loake and Gladstones Vine WS I would suggest, as groups of keywords, always changing the search to show POSTS, don't trawl through entire threads looking for a needle in a haystack! You will see what I mean by the WS being a template...

And that isn't a copy of the sign, it's a template of what A sign might look like. No evidence.

More important would be their evidence of the signs in situ, pictured next to the car and with legible terms, in dated photos, and an aerial map (dated) showing where all the signs are (IF TRUE...).

Pick holes in the evidence and plan your attack.

If GP turns up herself then you can't challenge her RoA, as an employee of the Claimant.

Thank you.

Any advice on the "authorisation" they included - is that an adequate contract?

RM_2007

I think I have covered Beavis, Loake and hopefully this will cover Vine

"In Vine v London borough of Waltham Forest the court of appeal ruled that a person cannot be presumed bound by terms and conditions that they haven't seen. In this case, which was found in favour of the motorist the signage was deemed insufficient because there was no sign directly adjacent to the appellants parking bay and the only signage that was displayed could not be seen from within the vehicle whilst parking. In this case there was no sign adjacent to my vehicle"

KeithP

The first "In this case" should be "In that case", and the last sentence there should continue "In this case there was no sign adjacent to my vehicle and therefore the signage was similarly deficient".

RM_2007

KeithP wrote: »

The first "In this case" should be "In that case", and the last sentence there should continue "In this case there was no sign adjacent to my vehicle and therefore the signage was similarly deficient".

Thank you.