Letter of claim from bwlegal

nosferatu1001

5) and 6) do not provide a defence, but they do provide the basis for a counterclaim potentially.

You have nothing on grace periods, or if you do its buried

Yes of ocurse font choice and size matters. 11pt Times New roman (yuck) is i beliebve the required font

KeithP

Palec wrote: »

I assume that font style and size do not matter in Word when writing the defence letter before saving it to pdf.?

No need to assume.

Post #2 of the NEWBIES FAQ sticky thread clearly answers that question.

Palec

Thank you Grimble, should I use'' District Judge Grand at Southampton struck out case E4GF6T09 due to defence and stated inflated claim not allowed under Beavis v Parkingeye'' this as part of my defence?

Apologies it is little bit too much info for me and bit stressful as I am prone to stress according to my diagnosis from 2009...:-).
Well nosferatu 1001, does it mean I should not mention 5 and 6 as part of my defence? I was thinking it makes sense as judge would see I wanted to settle despite of 10 minutes only...
As court takes into consideration mitigating factors, I can confirm my diagnosis, even can get psychologist statement if needed, which would support distress cause by bombarding me to pay from 2014 until nowadays and I really feel bullied as if I drive being not focused I could cause accident, so that I extended ticket, which takes time, too... I feel grace periods matter as even in version 3 they mention expression reasonable and everywhere 10 minutes is reasonable, so am confident that every judge would consider this and mitigating factors in my favour ( or at least I believe) and maybe I should counterclaim for distress and inconvenience and charge them for what I spent seeing psychologist as my condition got worse...( well let's admit also it caused stress as I am foreign and do not know the system, letters from DRP, etc etc etc... ).

Coupon-mad

now from this BPA I will claim charges been unreasonable,

No, you can't, as that was superseded by the Beavis case. I only ask you to read the CoP about grace periods, not the old outdated argument about no loss... which will lose you the case, if you try that.

Don't read the entire CoP from 2014 and think it's gospel.

Palec

Thank you Coupon-Mad, I like your comments, especially one about gospel, and yeas you are correct, sometimes I am going into detail where not needed, but that part of grace period says unreasonable, I would not mention ''no loss'' I have done this mistake when doing Popla appeal, just mention unreasonable, nowadays they say there should be something mentioned on signage about grace periods, if not 10 minutes is allowance from my understanding...
Well guys I do not know what else to put there, I have done my draft defence 1, now from you advice I need to do draft 2, not sure about point 5 and 6 and what wording to use about grace period and reason for me being late and paying another ticket, which I never mentioned before and is connected with my mental health problem started in 2009 when I was prescribed medication, finished course for 12 months, seen psychologist, no medication in 2014, but aware of if I do not feel good, should not drive which was the case, I believe mitigating factor.
So I do not know in this stage what to scrap what to leave, if to add something, so will be waiting and then will put draft 2 together for review.
Thank you for your comments and help

Palec

Should I incorporate this one somewhere in my defence then?
''District Judge Grand at Southampton struck out case E4GF6T09 due to defence and stated inflated claim not allowed under Beavis v Parkingeye.''

Coupon-mad

Only if it's a case with a transcript available (check the Parking Prankster's case law pages*) that you can later adduce as evidence, and only if it doesn't pre-date the FINAL Beavis Supreme Court decision in Autumn 2015.



*do not follow any commercial links on that website, eeek! No. Just so you know.

Palec

Hi, I did not find the case E4GF6T09 mentioned by grimble in Parking Pranksters case law mentioned by Coupon Mad, try to look again.

Apart from this, any other comments of draft defence 1 please? What to change, add, delete etc...?
Thank you

Palec

Except from advice on my draft defence 1 I would like to ask, if there is possibility if court case is certain day to submit written representation, apologise and better go to work instead? I just started new managerial job, so that it would be better for me not to go also because stress involved etc...
Thank you

Coupon-mad

I would like to ask, if there is possibility if court case is certain day to submit written representation, apologise and better go to work instead? I just started new managerial job, so that it would be better for me not to go also because stress involved etc...

Yes as long as you tell the local court - in writing - that you cannot attend, and give them fair warning of this (a couple of weeks before at least). You can then ask in your letter, for the Judge to hear the case hearing date xx/xx/18 'on the papers' in your absence.