Letter of Claim - BW Legal/NCP

Manc88

Hi KeithP, I submitted my defence on Friday and just checked MCOL - it has been received.

Do I now wait for the Claimant's questionnaire to come through?

Redx

Read the newbies thread again

Read the bargepole post about what happens and when

Badly prepared people lose, cos they snooze

Manc88

Hi Redx, have just re-read the thread - can you advise where I would be able to obtain a copy of the sign/s from the Beavis case? Is this available through Parking Prankster's case law page? Would the transcripts of the two cases thrown out for Abuse of Process also be available there?

Redx

Try his site and try Google too

I won't be doing the groundwork, nobody else here will either, that's your job

Research is the key, which is your job to do, even if it takes you days or weeks

My reply was about the bargepole walkthrough on what happens and when, so you know what is coming and what to do, nothing to do with the signs at the car park in the Beavis case

I don't think that there is anything about the abuse of process judgements on there, I have only seen the info and pictures on here, plus those defendants won't have paid for any transcripts, no idea why you think that there are any transcripts because I don't think that the cases went to court

Do you know what a transcript is ?

Manc88

Hi Redx,

I re-read bargepole's walkthrough and understand I am between point 3 and 4 - i.e. waiting for the Claimant's questionnaire, so was trying to be pro-active and start gathering my evidence, which the Newbies thread recommended gathering, amongst other things;
- a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
- the case transcripts that support your argument (get them from the Parking Prankster's case law page)

As my defence is based around the signage and abuse of process, the Beavis sign and transcripts (if available) from the two Abuse of Process cases would be relevant, so I was just trying to see if there were any other useful links the forum members may be able to point me towards to help in gathering the evidence - I was not asking you to gather the info for me, just some pointers as to where to start looking (to my mind, some of this information may have been legally sensitive, so I didn't think it would necessarily be readily available or accessible through Google).

I thought transcripts would be written recordings of court proceedings/outcomes, but sounds like that may be incorrect(?). As the two Abuse of Process cases had been thrown out by judges and I had seen excerpts of the outcome in Coupon-Mad's post, I thought transcripts may be available to support my case, so was just wondering if there were any other commonly-used sites/sources I might start looking on for such information.

Redx

You are waiting for the questionnaire from the CCBC, or you download one and fill it in and email it back to the CCBC

Bargepole tells you not to fill in the claimant s questionnaire, so you clearly haven't understood that part at all

You are correct about what a transcript is, but those 2 cases never made it to court so there are no oral hearings to transcribe, hence no transcripts

The main transcripts are on pranksters site, but haven't been updated or added to in quite a while

I hosted one recently that wasn't on there

Most of what else you need is posted on here

Manc88

Thanks Redx, I'll start my research when I get in tonight.

didgeridoooo

I am looking for good defences to use to kick off the wording for my own. However most I come across appear to be DRIVER defences, whereas mine is keeper only (POFA). But I see that it appears many defences seem to blur the lines, so maybe I am being too definitive in planning to ONLY address the POFA and keeper defence points? This case is one of many I have read where it appears arguments for defence as driver are mentioned, but alongside POFA references such as the sum capped at the NTK amount etc. I am confused, isn't it one or the other? If defending as driver, POFA isn't applicable, surely?

waamo

You defend as keeper unless the identity of driver is known. It's the keeper they are chasing.

Quentin

didgeridoooo wrote: »

I am looking for good defences to use to kick off the wording for my own. However most I come across appear to be DRIVER defences, whereas mine is keeper only (POFA). But I see that it appears many defences seem to blur the lines, so maybe I am being too definitive in planning to ONLY address the POFA and keeper defence points? This case is one of many I have read where it appears arguments for defence as driver are mentioned, but alongside POFA references such as the sum capped at the NTK amount etc. I am confused, isn't it one or the other? If defending as driver, POFA isn't applicable, surely?

Everyone is asked to read up on this in the Newbies FAQ thread before posting


Go there now to get an understanding of the game you are now caught up in


If you then have further questions you need to start your own thread and not hijack someone else's like this