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Gladstone Solicitors Parking Claim
Comments
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the edit button is at the bottom left of your posts
use a laptop or desktop pc and you can see and use the edit
if you are using some other device, stop using it and use a laptop or desktop pc
do NOT use a smartphone0 -
Seems like it was the smart phone giving the issue.
Many thanks for your help.0 -
Why_always_me wrote: »Below is my draft defence. Please let me know if there is anything I should add/remove.
Start by removing all of it. It has obviously been cribbed from a very old defence, most of which doesn't apply, and I'm guessing that you don't understand a single word of it.
Then add a description of what actually happened on the day - the facts are what the Judge will be interested in. If you were not the driver, say so, and describe where you were at the time.
If you were the driver, say so and don't try to hide behind POFA - that won't work in court.
If your defence relied on inadequate signage and / or contractual issues, it's easier to make those arguments if you were the driver at the time.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
yes it was because you were on a phone, because smartphones do not give you the full info from the internet, they give a cut down version
people who login to ebay on a smartphone often cannot see the item descriptions properly and so miss vital info that can be relevant to what they are buying. I know people who have bought incorrect items as a result of this (should have used a laptop and seen all of the info)
anyone representing themselves in a court case and using a smartphone for research has a "fool for a client" - take heed
and you need to make those other 2 edits I mentioned earlier , one a subtraction part way through (2 words) , one an addition at the bottom
seeing as member BARGEPOLE has commented on your proposed draft, take heed, scrap it and start again by reading his recent defences for a starter0 -
Hi Bargepole,
Thanks for your response.
You are correct in that I sought inspiration from other defences, however I do understand the contents.
Given that I have no information in relation to the infringement my intention was to raise all the points I see as issues.
-I did request information prior to the claim and no response was provided;
-to say that the POC was vague would be a compliment, this I would want to raise;
-Failure of following pre-court protocol;
-I was not the driver and the Claimant has not identified the driver either;
-Question what rights UKPC have to bring a claim;
-in terms of signage, I may not have evidence as to what it looked like at the time, however if I was to refer to signage since the alleged contravention it would seem that signage would not have been appropriate in any case;
-further to dispute charges and whether you could deem a contract would have been entered into in any case by driver given the circumstances.
These are additional issues however as you pointed out the crux of the argument would be that I was not the driver. I am unable to specifically account for where I would have been during the infringement given that I am not aware as to what time the ticket was issued, nevertheless I will take your advice on board and provide information in relation to where I would have been at different times of the day. i.e. at work during the day etc
But based on the above, is there anything else you would ask me to add or should I focus on the fact that I was not the driver given that is my main argument and the others being more of technical inconsistencies.0
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