AOS completed, defense required

TPSTwats

Thanks man,

TPSTwats

14/3/19 documents to court office. I hope I will have enough time to get the evidence together if they don't reply to SAR.

TPSTwats

Another quick update, they have supplied the SAR. So i will build the WS in accordance to this and what was in the original defense.

TPSTwats

Hi, I am just trying to get my documents in order. From the newbies thread it seems i need these, is this correct or do i need anything else?

Would anyone know where i can find these apart from the photos and videos please?

(a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
(b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.
(c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen.
(d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.
(e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.
(f) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
(g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.
(h) the IPC or BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).
(i) a Pay & Display ticket if you have it in such a case, e.g. if arguing it was displayed. DO NOT ARGUE 'no loss'!

KeithP

What??

Half the things you are looking for are in the NEWBIES thread.

That chunk of text you have cut and pasted from the NEWBIES thread even explicitly tells you where to find one of the items.


If all else fails, it might be worth you spending a little time seeing if you can get that relatively unknown thing called goggle, I think, to help you.

TPSTwats

Look man, i have two of these cases, i really don't know what i am doing and on top of that i have uni papers to write. I have found most of them, however wanted to make sure that what i have is correct.

KeithP

TPSTwats wrote: »

I have found most of them, however wanted to make sure that what i have is correct.

Then please refine your question.

TPSTwats

For my case i have managed to get (a, d, e, g, h). I will get some photos and video tomorrow which will give me b and c, would you think this is enough? I have also built a schedule of costs. All of these will be printed out and put in a folder for the court. I am hoping that you could verify what i am doing please?

TPSTwats

A quick update, I have received a settlement request from BW Legal. They want £150 which seems a bit odd considering they want to go to court for £203.30!

https://forums.moneysavingexpert.com/discussion/comment/73000370#Comment_73000370

This is a draft settlement return request, citing costs. There does not seem to be an update however would anyone know if this actually worked?

Kind regards, TPSTwats.

beamerguy

TPSTwats wrote: »

A quick update, I have received a settlement request from BW Legal. They want £150 which seems a bit odd considering they want to go to court for £203.30!

https://forums.moneysavingexpert.com/discussion/comment/73000370#Comment_73000370

This is a draft settlement return request, citing costs. There does not seem to be an update however would anyone know if this actually worked?

Kind regards, TPSTwats.

That thread just ended. Sadly some people who get help here never return.

You are the second person today where BWLegal has made an offer. The mentality of BWLegal dictates they go for the jugular, and even then they manage to screw up.

As with all the dodgy legals, when they make an offer it suggests they are uncertain they will win. There is no reason why you would lose and then you can claim your costs against them.

If they had any sense they would discontinue to save the disgrace in front of their client

The BWLegal book is now so well read that it is boring