Brittania parking- BW Legal

Redx

If b w ignore you, tell it to the judge, and the ICO if they failed DPA as well

Most transcripts that are available can be downloaded from parking prankster,s website

You can put what you like in your WS, tell your story if you wish to, that is what your WS is, but not in the defence, a defence is composed of the legal arguments for a judge to look at, not "your story" . The judge expects to see one set of items in the defence and expects to see the story plus evidence at the WS and Exhibits stage later on

Most shops and retailers are renting, so don't own the land

Mrs44474

When do I inform the judge? As in now? Or in my WS? Or on the day at court?

Thank you!

beamerguy

Becky44474 wrote: »

Also, months ago, I rang the aquarium to ask for help. They do not own the car park and are a charity so said they could not help. The lady I spoke to, I have her name, said “this is not the first time one of our customer have complained about the parking machines not working” and she spoke further with her manager. I asked if she could give me more details or I could use this in court but then I got passed on to someone else and could no longer speak to this specific lady.. am I allowed to use this in my WS as evidence? Or is it not sufficient? Should it have been mentioned in my Defence first? Thank you all. You’re amazing.

You know Becky, what on earth is the matter with these companies who rely on customers to exist. Without customers the Aquarium would go bust
Why should they put up with parking vermin employed by the landlord when they should be hitting the landlord for a huge rent reduction.

I would personally get the local media involved

Mrs44474

I don’t know if I’m brave enough to get involved with the media!

Should we go back to the car park to get photos of signage? Is it necessary when it’s an hour away? Do I need to show the Beavis sign vs the sign I had? I don’t think I even mentioned beavis in my defence! 🤦🏽!. Mainly because I wasn’t relying on this as a point. My defence was basically frustration of contract. I had paid. And all machines were not working to renew for extra time.

Redx

Becky44474 wrote: »

When do I inform the judge? As in now? Or in my WS? Or on the day at court?

Thank you!

BOTH , the WS prepares for your day in court, where you may elaborate if allowed to do so (The WS opens the door , you step through it twice)

Becky44474 wrote: »

I
Should we go back to the car park to get photos of signage? Is it necessary when it’s an hour away?

Do I need to show the Beavis sign vs the sign I had? I don’t think I even mentioned beavis in my defence! ����!. Mainly because I wasn’t relying on this as a point.

My defence was basically frustration of contract. I had paid. And all machines were not working to renew for extra time.

definitely get photos if you can easily do so but also try and use google goback to get pictures of signs at the time using GSV so you dont have to go there, plus they may have changed anyway, should have been done at the time of the incident

put the claimant to strict proof of the signs at the time, so they do that donkey work for you

yes mention BEAVIS and include both signs if it helps your case, attaching them as numbered exhibits

so stick to that story as part of the WS and if you had any photo evidence or WS from other people , include them as further numbered exhibits

Mrs44474

Thank you so much! I’ll try get there in the next week or so.

I have looked at parking prankster and there isn’t a transcript for Jolley V Carmel? I have no idea where to get one from!? I’ve googled it so much but can’t find the transcript ��

Mrs44474

I’m sorry for all the posts. Trying sort my WS and evidence. I am to print schedule 4 of the PoFA. But what do I say? Do I just put it in with my evidence and leave it at that? Highlight something? Mention something in my WS?

I am going over and over the information in the posts in the newbies thread, under ‘know what to do and when’ and I’m finding it helpful but feel I want to make sure I’m getting this 100% right.

Also, I think I’m going to do a skeleton defence? As my understanding is, I’ll have to talk a lot less on the day as everything I want to say is in there? But obviously I may have to answer some questions from the judge. So can the skeleton defence, combine points from the defence, witness statement and my evidence?

Umkomaas

So can the skeleton defence, combine points from the defence, witness statement and my evidence?

It's a skeleton argument, not skeleton defence. It should be a kind of 'shopping list' of the key points you either wish to bring up or you would like the Judge to consider at the hearing. It shouldn't be a further tome of verbiage and paperwork - it needs to be a quick reference for all the parties to look up on the day.

So you'll need to copy it to the court and the claimant a couple of days prior to the hearing (and if you're claiming costs, send your cost schedule with it to all parties at the same time).

Mrs44474

Ah thank you for that.

What happens if I can’t find a case law transcript of Jolley v Carmel ltd?

Also.. say I found many many reviews and other people screwed over by the exact same car park for ‘machine failure’ saying how surely it’s not just a coincidence that it happens this often? Can I include that in my WS? Maybe link the website with reviews? I don’t know.. I just find it so annoying they’re screwing SO many people in the SAME car park and I want to let the judge be aware of it..,

Redx

I believe that you quote the paragraph and case and the judge can look it up on their laptop or whatever, same as they can do with POFA , this seems to have been done in other ones on here in the last 2 years

YES INCLUDE ANYTHING YOU HAVE FOUND OUT IN THE WS

even if its hearsay , its a pattern , so print it off and include it