County Court Claim Issued - Northampton

nosferatu1001

Its advice, that you are free to folowo or not. Your choice.

bartlebobton

I didn't know there was a loop setting....

Best wishes ... BB

Fight_the_good_fight

Well that descended quite poorly. OP comes asking for advice, plenty given and takes umbridge.


Valour is sometimes the better part of discretion and accepting constructive criticism from valued board members who give up their time freely to advise and proof read numerous posts, I would look to taking a large slice of humble pie.


From reading the thread I am sure you will be back for more advice at the DQ, WS stage and requiring more assistance from the very same posters who have you helped you to reach this stage.

bartlebobton

There was a fairly simple question in post 53, asking for comments on the Defence document.

What followed was post 54; "Bit late as you sent it" .... (no prizes for that response, very constructive).

Post 55: I went on to ask for constructive criticism of the Defence doc and further stated it didn't matter if the doc was sent. Again I asked for constructive criticism

Post 56: Apply to court, cost £100 .... (missed the point re post 55)

Post 58: "Your posting style is a horrible read" (and who exactly sets the standard here, the arbiter on writing style...? Perhaps someone has contact, of a spiritual kind with Graham Greene...

There has been no constructive response to my earlier point. I simply asked for "constructive criticism thoughts/ideas/views" and nothing has been forthcoming... Sucking lemons is not one of my pastimes.....

I would just add, when reading some other Witness doc threads, one or two others had become dejected by the types of responses by one or two of the "experts" ...The information may have been correct, but how it was presented, I would say lacked, pathos, patience and consideration.

If someone wants to volunteer, it's their choice, but they should do it with good grace, not in a rather haughty way. If users questions irk them, the question is why, perhaps subconsciously they are getting stale, or just weary of it.... One final point, while we shooting fish in a barrel, I have seen a rather cavalier use of CAPITALS in messages..which is an absolute no no...What style book is that in ? Anyone would get short shrift and a rebuttal if that appeared in any workplace an email or forum. Judgmental ? the jury is still out....


Best wishes....
BB

ps feel free to give "constructive criticism thoughts/ideas/views" on my Defense Document. All comments of that nature graciously received....

ShakeItOff

It's pretty poor form to go on the attack and then expect further assistance.

While yes, you may be able to add in a further defence by cleverly disguising it in your WS, the reality is that you do not know whether you have a detail conscious advocate on the other side, or a judge with a particular penchant for the rules. And if my experience has been anything to go by, I didn't get the opportunity to speak at all. I asked if I may, and was told no. Would I want to hedge my bets to that extent? No.

As for your defence, unconscionable costs is an irrelevant defence point since Beavis. You've used first person, whereas defence is third person. The will of parliament is not a legal argument. i'm unclear if you were hoping to rely on keeper liability - if so, there is a significant absence of POFA references. The behaviour of BW Legal et al is more for your WS than defence.

bartlebobton

There's no attack, I'm simply presenting my view in a constructive way; neither shouting nor swearing, or even getting grumpy.

For the n'th time; I simply asked for "constructive criticism, views/opinions/suggestions, wrt my Defence doc, nothing more, nothing less... You're the first to do that....

Anyway, moving on, thank you for your comments, the most constructive to date, so you get a pat on the head for that (but only if you sit under a cow)... That's a joke, not a jibe

All, I'll say is I've been to court 5 times, and you can never double guess what a Judge is thinking, though you might get a sense of how it's going...badly or otherwise, some pull a rabbit out of the hat from no where... Also, they all conduct a hearing in their own way...as I said, some are more laissez faire than others... As you say, better to be prepared for all eventualities, that was my point when asking for "constructive criticism, views/opinions/suggestions...and not snippy comments.

I'm a bit lazy with the third person, first person thing, I'd be the first to admit it... but as a LIP, a Judge should make allowances for things like that, so hopefully I won't be sent to the tower. The Will of Parliament, as you say is not a legal argument, but certainly brings in to focus what current thinking is... Mostly the law lags society...so it's always playing catchup... I don't see it's inclusion as a bad thing.

I read through a few WS docs too, they're all pretty variable, there are some real blinders though, I'll using parts of them.

Someone included a ruling from the EU courts about entering into a contract, when the details are unbeknownst to you ... The courts on that occasion ruled it was illegal... I've seen that case only referenced once. I don't why that is, as it looks like a significant ruling most would benefit from. I only unearthed after submitting my DD... or I would have included it... Perhaps there will be scope to bring it in to play further down the line...

In my first paragraph I owned up to driving the car and parking it... I haven't read in full the POFA, I groaned when I first looked at it.. ... I'll perhaps put something in the WS doc... I can only get told off....or have it struck out.
Keeper liability; I fessed up to driving the car and parking it... If that's what you mean, it seems most DD...follow the route; "I wasn't driving the car gov, so prove to me that I was...."

Thank you for you input...

As a note, the paperwork from dw legal says next to nothing, my data files also contain nothing of interest... I can only surmise they'll come at me with the; you parked in our carpark, you agreed to the T&C's ... so over to you...cough up...

Thank you again.

Best wishes... BB

Kooza

Hi.

Hope you’re all well.

Firstly I have searched everywhere for a new thread button which I can’t find so please, my apologise for writing this on here on somebody else’s thread.

My sister is the registered keeper for her vehicle and has just showed me two claim forms from Northampton county court by the claimant National Car Parks Ltd represented by BW Legal.

Both Claim forms are for the same private car park on two different days in September last year.

During time these two tickets were issued it wa me driving her car and only today did we receive the claim forms from the County Court Business Centre.

The problem is she hasn’t received any letters previously regarding this matter otherwise she would have slumped me with them and told me to pay which I would have done as its only fair I was using her car.

Now that this has gone further without any previous letters to pay the reduced fine within the 28 days which is what I believe it to be I called up national car parks ltd and told them my issue (they never got any details from me, they didn’t even ask) the lady just told me if I haven’t got any letters previously which has a reference number on it she can’t even bring anything up on her computer as it has already gone to the County Court Business Centre.

My sister doesn’t have any letters from them and I just want to pay them both at the reduced cost (not sure how much that will be but guessing anywhere between £40-£70).

Where do I stand and who do I contact or how do I go about it to do this.

Surely theese guys should have at least snwt me some fines in to pay or the only thing I can think of is that the letters went upstairs (she lives in the basement flat and letters have by mistake and letters have been posted upstairs (4 different flats upstairs post goes to a communal shelf) but she has looked and asked the neighbors if they found any post of hers which they told her no!

Please help/advise me who to contact so this doesn’t have to escalate and I can only pay a reduced fine.

its too much stress for me to take this to court, infact she won’t go to court and doesn’t want anything to do with it!

Thanks for any info/advice...

Le_Kirk

First page of the Forum is the BLUE new thread button. If you are accessing the forum on a phone, that could be the reason. You need to be on a PC/Lappy.