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Defence assistance

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Following on from Umkomaas' last point...

    I would also include as evidence printed extracts from Hansard showing these quotes.
  • Lop5
    Lop5 Posts: 28 Forumite
    Umkomaas wrote: »
    I think this is a very important point, too important to be languishing at #8, at a point where a Judge might be starting to skim over things. Get it higher up the batting order and make it very much a key issue.

    I'm not quite sure where to slot it in as my WS is set in chronological order?
  • Umkomaas
    Umkomaas Posts: 43,493 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lop5 wrote: »
    I'm not quite sure where to slot it in as my WS is set in chronological order?

    OK, then why not make an opening preamble to the WS that explains the issue, and cross-referring to WS para #8 which is sited there to follow the chronology of the events.

    Just get the contradiction planted in the Judges mind at the outset.

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Lop5
    Lop5 Posts: 28 Forumite
    Umkomaas wrote: »
    OK, then why not make an opening preamble to the WS that explains the issue, and cross-referring to WS para #8 which is sited there to follow the chronology of the events.

    Just get the contradiction planted in the Judges mind at the outset.

    HTH

    1. I am the Defendant in this case. I am unrepresented with no legal background or training and have had no previous experience of county court procedures. Attached to this statement is a paginated bundle of evidentiary documents marked “xx1-2” to which I will refer.
    2. I would firstly like to highlight to the court a matter in regards to correspondence from the Claimant. As further detailed in paragraph 8 and 17 I have received correspondence from a company known as Excel Parking Services Limited in regards to this case. This company is clearly not the Claimant named on the Claim Form, which leads me to wonder why I have received correspondence from this company at all.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Para 2. The IPC have been known as the International Parking Community for many years now. Their 'code' is a Code of Practice not a Code of Conduct.

    Perhaps paras 13, 15 & 16 should also mention which company sent the letters. Push this important point at every opportunity. ;)

    In your summary paras, do you want to take a final opportunity to remind the judge that Excel Parking Services Limited are a stranger to the alleged contract?
  • Lop5
    Lop5 Posts: 28 Forumite
    Thank you all so much for your comments. I've used all of your feedback to alter my WS and hopefully its now ready for my day in court.

    As I've referenced ParkingEye v Beavis should I include a copy of the whole 100 odd page of case transcripts in my evidence?
  • Umkomaas
    Umkomaas Posts: 43,493 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lop5 wrote: »
    Thank you all so much for your comments. I've used all of your feedback to alter my WS and hopefully its now ready for my day in court.

    As I've referenced ParkingEye v Beavis should I include a copy of the whole 100 odd page of case transcripts in my evidence?

    Definitely not. Just those pages/paras relating to the points you are raising. While some Judges will know the inner workings of Beavis, there are those (and we see it too often) who believe Beavis = Private Parking charge’s are totally enforceable = you’re in the wrong = you pay up!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Lop5
    Lop5 Posts: 28 Forumite
    Okay that's it all posted off to the Courts! Again thank you all for your help, I absolutely would have caved a long time ago if it wasn't for your help. I'll keep you updated.
  • Coupon-mad
    Coupon-mad Posts: 153,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You also emailed a copy of the WS and evidence to the claimant?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,493 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Any update yet @Lop5?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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