County Court claim advice!

KeithP

Gizmo2 wrote: »

I'm very nervous and likely to crumble!

Watch this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Gizmo2

I don't really understand a lot of it like all the nitty gritty of the POFA and how they have not complied with it, such as the wording on the ntk in relation to paragraph 9 of the pofa. I can't make head more tail of it!

I've been given all this info but can't get my head around it all. So worried the judge will think I've absolutely no idea what I'm talking about.worse yet I won't be able to say anything because I'm to nervous to even speak. How can I talk about something I don't really understand!? ��

Redx

You allege that the claimant has failed the law and so you ask the claimant to prove their case to the judge, the judge understands the law called POFA and so it's down to the judge to decide if the claimant has proven their case

So you don't have to understand it, but you are saying that the claimant has failed and ask the judge to adjudicate and you will stand by their learned decision because you have no legal training

The judge is the referee, you are saying that the goal is disallowed due to failing the offside rule, even if you don't understand the offside rule

Gizmo2

Thank you this is helpful! I was feeling like I can't do this, but this tactic might just help me.

Redx

Bear in mind that if you asked if the claimant is following and relying on POFA and they say no they are not, then what right do they have to take you as Keeper (especially if you weren't driving) to court ? Case dismissed please your honour

Coupon-mad

Just DO NOT say this, an argument that falls into a trap that makes it easy for them:

It was a free carpark btw, for DFS and Wrens kitchen. This is why I'm so disgusted with the fee!

Like I said:

Coupon-mad wrote: »

No, be careful with that thinking. Your case is like the ParkingEye v Beavis case (also a free retail car park) and Barry Beavis lost in the Supreme Court, which applies to your case too unless you can show differences of fact, such as unclear signs.

You CANNOT object to the core term or say the charge is extortionate, or that they didn't suffer any loss. ParkingEye v Beavis killed all that. I suggest you Google & read it.

You really do need to read the Beavis case to learn why he lost, and NOT make the same mistakes and not talk about 'no loss' whatever you do.

I don't really understand a lot of it like all the nitty gritty of the POFA and how they have not complied with it, such as the wording on the ntk in relation to paragraph 9 of the pofa. I can't make head more tail of it!

Surely you now have their long template WS & evidence and can see whether they are saying they are relying on the POFA, or not?

If not, you use Excel v Smith (appeal) and Excel v Lamoureux that I hope you put in with your WS (remind us if you did)?

Are you defending that you WERE NOT the driver, or that you don't know? Or are you getting twitchy because you know you were?

Gizmo2

Yes I have put these case in my WS.
They do refer to the POFA once 4.1 and 5.1 that they have the right to recover any unpaid charges from the keeper.

They use also state they rely upon the Vine case regarding the risk to concent to trespass on land etc. And the beavis case.

And yes definitely twitchy!

Coupon-mad

They use also state they rely upon the Vine case regarding the risk to concent to trespass on land etc

And when you search the forum for Roch Vine, you'll see we've covered that before. You realise they've taken the words of Roch LJ out of context, yes?

Searching the forum tells you everything. Chaplair v Kumari? Thornton v Shoe Lane? All is covered for the sake of a surname search, and usually in VCS cases that were then won, which will help you get confidence.

Spend an hour searching now...read all the VCS cases where people have already blown all this apart, and make some notes in a way you will understand and be able to find quickly.

Gizmo2

Sorry for being dumb bit I cannot find specific info on these cases. So much pops up that I don't know what to read. I'm getting really tired now as well, have a teething baby to contend with so need my sleep. Won't get much time tomorrow to read anything now bit I'll try to

Coupon-mad

You are searching wrong, it is easy.

Use ADVANCED search and change the tick box to SHOW RESULTS AS POSTS.

Every result will show you VCS cases where people have already shot all this down.

Put Roch Vine in, try it, doing what I said.