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UK Car Park Management Court Claim!!

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  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You respond as C-m suggested. No evidence attached to support the "stopping is parking" argument therefore the WS is toothless. As regards the photographic evidence (alleged) only you will know whether that is true or not. If it is not true, then just refute it.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If they havent actually evidenced their claims, then those are just words

    You point out that noweher in there does it say what "breach" was alleged; for all you know, the "breach" was "no stopping", not "no parking".
  • Kazaa
    Kazaa Posts: 98 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Ok thanks, so for point 12 i will simply say :-

    There is no evidence in this claim and it does not specifically state what “breach” is alleged, this breach could be “no stopping”, not “no parking”. As there is no evidence attached to support “stopping is parking” this argument has no grounds.

    I will print out this WS tonight and send it tomorrow. Appreciate the help guys.
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Kazaa wrote: »
    I will print out this WS tonight and send it tomorrow. Appreciate the help guys.
    By "send" you mean by e-mail to the claimant and by hand to the court, along with your evidence and costs schedule, neatly put together with a contents page and with the WS referenced to the evidence.
  • Kazaa
    Kazaa Posts: 98 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    i wasnt aware i have to hand this in by hand? If so thats not a problem, thank you for letting me know. Yes i have drafted a costs schedule too.
    Do i need to print out any cases, to provide with my bundle?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Thats exactly what post 2 of the nbewbies thread, which you MUST have read by now, tells you to do

    ANYTHING that supports your case you print out. Theres no good saying "honestly, this case says the sky is green" and just hoping the court will accept it on face value....

    You should only email to the clamaint IF they have given permission for you to serve them that way. Sorry but thats what the CPRs state. Print and send, first class freee proof of postage, to the C. Hand deliver to the court.
  • Kazaa
    Kazaa Posts: 98 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    It isnt clear on post 2 of newbies thread ( unless i totally missed it)
    So to confirm i have the following printed and ready to send to the claimant by post and to hand to the court by hand :-

    1) Table of contents
    2) Witness Statement
    3) Costs of schedule
    ( does this only go to court and not claimant)
    4) Evidence ( includes photographs)

    I have not printed any cases, is this required?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kazaa wrote: »
    I have not printed any cases, is this required?
    If that's part of your evidence, then... yes.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    POst 2 is completely clear
    If it supports your defence, you print it out.

    Again, what will you do in court? Say "honestly, the case totally supports my position, trust me on this. No, you cant see a copy". Also, you cannot AMBUSH anyone - turn up with new evidence on the day

    If it is a long case, only print out the page you need, plus cover to show which case it comes from.

    EVERYTHING goes to both parties. You cannot leave one side out!
  • Kazaa
    Kazaa Posts: 98 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Yes as part of my defence i have citied Vine vs London Borough of Waltham Forest. Also i will print the IPC code of practice. Thanks

    Question which remains opened is if the costs of schedule is also sent to the Claimant? Or just the court?
This discussion has been closed.
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