claim form from BW legal defence. UPDATE I lost

scriptkiddie

[QUOTE=Le_Kirk;76448488
You need to show how the claimant has rubbished your defence and refer to it as evidence and each piece of evidence needs a reference number.[/QUOTE]

they already did that in part of their witness statement

Le_Kirk

scriptkiddie wrote: »

they already did that in part of their witness statement

In which case, that is great but you need to point the judge at it and include it in your evidence.

scriptkiddie

ok. one last thing. I think im missing something about the contractual costs being added. Anything I can put on the WS or is that best left on my defence?

1505grandad

para 3 - "Upon leaving came the Defendant across the Parking Charge Notice."

- should be "Upon leaving I came across the Parking Charge Notice"


Include the Abuse of Process paras

What about evidence?

scriptkiddie

its ok i changed it to 'I' from 'the defendant'

I have the evidence printed out

KeithP

scriptkiddie wrote: »

I have the evidence printed out

You need to reference your evidence in your Witness Statement.

Have a look at the example WSs linked from post #2 of the NEWBIES thread to see how that is done.

scriptkiddie

Shall I add this?


Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim.

Problem is how am i going to add this as evidence? Prrint out the article?

scriptkiddie

ok third draft. I found an online policy about the new landlord but not THE tenancy agreement. Surely the online one is universal across all properties? It doesn't mention having a permit specifically

In the County Court at XXXX
Claim No. XXXX
Between!
Premier Parking Solutions Ltd (Claimant)
and
XXXX

---

Witness Statement

---

1. I am XXXX of XXXXthe Defendant in this matter. I will say as follows:

2. I am a legitimate visitor of the number XXXX, where my partner and son live. I use the parking permit issued to said residence. Exhibit A

3. On 31/05/2016, I visited the residence, and parked my vehicle registration no XXXX in the car park. Upon leaving I came across the Parking Charge Notice. The permit was not on display and seemed to have fallen or blown off the dashboard

4. I could not appeal the Parking Charge Notice because as stated on the website of Premier Parking Solutions they do not consider appeals where 'the ticket blew off the dashboard.' The goalposts were moved before the I had chance to even dispute the Parking Charge Notice. Exhibit B

5. Several attempts to settle this dispute before a court hearing have been attempted by the Claimant and I. This has proven unsuccessful and is yet to be resolved. The Claimant has chosen litigation

6. The Claimant does indeed have a contract with XXXX. The landlord of residence ofXXXXis now XXXX. XXXX had no contract at all during that time. The Claimant even refers to XXXX only in their response. Exhibit C

7 The contract with XXXX does indeed mention that they may appoint a reputable company to operate a parking scheme. However this does not mention anything about requiring a permit specifically. Exhibit D

8. The Claimant states the I used a template based defence with irrelevant information from various online platforms. I dispute this as there is nothing wrong with getting legal help by any means necessary as many of these defences from online platforms have indeed held up in court. Exhibit E

9. The Claimant states the I chose to ignore the Terms and Conditions. This is factually untrue as I was well aware at the time of said Terms and Conditions. To the best of my knowledge a permit was displayed

10. The Claimant may rely on the case of ParkingEye v Beavis [2015] UKSC 67 as a binding precedent on the lower court. However, that only assists the Claimant if the facts of the case are the same, or broadly the same. In Beavis, it was common ground between the parties that the terms of a contract had been breached, whereas it is the Defendant's position that no such breach occurred in this case, because there was no valid contract, and also because the 'legitimate interest' in enforcing parking rules for retailers and shoppers in Beavis does not apply to these circumstances. Therefore, this case can be distinguished from Beavis on the facts and circumstances

11. The Claimant is seeking recovery costs or 'contractual costs' to the sum of £60. Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim


I believe that the facts stated in this Witness Statement are true.

1505grandad

You have not started the WS as suggested by Le-Kirk in post #21 above.


para 4 - "The goalposts were moved before (the) I had * chance to even dispute the Parking Charge Notice."

Remove (the) and put "a" here*



Para 5 - " Several attempts to settle this dispute before a court hearing have been attempted by the Claimant and I." - Has the C attempted to settle?

Perhaps amend as - "I have attempted several times to settle this dispute with the Claimant before a Court hearing."



Para 6 - not sure what this means - "The landlord of residence ofXXXXis now XXXX"


Para 8 - as a matter of interest what is being filed as Exhibit E?

scriptkiddie

1505grandad wrote: »

You have not started the WS as suggested by Le-Kirk in post #21 above.


para 4 - "The goalposts were moved before (the) I had * chance to even dispute the Parking Charge Notice."

Remove (the) and put "a" here*



Para 5 - " Several attempts to settle this dispute before a court hearing have been attempted by the Claimant and I." - Has the C attempted to settle?

Perhaps amend as - "I have attempted several times to settle this dispute with the Claimant before a Court hearing."



Para 6 - not sure what this means - "The landlord of residence ofXXXXis now XXXX"


Para 8 - as a matter of interest what is being filed as Exhibit E?

Para 6 is when landlord 1 were no longer the landlords and landlord 2 took over

Exhibit E is a page on their witness statement where I show that BW Legal stated this as proof