County Court Defence Help Please

dollydoodar

Coupon-mad said:

He didn't write it himself.  He used the words I wrote.

His supplementary WS is basically post #14 of the abuse of process thread verbatim on page 2 here:
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p2

thank you CM, you have been very helpful.

can i please ask for advice about the typo error i made in my defence in para 6? should i add an explanation about it in my witness statement?

also, would you be so kind as to briefly explain the difference between a supplementary WS and a plain old WS please? i have copied, pasted and almost finished editing the SWS you signposted me to but i am yet to add paragraphs in front of para 6, the paragraphs i thought of adding, are the ones from my witness statement but it doesn't feel right to repeat myself? maybe i've missed the point again...

Coupon-mad

Are you attaching these as evidence?  You should do, because it shows CEL knew you were disabled:
https://ibb.co/WyK8stQ

https://ibb.co/pngCsbL

Have you got their WS and evidence yet?  Signed by Scott Wilson, like all the other ones from CEL?  It's a really rubbish template!   Don't be fazed by it.

You've entirely missed a point that's needed about a breach of the Equality Act 2010 and your case was the day after @Littlewadie 's case, so, adapt her WS that I wrote for her.  It's pretty similar and goes to town on the fact that the BPA CoP from 2014 SAID THAT BLUE BADGE HOLDERS MUST NOT BE ISSUED WITH A PARKING CHARGE!!

I only just realised how similar your cases are.

https://forums.moneysavingexpert.com/discussion/6073442/pcn-escalated-to-court-proceedings/p5

...see the WS that stretches across two posts by me on 27th Feb.  Use that and change it where it talks about littlewadie being the driver, put in your info that you were not and could not have been.

And change the statement of truth to the longer version (April 2020) as hers ended with the short version  as I wrote it before the change.

You will see that there is no need for a Supplementary WS at all now.

Show us how you adapt Littlewadie's WS!  Nearly there!

dollydoodar

Coupon-mad said:

Are you attaching these as evidence?  You should do, because it shows CEL knew you were disabled:
https://ibb.co/WyK8stQ

https://ibb.co/pngCsbL

Have you got their WS and evidence yet?  Signed by Scott Wilson, like all the other ones from CEL?  It's a really rubbish template!   Don't be fazed by it.

You've entirely missed a point that's needed about a breach of the Equality Act 2010 and your case was the day after @Littlewadie 's case, so, adapt her WS that I wrote for her.  It's pretty similar and goes to town on the fact that the BPA CoP from 2014 SAID THAT BLUE BADGE HOLDERS MUST NOT BE ISSUED WITH A PARKING CHARGE!!

I only just realised how similar your cases are.

https://forums.moneysavingexpert.com/discussion/6073442/pcn-escalated-to-court-proceedings/p5

...see the WS that stretches across two posts by me on 27th Feb.  Use that and change it where it talks about littlewadie being the driver, put in your info that you were not and could not have been.

And change the statement of truth to the longer version (April 2020) as hers ended with the short version  as I wrote it before the change.

You will see that there is no need for a Supplementary WS at all now.

Show us how you adapt Littlewadie's WS!  Nearly there!

Yipee! thank god you spotted this, thank you so much i feel a lot happier about the case now...
i will definitely add the content you pointed out, about them knowing of my disability.
i have been editing Littlewadies's WS that you wrote, what a great piece of work sticking it to them. i have come across a couple of things that i need help with...
does para 13 apply to my case?
paras 30 & 31 are there any court orders that can be likened to my case?
and where do i find the evidence i need to supply when quoting EA CoP and BPA CoP? and are there specific sections that apply to my case?
thank you again 
i shall be able to send it off this evening once i have tidied it up some more... 

dollydoodar

also, do you think i should still bother with the fact that, all along they have accused me of being the driver when i was not?

D_P_Dance

It is imo absolutely  crucial that you do.  

Le_Kirk

dollydoodar said:

Coupon-mad said:

Are you attaching these as evidence?  You should do, because it shows CEL knew you were disabled:
https://ibb.co/WyK8stQ
https://ibb.co/pngCsbL
Have you got their WS and evidence yet?  Signed by Scott Wilson, like all the other ones from CEL?  It's a really rubbish template!   Don't be fazed by it.
You've entirely missed a point that's needed about a breach of the Equality Act 2010 and your case was the day after @Littlewadie 's case, so, adapt her WS that I wrote for her.  It's pretty similar and goes to town on the fact that the BPA CoP from 2014 SAID THAT BLUE BADGE HOLDERS MUST NOT BE ISSUED WITH A PARKING CHARGE!!
I only just realised how similar your cases are.

https://forums.moneysavingexpert.com/discussion/6073442/pcn-escalated-to-court-proceedings/p5
...see the WS that stretches across two posts by me on 27th Feb.  Use that and change it where it talks about littlewadie being the driver, put in your info that you were not and could not have been.
And change the statement of truth to the longer version (April 2020) as hers ended with the short version  as I wrote it before the change.
You will see that there is no need for a Supplementary WS at all now.
Show us how you adapt Littlewadie's WS!  Nearly there!

........and where do i find the evidence i need to supply when quoting EA CoP and BPA CoP? and are there specific sections that apply to my case?

Auntie Google is always a good source of information.  I presume you meant Equalities Act (EA) , it is not a CoP but legislation and that is here:-
http://www.legislation.gov.uk/ukpga/2010/15/contents
BPA CoP is here: -
https://www.britishparking.co.uk/Code-of-Practice-and-Compliance-Monitoring
You can use Ctrl F to search quickly if you know the keywords you are looking for

dollydoodar

@Coupon-mad would you please help me with para 4 as well? my defence did not mention anything about disabilty discrimination and i feel i should mention this. do you agree? and what reason can i give?

Coupon-mad

It doesn't matter that you didn't mention disability discrimination in your defence.

What do you need to know about para 4?    Show us how you want to re-word that and we'll assist.  Do put somewhere that you were not and could not have been the driver of the car, but you were a passenger and so you are a true witness.

Why ask about this, of course it applies to you!  Your case was within 24 hrs of Littlewadie's!

13.  In section 16.5 of the BPA Code of Practice ('CoP') 2014 (from the material time) it states that if the land owner provides a concession that allows parking for disabled people, ''if a vehicle displays a valid blue badge, you MUST NOT (my emphasis) issue it with parking charge notices''.  (See exhibit YOUR INITIALSx). 

Look up that 2014 version of the BPA CoP, the BPA have them all on a page if you Google and look.  You just need to change the evidence initials to yours instead of MW and exhibit the relevant page or the whole of the CoP.  You will be emailing the exhibits and WS so a large one lie the 2014 version of the CoP doesn't matter!  No printing it.

As for 30/31, use the attached PDF as evidence of cases struck out for abuse of process:

dollydoodar

Coupon-mad said:

It doesn't matter that you didn't mention disability discrimination in your defence.

What do you need to know about para 4?    Show us how you want to re-word that and we'll assist.  Do put somewhere that you were not and could not have been the driver of the car, but you were a passenger and so you are a true witness.

Why ask about this, of course it applies to you!  Your case was within 24 hrs of Littlewadie's!

13.  In section 16.5 of the BPA Code of Practice ('CoP') 2014 (from the material time) it states that if the land owner provides a concession that allows parking for disabled people, ''if a vehicle displays a valid blue badge, you MUST NOT (my emphasis) issue it with parking charge notices''.  (See exhibit YOUR INITIALSx). 

Look up that 2014 version of the BPA CoP, the BPA have them all on a page if you Google and look.  You just need to change the evidence initials to yours instead of MW and exhibit the relevant page or the whole of the CoP.  You will be emailing the exhibits and WS so a large one lie the 2014 version of the CoP doesn't matter!  No printing it.

As for 30/31, use the attached PDF as evidence of cases struck out for abuse of process:

thank you...
i managed to work out what para 4 means.
i had already looked at the correct version of the BPA CoP after LeKirk signposted me to the website so i will add it to my evidence now and the cases of abuse of process.
another 5 hours working on it today and still a bit more to do. i am exhausted but hopeful i will be posting the finished article before the clock strikes midnight lol...

Coupon-mad

Briliant work and a very good witness statement will come out of this, to give you confidence at the hearing!

Wait till you see the rubbish from CEL, look how I tore it apart this week:

https://forums.moneysavingexpert.com/discussion/comment/77345569#Comment_77345569

In fact wait till the last possible day to see if their WS & evidence bundle arrives in time to add the 'Scott Wilson template trashing' paragraphs to your WS!