A PCN at claim stage with a Contract Hire Vehicle advice sought/few Q's

KeithP

SophS wrote: »

do you mean the documents ive listed as exhibits? I can't find a way to post them as docs here

No I mean the massive chunk of text in post #14 of the Abuse of Process thread by beamerguy.

You have missed a lot in the 4-5 months you have been away.

SophS

Yes thats true ive not been reading every post on the parking charges forum if there was any chance that fees wouldn't be filed and the hearing not going ahead - and with it not being a particular hobby either. I will search CEC16 but know already I won't find what it is you're pointing me to, I barely find my way back to this thread, navigating this site is difficult if you're not forum savvy, but thank you anyway.

Coupon-mad

I will search CEC16 but know already I won't find what it is you're pointing me to,

No-one is telling you to search 'CEC16'.

I said:

Read the thread by CEC16

...this is a porter's username and his posts are found by clicking on the COMMUNITY tab and then 'members'...and there he is under 'C' and by clicking on his username, you will find his thread.

This forum is great to use and search, and look at a member's posts - all found in seconds - and we encourage you to try. It really is easier than you think and you will be helping yourself to win your case if you know how to hop around.

If you are stuck, shout!

If you are on a phone - STOP STOP STOP!

SophS

Hi coupon-mad, I found the thread by CEC16, he/she were very lucky to have their case thrown out, one can only wish. I did actually read this the last time I was here because I included it in my defence.

However, I followed links from there to find more info Beamerguy thread re Abuse of Process.

As I mentioned it over 4 pars in my defence above (which did include pars re the Southampton case), and quoted relevant POFA too, I started to condense it further in my WS as I wasn't sure if I should be repeating the same information twice? is this wrong?

I then read your post #14 on the beamerguy thread.

As this is a long bit of text, what do you suggest is the best way to include it in a WS given mine now runs over 2 sides of A4 already as it is, eg should it be added as an additional document in the appendices or included in the main part of the WS that argues abuse of process?

Redx

A short precis of what it is about in the WS , reference exhibit SophS09 or Exhibit AB08 or whatever references you use , the exhibits are referenced and numbered so add documents scans or printouts etc as exhibits which are in the bundle (Exhibits are Evidence) , including Abuse of process and other court cases , pictures , documents etc

So try to shorten the WS by putting as much evidence as possible into the exhibits , but ensure you have bullet points that reference them

The WS plus Exhibits stage expands on the defence as well as being a narrative , it also references your evidence

Add a bullet point at the end about your costs schedule and add that as the last referenced Exhibit

So the WS is not just your story , it expands on the defence , introduces Exhibits and also references your exhibit that is your costs schedule

Capiche ?

Le_Kirk

4. The Defendant denies being the driver at the time of the alleged contravention

10. Parking signage in this area is also [strike]are[/strike] non existent or woefully inadequate. If indeed there were signs in this residential area, they were not clear, prominent or legible from all parking areas

If you were not the driver, how do you know about the inadequate signage? Could you say you were an occupant of the car (if it is true) or that a subsequent visit was made on foot to carry out research.

SophS

Le_Kirk wrote: »

If you were not the driver, how do you know about the inadequate signage? Could you say you were an occupant of the car (if it is true) or that a subsequent visit was made on foot to carry out research.

Im going to change that par to mention subsequent visits, thank you Le_Kirk

Redx wrote: »

A short precis of what it is about in the WS , reference exhibit SophS09 or Exhibit AB08 or whatever references you use , the exhibits are referenced and numbered so add documents scans or printouts etc as exhibits which are in the bundle (Exhibits are Evidence) , including Abuse of process and other court cases , pictures , documents etc

So the WS is not just your story , it expands on the defence , introduces Exhibits and also references your exhibit that is your costs schedule

Capiche ?

Capiche. Thank you RedX, I will definitely list evidence in parenthesis at the end of a par to let the judge know any quotes/reference to law/case law is an exhibit.

SophS

Coupon-mad. I've re-worded the Abuse of process in my WS and will post up full statement later on...but i quoted the Beavis case in one of the pars in the following way.

21. They amount to double recovery and are nothing more than a blatant attempt to bypass the limits put on these charges by both Schedule 4: (5) of POFA (2012) and the Supreme Court ParkingEye vs Beavis rulings which held the sum on the Notice to Keeper amounted to the “full business cost” including any administration and recovery costs and that any further addition would amount to a penalty rendering the contract void. (Exhibit 7 & 8)

I know that I must include the Beavis case as exhibit 8 but its so very long with hundreds of paragraphs, I can't even find the par that relates to what I stated above. Should I just print out the whole transcript and use that as Exhibit 8?

Le_Kirk

I seem to remember reading on here that you don't need Beavis as it is available to the judges. Someone else might remember more clearly.

Umkomaas

The Judge should know about Beavis whatever, no need to copy the entire tome, just copy the one or two pages containing the relevant paragraphs.