ukppo bwlegal - defence review help

alpha0123

my plan is to remove para 2 and 3 of my previously submitted defense as this relates to PoC being vague or not much information. then add / amend the abuse of process bit as i have seen some additional changes being suggested by coupon-mad

my questions are as follows:

1. they claim the defendant breached term and conditions - not purchasing a ticket -- but this is residential car park... should i point this out as there is no provision to buy one in addition to my paras 8 to 10

2. they have attached photos of my car, specially the ones from the front but i cant even see if there are seats in the car ... should i add a line about this in the defense, saying i cant even make out seats in the car let alone a small permit if any on the dash board? or leave this to my witness statement / point this out during the actual case if it comes to court.

3. in one of their paras they mention they rely on vcs vs crutchley (2017) where the judge mentioned that even if inconvenient when entering private property (business park) one needs to know the conditions if not enter by foot. but i think this doesnt apply to residential car parks. so should i put another para saying specifically that this doesnt apply to this case in my defense or only needed if asked in court?

4. statement of truth is signed by a paralegal on behalf of the claimant and not by a solicitor, i vaguely remember reading sometime ago that only solicitors can sign on behalf of the claimant... i need to search to find this.

5. the contract to operate is just from the management company and not from the head lease holder, so i believe my existing para 10 is sufficient

thank you

alpha0123

Coupon-mad said:

No new threads please, as KeithP says, it is a complete nono.  We cannot handle two.

wow, you ladies and gentlemen are superfast that you replied even before i managed to type out my next post...

yes, i was putting it as a separate post in the same thread!! thank you

Coupon-mad

If you are allowed to amend your defence at this stage, download & use the new template defence with the 3 Judgments/Order attachments asking the Judge to strike the case out.  There is a provision in the middle to add your facts and what you say above all makes sense.

Search the forum for template defence as I haven't yet got round to weeding out the NEWBIES thread and adding it, and it is just on a thread I started 2 weeks ago.

A Judge read the utterly ludicrous VCS v Crutchley the other week then hurrumphed ''...back in the real World...!'' and the Defendant won, of course.  No-one is ever reasonably expected to STOP outside a car park and walk in on foot first; the VCS v Crutchley Judge was off his trolley, IMHO, to be led up that garden path by VCS' rep.  That Judge CANNOT have properly considered the Court's CRA 2015 s71 duty.

alpha0123

Coupon-mad,

Thank you, much appreciated. Work commitments hasn't helped, i am doing the changes.

alpha0123

Coupon-mad said:

If you are allowed to amend your defence at this stage, download & use the new template defence with the 3 Judgments/Order attachments asking the Judge to strike the case out.  There is a provision in the middle to add your facts and what you say above all makes sense.

the Judge threw out the earlier PoC and asked them to refile. if they did, i am supposed to file a new defence. so its not an amendment.

Coupon-mad

Great, then use the new template defence and add your own details at the top and facts at #16, and the Claimant's company number where shown (i.e. change all the red bits and it's done!).