Advice re blue badge owner

Coupon-mad

Hilary Term [2017] UKSC 4 On appeal  from: [2014] EWCA Civ 1573

So I don't need to copy this transcript?

What's that case?

Certainly you don't need Beavis. Judges can read that easily.

Three hundred pages is far too much for a WS - can you cut it down or is this mainly because of your skelly and case transcripts?  You may have to compress that into a smaller 'merged' and compressed PDF or it won't email.

[Deleted User]

Coupon-mad said:

Hilary Term [2017] UKSC 4 On appeal  from: [2014] EWCA Civ 1573

So I don't need to copy this transcript?

Three hundred pages is far too much for a WS - can you cut it down or is this mainly because of your skelly and case transcripts?  You may have to compress that into a smaller 'merged' and compressed PDF or it won't email.

Thanks for the reply.

I've decided not to include Hilary Term [2017] UKSC 4 On appeal  from: [2014] EWCA Civ 1573 after all. It's not that relevant, I just liked a few quotes from there.

Yes it is the case transcripts that are making the document so long. 

Some of the transcripts are very long, eg ParkingEye Ltd v Somerfield Stores Ltd ChD [2011] EWHC 4023(QB) is 164 pages. 

Should I just delete the very long transcripts? Others are very short VCS v Ferguson is just 3 pages.

Do you think its acceptable just to include paragraphs from cases where I've only quoted those paragraphs? This is what I've done with the Beavis case. Would there be any point if I'm including a skeleton argument

I'm not sure what to do. 

Thanks.

[Deleted User]

I think that is my final skeleton argument.

I've requested a reasonable adjustment of time from the court on 25/4/22 but haven't heard back. I can't get through on the phone so I've had to complain unfortunately.

18th of May is when the Court says I must send documents to other parties, hopefully I can get an extension on that before that date approaches.

It's not ideal and I need to get this done ASAP.

I really appreciate all the help.

Umkomaas

Three hundred pages is far too much for a WS

As best you can, you need to get a neutral Judge on your side. 339 pages (125,000 words plus, around 7 hours of reading), isn't going to do that, in my opinion. 

Coupon-mad

Maybe send the WS and photos/other exhibits like your Blue Badge first (the exhibits that support your story) stating that a Skeleton argument and authorities bundle will follow. 

Then email the skelly the week before the hearing so it's less of a bombardment.  A skelly can go the week before.

Haven't yet had time to read your WS!

[Deleted User]

Coupon-mad said:

Maybe send the WS and photos/other exhibits like your Blue Badge first (the exhibits that support your story) stating that a Skeleton argument and authorities bundle will follow. 

Are we OK with the 300+ pages of the case law?

Am I including all correspondence between Claimant and I as a further exhibit or just attach the SAR with the authorities bundle?

Thank you again @Coupon-mad

Coupon-mad

Maybe cut down PE v Somerfield and other cases. to just the pages you are referring to (e.g. paras 418-429 or whatever it is from that case) and provide a hyperlink to the full transcript in your comment, so the Judge can read the whole thing if he/she wants.

Umkomaas

It is submitted that the principal object of my counterclaim is to bring Premier Parking Solutions Limited to book

I'm not sure that's the reason to put forward.  Sounds a bit 'vigilante'. 

[Deleted User]

I got the WS from BW Legal today. I'm not going to write it all down here as most of it is a copy and paste from their reply to my counterclaim back in December 2021.

They've included a copy of the Claimants lease agreement with the car park owners. Should I remove part of my WS where it talks of them not providing evidence of their right to operate?

They've spent 12 paragraphs going into detail with case law saying "the defence appears to have been cut and pasted from websites containing parking forums". They say "only 1 paragraph is factual". This is obviously untrue. I've used parts but my particulars are relevant to my case. They talk of cross-examination and how they will confirm my defence is outside of my knowledge. 

Is this worth responding to in my witness statement?

They attempt to justify their "debt recovery costs" without any reference to the law, my WS mentions why these "debt recovery costs" are unlawful.

In response to my claims under the Equality Act 2010, they accuse me of "failing to provide any factual basis why he overstayed". This is surely a needless invasion of privacy and my evidence of disability should suffice. They also (deliberately?) misrepresent my Blue Badge evidence and say it doesn't mean I can't park for free. I never asked for this, I asked for a reasonable adjustment of time, using the BB as evidence of my protected characteristics. I paid 70p for an hour's parking.

They make NO mention ANYWHERE to the EA, despite me laying out their breaches under it. 


They include their own skeleton argument.

They're really focussing on the use of a "cut and paste template". 

They say CPR 3.4 should be used to strike out the part or all of my defence

They use CPR 32.14 to argue I've made a false statement. 

They rely on VCS vs Alred Charles Crutchley [2017] regarding "users positive obligation to familiarise themselves with T&Cs".

CRA 2015

They say S.62(4) and S.62 (5) and Britannia vs Semark-Jullien (APPEAL) should take a claimant's evidence into account before making a determination under this section

They say therefore that the Defendant must properly apply its arguments to the claim.

They use ParkingEye vs Somerfield to claim i'm seeking debt recovery costs (the irony) and will use para 419 to show this.

They use VCS vs Percy (currently unreported) to justify their own debt recovery costs. They say HHJ Saffman agrees here  recovering costs of stage 2 work where PCN was not paid is justified and they say this is not against CRA 2015. 

How can they use an unreported case if I don't have access to it and can't respond? Seems very unfair.

They say ive used Spurling v Bradshaw, Thornton v Shoe Lane and Vine v London Borough to say that i've attempted to summarise these cases without applying to the facts of this claim. 

In referring to costs, they say again for the 3rd time "the Claimant doubts the Defendant has spent much time at all on their Defence" and Dammermann v Lanyon Bowdler LLP (2017) "conduct cannot be described as unreasonable in relation to appeals in Small Claims (under CPR 27.14(2)(g))

They then say my defence amounts to unreasonable behaviour.

[Deleted User]

Umkomaas said:

It is submitted that the principal object of my counterclaim is to bring Premier Parking Solutions Limited to book

I'm not sure that's the reason to put forward.  Sounds a bit 'vigilante'. 

Ok, I appreciate this.

BUT they've refused to make a reasonable adjustment to me under the EA 2010 and my counterclaim is that they are directly discriminating against me and that their course of conduct is harassing and they have victimised me.

I will remove it if you still think so?