Advice re blue badge owner

Fruitcake

Ignore any and all comments about using a template defence. Some judges have been know to say, "so what" when presented with this.

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

That applies to them and the legal obligation for them to familiarise themselves with the requirements of the EA 2010.


"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."


The judge in the Semark-Julian case made no finding either way whether fake add on costs were or were not allowed. In contrast, the UK Government and the department for levelling up have stated that it is an attempt at extortion.


Please show us any parts of their WS you think might help us, especially the landowner contract. Redact personal data but only if if it is not already in the public domain. Please tell us if the claimant has redacted anything, especially any parts of the contract.

[Deleted User]

Fruitcake said:

Ignore any and all comments about using a template defence. Some judges have been know to say, "so what" when presented with this.

Please show us any parts of their WS you think might help us, especially the landowner contract. Redact personal data but only if if it is not already in the public domain. Please tell us if the claimant has redacted anything, especially any parts of the contract.

Ok, thank you @Fruitcake

Would this include ignoring about templates under "cross-examination". What about other "cross-examination"?  I'm particularly worried about this given my cognitive dysfunction

I have spent all morning finding, saving and adding photos of the their correspondance to my exhbit. I'll photograph, edit (remove personal info) and post their evidence of landowner contract when I've finished, hopefully today!

Thanks again. Its greatly appreciated.

Jenni_D

Their comments in their WS about use of templates are ... well ... template comments!

You're an unrepresented litigant in person (LiP). You have no knowledge or experience of the court process so you used the Internet for help. There is absolutely no problem with doing this, nor for using prior materials as a baseline for your own submissions. As referenced earlier, in at least one other court hearing where the claimant's legal has raised this point, the judge said "so what?"

[Deleted User]

Jenni_D said:

Their comments in their WS about use of templates are ... well ... template comments!

You're an unrepresented litigant in person (LiP). You have no knowledge or experience of the court process so you used the Internet for help. There is absolutely no problem with doing this, nor for using prior materials as a baseline for your own submissions. As referenced earlier, in at least one other court hearing where the claimant's legal has raised this point, the judge said "so what?"

I appreciate your reassurance and continued support Jenni. Thank you

Jenni_D

Have you made mention of your cognitive dysfunction anywhere? (Might be useful to do so to ensure that the judge is aware of this impairment).

Fruitcake

You could tell the court in advance, or bring it up at the beginning of the hearing as a preliminary matter before the claimant is given the chance to speak.

As long as you understand what you have put in your defence and your WS, there shouldn't be any problems. It's only when someone blindly copies and quotes something without actually understanding it that problems are likely to occur.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/79176761#Comment_79176761

[Deleted User]

Jenni_D said:

Have you made mention of your cognitive dysfunction anywhere? (Might be useful to do so to ensure that the judge is aware of this impairment).

Yes.

I've included documentary evidence of my disability and their effects including cognitive dysfunction

I've referred to this in defence of claims that my defence is a template (it isn't).

I'm claiming increased Litigant In Person costs due to this. Is this unreasonable? I'm at about 60 hours just doing my WS. I'm just going to claim for 60 hours, not the 200 or so in total I've put into this.

Coupon-mad

Great, and as I said, do the WS and append as exhibits, your medical/blue badge evidence and photo evidence in time for your WS/evidence deadline. The evidence that backs your story, as opposed to the legal authorities.

 In the WS and/or in the body of the covering email when you send it to BW and the court, mention that a skeleton argument and authorities bundle will follow to support your defence and the counterclaim.

Then separately send the skelly so the Judge sees it for what it is and not a major bombardment that might not even be sendable by email if all thrown at the court in one go!

[Deleted User]

Index

 

Content / Exhibit No.	Page number
Skeleton Argument	3 - 6
Witness Statement	7 - 26
XX-01 View of car park entrance (photo)	27
XX-02 No visible sign at the parking space I used (photo)	28
XX-03 No visible sign at payment machine (photo)	29
XX-04 Copy of my ‘Blue Badge’ (photo)	30
XX-05 Supporting letter confirming my ME/CFS diagnosis	31
XX-06 Copy of clinic note dated 19.12.19 confirming diagnoses	32
XX-07 Copy of clinic note dated 17.03.20 confirming ongoing hospital treatment	33
XX-08 Copy of clinic note dated 09.02.21 confirming ongoing hospital treatment	34
XX-09 Copy of clinic note dated 03.02.22 confirming ongoing hospital treatment	35
XX-10 IPC CoP 2019 version 7 schedule 1 – signage	36
XX-11 IPC CoP 2019 version 7 section 10 – disabled access	37
XX-12 IPC CoP 2019 version 7 section 13 – consideration and grace periods	38
XX-13 IPC CoP 2019 version 7 section 23 – authority to operate	39
XX-14 The Beavis case sign for comparison	40
XX-15 ParkingEye Limited v Beavis – Paragraphs 98, 100, 193, and 198	41 - 42
XX-16 Relevant communication between the Claimant and Defendant starting from 28/11/2019	43 - 106
XX-17 Defendants schedule of costs	107