Varley Park University of Brighton - County Court Claim

basher52

Coupon-mad wrote: »

You just need to read CEC16's thread to see how the CRA was used and can be used! It is REALLY important to read that thread. I can help you in court if I am free that day, but is it worth a Defendant knowing what's what about their own defence of course.

A NTK that follows a windscreen PCN does not have to offer a discount, so was this a NTK that followed a windscreen PCN?

What date was the parking event (month and year)?

I have checked PoFA 2012 again and in 7.2.d it suggests that the keeper is informed of any discount. Does this mean that offering a discount is open to the creditor. Had this represented a failure to transfer the responsibility, my case would have been more straightforward. More stress.
This is an important aspect of my case as the remaining parts of my defence are open to the judge. such as the amount.

How can I check id OPS have landowner authority to pursue these claims or is this for them to prove.

basher52

basher52 wrote: »

Yes, the PCN's placed on the windscreen on 15/10/18, 23/10/18, 5/12/18 and 6/12/18. NTK's to keeper were issued 15/11/18, 23/11/18, 7/01/19 and 8/1/19. PoFA 9g seems to suggest that the discount should have been in the letter to keeper.

Not 9g its 7.2.d.

OPS are not in Varley Park and may have lost other contracts in Brighton.

Cannot find CE16's thread

Redx

You need to pay more attention , not just copy and paste

That thread you need to read is by member CEC16 , not CE16

Put their name into the advanced Search box , correctly , search for posts and their thread will show in the results , read it , especially read how coupon mad used those parts of the CRA against a barrister and OPS

POFA and the CRA are laws , with relevant sections

I don't think the discount offer will matter due to you ignoring all the PCN,s anyway

I also think that if you complain too much in court about it , the judge would reply to say you should have appealed and gone to popla , 4 times , not be in court and expecting him or her to referee it , so be careful what you wish for , because it's likely that both sides made mistakes , so be careful about the moral high ground

I may have misled you on the discount etc , it was news to me too

But I did say that the devil is in the detail

Personally I don't think it's important to the case , because I already told you that the law named POFA is what may make you liable , if the PPC had a valid contract

As to who does what , the claimant has the onerous task of proving their claim in court , be it contract , signage , the law , whatever , it's their job to prove it to a judge

If you have read the newbies thread , and the timeline by Bargepole , you would know that the evidence is presented at WS plus Exhibits plus costs schedule stage , nearer the hearing date

We are now on 114 posts and the defence isn't even in yet , so it's the first 10 minutes of the game and you are asking if the pies will arrive before the end of the second half and if the centre forward will chuck their shirt into the crowd if they win

Concentrate on the tasks being given , thoroughly read replies and remember the details , attach relevancy and importance numbers to each item , plus learn from previous court cases like the recent CEC16 win because of the relevance and same PPC and what coupon mad introduced and used in Court

It's tedious having to remind you of details in you own thread , or items you have posted , or KeithP posted etc

basher52

Redx wrote: »

You need to pay more attention , not just copy and paste

That thread you need to read is by member CEC16 , not CE16

Put their name into the advanced Search box , correctly , search for posts and their thread will show in the results , read it , especially read how coupon mad used those parts of the CRA against a barrister and OPS

POFA and the CRA are laws , with relevant sections

I don't think the discount offer will matter due to you ignoring all the PCN,s anyway

I also think that if you complain too much in court about it , the judge would reply to say you should have appealed and gone to popla , 4 times , not be in court and expecting him or her to referee it , so be careful what you wish for , because it's likely that both sides made mistakes , so be careful about the moral high ground

I may have misled you on the discount etc , it was news to me too

But I did say that the devil is in the detail

Personally I don't think it's important to the case , because I already told you that the law named POFA is what may make you liable , if the PPC had a valid contract

As to who does what , the claimant has the onerous task of proving their claim in court , be it contract , signage , the law , whatever , it's their job to prove it to a judge

If you have read the newbies thread , and the timeline by Bargepole , you would know that the evidence is presented at WS plus Exhibits plus costs schedule stage , nearer the hearing date

We are now on 114 posts and the defence isn't even in yet , so it's the first 10 minutes of the game and you are asking if the pies will arrive before the end of the second half and if the centre forward will chuck their shirt into the crowd if they win

Concentrate on the tasks being given , thoroughly read replies and remember the details , attach relevancy and importance numbers to each item , plus learn from previous court cases like the recent CEC16 win because of the relevance and same PPC and what coupon mad introduced and used in Court

It's tedious having to remind you of details in you own thread , or items you have posted , or KeithP posted etc

It must be tedious and I understand that. I have assumed that the template was sufficient at this stage. As previously stated this is very difficult and such a lot to absorb in a short space of time and with almost no previous experience in these matters. Very sorry.
Again, sorry for ignorance, with my defence statement that I am working on now, should I attach previous examples of where the law has been used / applied?

Redx

No , keep the defence as short as possible , introduce the info that you will rely on and expand on later

The time for expansion , examples , submissions etc is that evidence plus WS stage mentioned earlier

No evidence is submitted with the defence , no exhibits , no long CRA stuff or POFA arguments , no links , no documents , just the defence with legal points , no attachments whatsoever

Don't get ahead of yourself

It's like saying , here is the teamsheet for the game , but they haven't kicked off yet

I will provide commentary , background analysis and statistics and a summary of the game in the second half just before the final result , with a few VAR replays in the latter stages of the second half , along with further details and statistics of the players on that teamsheet

basher52

Redx wrote: »

You need to pay more attention , not just copy and paste

That thread you need to read is by member CEC16 , not CE16

Put their name into the advanced Search box , correctly , search for posts and their thread will show in the results , read it , especially read how coupon mad used those parts of the CRA against a barrister and OPS

POFA and the CRA are laws , with relevant sections

I don't think the discount offer will matter due to you ignoring all the PCN,s anyway

I also think that if you complain too much in court about it , the judge would reply to say you should have appealed and gone to popla , 4 times , not be in court and expecting him or her to referee it , so be careful what you wish for , because it's likely that both sides made mistakes , so be careful about the moral high ground

I may have misled you on the discount etc , it was news to me too

But I did say that the devil is in the detail

Personally I don't think it's important to the case , because I already told you that the law named POFA is what may make you liable , if the PPC had a valid contract

As to who does what , the claimant has the onerous task of proving their claim in court , be it contract , signage , the law , whatever , it's their job to prove it to a judge

If you have read the newbies thread , and the timeline by Bargepole , you would know that the evidence is presented at WS plus Exhibits plus costs schedule stage , nearer the hearing date

We are now on 114 posts and the defence isn't even in yet , so it's the first 10 minutes of the game and you are asking if the pies will arrive before the end of the second half and if the centre forward will chuck their shirt into the crowd if they win

Concentrate on the tasks being given , thoroughly read replies and remember the details , attach relevancy and importance numbers to each item , plus learn from previous court cases like the recent CEC16 win because of the relevance and same PPC and what coupon mad introduced and used in Court

It's tedious having to remind you of details in you own thread , or items you have posted , or KeithP posted etc

Still unable to find CEC16, would you be able to narrow down the thread, please

Le_Kirk

basher52 wrote: »

Yes, I am guilty of cutting and pasting C-M's template.

Nothing wrong with cut & paste providing you read, learn and understand what you have C&P'ed (Is that a word?)

For CEC16 thread, use search this forum advanced search and put CEC16 in the user name field change the radio button from threads to posts and hit search now.

basher52

Redx wrote: »

No , keep the defence as short as possible , introduce the info that you will rely on and expand on later

The time for expansion , examples , submissions etc is that evidence plus WS stage mentioned earlier

No evidence is submitted with the defence , no exhibits , no long CRA stuff or POFA arguments , no links , no documents , just the defence with legal points , no attachments whatsoever

Don't get ahead of yourself

It's like saying , here is the teamsheet for the game , but they haven't kicked off yet

I will provide commentary , background analysis and statistics and a summary of the game in the second half just before the final result , with a few VAR replays in the latter stages of the second half , along with further details and statistics of the players on that teamsheet

My mistake, I have read the C-M covering the SthH case of CEC16, just never married the two together. Apologies. Clearly an overload of information situation.

Redx

basher52 wrote: »

My mistake, I have read the C-M covering the SthH case of CEC16, just never married the two together. Apologies. Clearly an overload of information situation.

Fair enough , well I am sure that you get it now

If or when you win this one , we will refer people to the thread by basher52 , to save repeating ourselves like it's groundhog Day, especially because I don't believe there would be anything that isn't already covered , dissected and replied to

But we would endeavour to write basher52 , not basher52 , or Basher52 , you are unique like Reds , not rec'd or reds or countless other misnomers I see on here

basher52

Redx wrote: »

Fair enough , well I am sure that you get it now

If or when you win this one , we will refer people to the thread by basher52 , to save repeating ourselves like it's groundhog Day, especially because I don't believe there would be anything that isn't already covered , dissected and replied to

But we would endeavour to write basher52 , not basher52 , or Basher52 , you are unique like Reds , not rec'd or reds or countless other misnomers I see on here

Sadly what I read and then write have been an issue for a long time. Partly dealt with.