Premier Park/BW Legal defence details

nosferatu1001

Indeed, youve been silent for 9 months
Have you filed your WS and evidnce, as you were lmost certainly ordered to do? What did your court Orders say?

bmw30csl

I filed my defence and received their witness statement in response to that but have no record of a witness statement being sought from me but I may have missed this. I will contact the court now. 

Coupon-mad

OMG it sounds like you failed to comply with the Hearing Order to send your & evidence not later than 14 days before.  Hope we are wrong.  This is NOT what the NEWBIES thread tells people to do, never go 'off piste' for months then pop back here 2 days before the hearing.

I guess the other side has sent you their WS & evidence but you haven't complied with the order to do that?  It IS in the Order. 

Cases can still be won...but without evidence, you are relying upon a template defence and nothing else.  All I can say is, best of luck, and tell us what happens please.

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

nosferatu1001

ALmost 100% certain that you have missed it. You knew it was coming, because in Jan you were pointed at the newbies thread...

bmw30csl

Yes I must have missed it - oh well - will report back how I get on. Thanks Coupon Mad finger crossed! 

Redx

Dearie me !!

I can never understand how people can just sit on their hands for months on end , not read every word on a court order and then expect a miracle at the last minute from strangers

Coupon-mad

We must assume you have at least gone through their 'evidence' and written yourself a crib sheet to expose the holes in it?

Nothing to stop you emailing the court and the solicitor whatever evidence you have, with a 'skeleton argument' tomorrow morning.  There is no deadline on a skeleton argument (it is just a document headed up 'skeleton argument' which gives the legal points you want to rebut, such as the Semark-Jullien case that they will have misstated to the Judge. 

Fully covered in the example WS in the NEWBIES thread*.  You could attach your evidence to it and hope the Judge takes pity on you and allows it into evidence on the day.  You do appear to be a lamb to the slaughter but some Judges are good and spot the scam.

BUT I AM NOT TELLING YOU TO DO A WITNESS STATEMENT - YOU ARE LIKELY TOO LATE.  I AM JUST TELLING YOU HOW TO ARGUE THAT THE 'APPEAL CASE' IN SALISBURY IS NOT AUTHORITY THAT £60 CAN BE ADDED.

bmw30csl

Thanks Coupon Mad - yes I have gone through their WS and highlighted the bits I have issue with plus the car was parked where they admit to a lack of signage in their exhibit. On the £60 charge they point to BPA code of practice allowing up to £70 then bang on about ParkingEye vs Beavis. They do reference this forum! 

Coupon-mad

That's all fine.  Now head a document up SKELETON ARGUMENT and go and read the stuff about the Semark-Jullien case and grab para 419 from ParkingEye v Somerfield (High Court) because if this goes badly you MUST be able to explain why the PPC cannot legally add £60.

All of that is in the example WS in the NEWBIES thread and you might want to read the entire thread by @robertcox999 to understand that even with a decent WS and evidence, a bad Judge can mean people lose.  He did nothing wrong but lost today, even though I am holding up his WS arguments as a great example (that you can convert into a 'skeleton argument' to shoe-horn your evidence in by email tomorrow morning).

Don't delay it longer. 

And DON'T call your late document a 'witness statement' and DON'T sign/date it (a skelly is not a statement).

Oh, and attach your defence to the email as well, in case the Judge doesn't even have that, if working from home.