Court Claim received, need a little reassurance that I'm in the right direction

robertcox999

Coupon-mad said:

Super witness statement - my only question is, how will supply your video 'by durable medium' to the court and claimant (not a link)?

I was thinking of attaching it to an email to the court and sending the rest by post. Would that work? Alternatively, I could send it all by email as a pdf bundle and a separate video. Otherwise, no video I guess...the photos do a decent job of showing what I want to show in the video.

Coupon-mad said:

I am going to link the above post and attachments by @robertcox999 to the NEWBIES thread as an example of how to write a WS and costs assessment.  This one has all the things needed and also shows how to draw the Judge's attention to shenanigans in the Claimant's WS and evidence.

Yeah, go ahead! Glad to hear it's good.

henrik777 said:

Your witness statement should say WHEN you took photos etc

Ok, I'll include that and timestamp my photos. I'll update my previous post when I've done that too.


Thanks folks!

Coupon-mad

Email a link with your bundle (everything) and post a hard copy of everything with a USB stick with the video on, firmly attached.

Umkomaas

You'll need to sort out your formatting because font type and size changes dramatically from para 17 through to 26, then reverts to the original font and size for your Statement of Truth. 

Redx

you cannot email a video, it will likely be too big and as henrik says there has to be a way of playing it in court too

durable medium is usb stick (ideally) or dvdr , bearing in mind you need ways to show them in court, such as a suitable laptop or whatever, plus one copy to the claimant and one copy to the court (personally I would burn the dvdr and add to usb sticks , to have both available , I would post one bundle to the claimant with one of each inside, ditto with the court too)

so no links , no youtube videos , no emails containing a video attachment either

after sorting out the typos etc , think carefully about this video aspect (I remember my lad taking a video camera to court once and they had a tv he could connect it to with yellow , red and white phono connectors) - nowadays it would be a tablet or a laptop or similar

robertcox999

Just to clarify, should I be appending full cases where I have put in website links?

For example, in my para 19 -        The Judge at Sailsbury correctly identified as an aside, that costs were not added in the Beavis case.  That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield (ref para 419):  https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html
''It seems to me that, in the present case, it would be difficult for ParkingEye ... etc

Should I be replacing all of these instances with the cases as appendices? I'm unsure when an in text quote of a paragraph suffices on its own or when it needs the case appended.

Thanks

Coupon-mad

Not for Beavis nor Somerfield, as they are available on bailii so the Judge can use the link or look them up.  

robertcox999

1505grandad said:

A heads up:-

"6. After finding a suitable place to park, I endeavoured to fully understand the terms and conditions signage around the car park as I was highly aware of how purposely deceiving private parking terms can be."

However - and I am not sure if it matters -  in your D you mention staying in car for telephone call:-

"17. After finding a parking place, the Defendant initially stayed inside their car on arrival to the 

Claimant’s car park to answer a phone call. The car was not vacated at this stage."

Just a couple more observations which are even more pedantic:-

Para 16  -  "In the recent Court of Appeal case of Hancock v Promontoria (Chesnut) Limited [2020] EWCA Civ 907 the Court of Appeal"

it is (Chestnut)  -  contains a "t"

Para 19  -  "19. The Judge at (Sailsbury) correctly identified as an aside................."

(Salisbury)

Very good point about the defence, I forgot about the phone call. And very keen eye for detail there! I appreciate it.

robertcox999

Umkomaas said:

You'll need to sort out your formatting because font type and size changes dramatically from para 17 through to 26, then reverts to the original font and size for your Statement of Truth. 

Funny, when I look on word there was only a tiny size change... must be a word version thing. Thanks for pointing it out.


Anyway, I've edited everything from the previous posts and reformatted and attached to my original post as a pdf to avoid formatting issues.

robertcox999

Coupon-mad said:

Email a link with your bundle (everything) and post a hard copy of everything with a USB stick with the video on, firmly attached.

Redx said:

you cannot email a video, it will likely be too big and as henrik says there has to be a way of playing it in court too

durable medium is usb stick (ideally) or dvdr , bearing in mind you need ways to show them in court, such as a suitable laptop or whatever, plus one copy to the claimant and one copy to the court (personally I would burn the dvdr and add to usb sticks , to have both available , I would post one bundle to the claimant with one of each inside, ditto with the court too)

so no links , no youtube videos , no emails containing a video attachment either

after sorting out the typos etc , think carefully about this video aspect (I remember my lad taking a video camera to court once and they had a tv he could connect it to with yellow , red and white phono connectors) - nowadays it would be a tablet or a laptop or similar

This is a telephone hearing, so I won't be attending in the actual court. I'll email the court to ask how they could accommodate for this.

Coupon-mad

A great team effort.  Hope it works for you - at least in the odd case which isn't successful there is always enough there to tell the Judge that the added £60 is false.  But you have a good case.

I am going to add this post to the NEWBIES thread as a current good example of a WS and Costs Assessment:

https://forums.moneysavingexpert.com/discussion/comment/77611585/#Comment_77611585

Once you have done your submissions of the WS & costs to court and claimant's solicitor, can you please do this (below) urgently!

AND - get ANGRY and GET EVEN about this scam!   Please now make a real difference:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.   And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.