ParkingEye/Hospital Carpark - County Court Claim defence

Le_Kirk

In your point 4, you mention parking at the other end of the "Trust"  did you mean car park?  You can chop all that about POLA I suspect as a judge won't want to know about it as POPLA decisions are not binding on the motorist.  You seem to have a lot about the signage which is repetitive and most of it can be held back for the Witness Statement, so long as you have mention "inadequate signage" you can then expand upon it in your WS that is "in support of your defence"

Eric9

Hi Le_Kirk.  
Thanks for looking at my Defence.  I will try and get rid of all repetition.  There are 2 car parks at MRI, one is Grafton St where I parked, the other is Hathersage Rd which I have regularly used.  These car parks are at either end of MRI.  With the POPLA decision, I put this in because it's more about ParkingEye submitting old evidence and PE not knowing signage is installed incorrectly.  Its more about PE's failings which affected POPLA's decision, rather than it being about POPLA decision itself.  Hope this makes sense.  

Coupon-mad

Save that till WS stage, as a piece of evidence.

Redx

Eric9 said:

Hello
I've done another draft of my Defence and I'm really hoping this is now looking like it's getting there.  It's still long - down to 6 pages but I'd be happy for parts to be chopped out.  It's now based on many variations of other people's Defences so I'm hoping it's OK.  I'd really appreciate some advice and guidance.  Thanks for your time everyone. 

now on my PC and downloaded that PDF

its more like a WS with all the background info

condense the background info so that a skim read tells the judge about the basics, not about what you normally do etc

state that the signage wasnt clear or followed the BPA CoP , ditto about the machines being OOO or faulty

use all that background info you posted in the long WS and add Exhibits with reference numbers

save all the POPLA guff for the WS too

the jackanory background story is for your WS , this defence is your legal framework with bullet points , concise and to the point , you expand on those points in your WS + your Exhibits

this is not the time to tell the story about parking in your normal car park or popla or other background info

by all means construct a one liner per point to open the door to the WS in a few months time , same as Le Kirk and CM said above, that is all for the WS, as the full version of any one liner

save all your findings and exhibits for the WS + Exhibits + Summary costs schedule in a few months time , for your local court

Eric9

Thanks Redx for your info above about my Defence which I've been working on this evening.  I've been right through the document highlighting the paras which are standard in other Defences to cover my circumstances and the paras left I've put together in a skeletal way and got rid of repetition.  I'll finish it tomorrow and perhaps put in a few bullet points, then post it.  Thanks for all your help.

Eric9

Hello Everyone
I've found a different version of the keypad defence which I've adapted and have put the NHS parts in as well.  Would be really grateful if someone could look over this for me and advise if it's OK or if it needs amending.

With many thanks for everyone's time in helping me with this.

Coupon-mad

I like that, even though it's long!

I saw a typo (missing word):

'and as he has autism...'

And change the word 'patron' (I saw it twice) to 'visitor' because patron makes no sense for a hospital.

Finally, every paragraph needs a number. Remove all the hyphens and replace with sequential, simple numbers.

1505grandad

"14. Even if the Claimant is able to provide such a landowner contract, it is (averned) that there............." 

should that be (averred)?

Coupon-mad

Yes, averred.

1505grandad

"The MFT “Contract” was deficient when compared to the PE / NHS Template Contract"

Also would the Judge be aware of what "The MFT Contract" is  -  might be helpful to put the abreviations in full.