DCBL - Letter of Claim - Defence to be filed

D_P_Dance

He is better than Genoa. but not as fruity as Dundee

Maybelle

Fruitcake said:

With regards to the redacted landowner contract, have a look at this thread by Johnersh where he refers to an appeal court case in which the judge stated that redactions in disclosure are generally unacceptable.

Quote the case, case number, the judge's name, and thee judge's findings. Note that this was an appeal court case and is therefore persuasive on the lower courts.

Whilst it might be acceptable to redact for example how much the PPC is being paid, or is paying the landowner because it could be considered as being commercially sensitive, redacting anything else would be unreasonable.
It is reasonable to think that the average person (the man on the Clapham omnibus) would believe unnecessary redactions were a deliberate attempt to hide clauses that would favour the motorist. You should aver that this is the case and put the claimant to proof that the contrary is true.

Redactions in Disclosure — MoneySavingExpert Forum

I have sent you a private message about the contract. I'm sure the other regulars will vouch for me.

Thanks Fruitcake! I had included this in my WS already - now comes the fun part of putting all the exhibits together.  Obviously I have all the exhibits from my personal evidence but just need to collate the law evidence. Don’t suppose there is a drop box  with the different scans?- I checked the sticky but couldn’t find anything. I know im being cheeky but it would save me having to scour online for these!

Does anybody have a suggestion on how to send it all together as I am worried it won’t fit in a single email attachment. I read that some people have been advised to send it separately (ie send the witness statement and then reply to the email with the witness statement with the exhibit 

Coupon-mad

There is no Dropbox with all the transcript scans as each case is different and may not need the same ones.  For example, someone counterclaiming for data abuse only, doesn't need Ferguson v British Gas or VCS v Ferguson about harassment of the wrong person, but you do.

Once you have them all and know what Exhibit number each one has in your WS narrative, arrange the transcripts with a blank page in between each one with 'Exhibit yourinitials 1' then 'Exhibit yourinitials 2' etc. And upload each PDF and divider page into a free online PDF merger, then merge them into one PDF.

The above is quicker and easier than you think.  If I can do it then anyone can! 

VCS v Ferguson is in this forum somewhere and really useful for 'harassing the wrong person' cases as he won hands down and it shows the Judge's reasoning for granting, I think(?) £1500 plus costs to the Defendant and Part 20 counterclaimant.

Include in your costs assessment what you do for a living and how this has messed with your free time and your peace of mind, hence why you wish to claim for your time at £19 per hour as per CPR 46.  State in what ways the Claimant's conduct has been 'wholly unreasonable' as you don't get a sniff at those costs unless you paint that picture in glorious technicolour with bells on!

Fruitcake

Maybelle said:

Fruitcake said:

With regards to the redacted landowner contract, have a look at this thread by Johnersh where he refers to an appeal court case in which the judge stated that redactions in disclosure are generally unacceptable.

Quote the case, case number, the judge's name, and thee judge's findings. Note that this was an appeal court case and is therefore persuasive on the lower courts.

Whilst it might be acceptable to redact for example how much the PPC is being paid, or is paying the landowner because it could be considered as being commercially sensitive, redacting anything else would be unreasonable.
It is reasonable to think that the average person (the man on the Clapham omnibus) would believe unnecessary redactions were a deliberate attempt to hide clauses that would favour the motorist. You should aver that this is the case and put the claimant to proof that the contrary is true.

Redactions in Disclosure — MoneySavingExpert Forum

I have sent you a private message about the contract. I'm sure the other regulars will vouch for me.

Thanks Fruitcake! I had included this in my WS already -

My apologies, I was concentrating on having a look at the contract and missed your mention of the Hancock vs Promontoria case.

Maybelle

Coupon-mad said:

There is no Dropbox with all the transcript scans as each case is different and may not need the same ones.  For example, someone counterclaiming for data abuse only, doesn't need Ferguson v British Gas or VCS v Ferguson about harassment of the wrong person, but you do.

Once you have them all and know what Exhibit number each one has in your WS narrative, arrange the transcripts with a blank page in between each one with 'Exhibit yourinitials 1' then 'Exhibit yourinitials 2' etc. And upload each PDF and divider page into a free online PDF merger, then merge them into one PDF.

The above is quicker and easier than you think.  If I can do it then anyone can! 

VCS v Ferguson is in this forum somewhere and really useful for 'harassing the wrong person' cases as he won hands down and it shows the Judge's reasoning for granting, I think(?) £1500 plus costs to the Defendant and Part 20 counterclaimant.

Include in your costs assessment what you do for a living and how this has messed with your free time and your peace of mind, hence why you wish to claim for your time at £19 per hour as per CPR 46.  State in what ways the Claimant's conduct has been 'wholly unreasonable' as you don't get a sniff at those costs unless you paint that picture in glorious technicolour with bells on!

Thanks! Do you know where I can find a non redacted judgement of vcs v Ferguson. I think I’ve got everything almost now! 

Coupon-mad

Which version did you find?

Maybelle

The one bargepole shared in July? I can’t link posts on the mobile site but it’s the redacted version. I saw the transcript but not the judgement. 

Also I was told when I called the court that I could send the witness statement up to 7 days before the hearing? My letter I received said something different???

Coupon-mad

Re deadlines, you MUST go by what written directions say and NOT what some court clerk said on the phone.

The redacted transcript is exactly what you want for VCS v Ferguson.

Maybelle

Thank you @Coupon-mad

I have received their witness statement and they’re claiming I selected I was the driver when appealing! I saw this when I was reviewing the documents from the SAR and it was one of my points. I questioned how I could have selected I was the driver when the appeal was via email and stated that even if I play devils advocate and say I selected that then the fact I told them I wasn’t the driver on multiple occasions after should have stopped them right? 

That’s a fair point right??


 

Coupon-mad

Yes if you appealed by email.  Or did you appeal using an online appeals page, as that would have asked that question.