[Help] Parking vultures court claim received

Umkomaas

GingerBeardOwner said:

Umkomaas said:

GingerBeardOwner said:

Umkomaas said:

I'm taking my peer/witness with me on the day. is there anything else i should add with them being sat beside me in the court room?

If they are there just for moral support no need to add anything. You do know that they will not be able to speak at the hearing, you won't be able to call on them to corroborate any points you are making.  The judge won't ask them questions.

I wasn't aware of that no. i've put them down on the court papers as a witness. 

Whats the point of being able to take one if they arnt able to speak etc?

Have they completed and signed a Witness Statement?  That is the only likely way of being invited by a Judge to speak. Even then, they still might not be invited. The Judge controls everything in his/her courtroom. 

No they haven't. The DQ questionnaire asked if any witnesses would be attending to which I said yes. 

That is largely for logistical reasons - will the room being used for the hearing be large enough. In small claims court cases, it's often the Judge's room that is used, usually only holding a few people, so the court needs to make sure there's sufficient space. If the case is held in the main courtroom (don't read anything into that, if, when you get there, you are taken into the main room), then in many respects the question is somewhat academic.

Coupon-mad

Simply get the other person to also sign and date a WS and send it with yours!

They are then a witness and can speak.

GingerBeardOwner

Rough Work in progress.

After reading through it i don't believe paragraphs 23-24 are relevant to my case?

Exhibits XX-12 to XX-17 are from the original posters WS. Am i to leave all those in?
I have no other photos to prove if their signs were good or not. 

I understand i still need to do some renumbering and fillign in the index page numbers. 

Thanks again to everyone for the help. 

https://drive.google.com/file/d/1Jl7hNg2cs4sixg-7RY-t1aivjZj6ZbNx/view?usp=sharing

Coupon-mad

You need your own photos from the time - usually easily obtained by changing the date on Google Streeview.

GingerBeardOwner

Coupon-mad said:

You need your own photos from the time - usually easily obtained by changing the date on Google Streeview.

Pages 12-16 are my evidence images. Car park images from street view. Redacted info from Premier parks POPLA response, a computer screen shot from the SAR and the article you pointed me towards yesterday.  

Coupon-mad

OK, so you obviously need to adapt those exhibits to suit.  Your own costs assessment might not be the same.

And certainly the old 2015 BPA CoP doesn't apply to a 2019 event because the Code is updated every couple of years.  Google the BPA code.  They are all linked in the BPA website.

GingerBeardOwner

Coupon-mad said:

OK, so you obviously need to adapt those exhibits to suit.  Your own costs assessment might not be the same.

And certainly the old 2015 BPA CoP doesn't apply to a 2019 event because the Code is updated every couple of years.  Google the BPA code.  They are all linked in the BPA website.

Ive mentioned those exhibits in my WS and noted the exhibit number for each in the relivant paragraphs. 

Ive estimated 20 hours, its probably more as im terrible at stuff like this, its more like 40 over the years this has been going on, i just think over 800 is a lot for a judge to award when they seem to not award £95 a lot of the time from what ive read on here. 

Ill update the BPA shortly.

I need to have this submitted for friday.

Thanks again for your help. 

GingerBeardOwner

paras 3 and 4 mention my 2 google street view exhibits 

ive added paras 15 and 16 including exhibits 07 and 08 BPA membership and current major keying error t&c from current BPA COP

Latest version here https://drive.google.com/file/d/17BbyRZRNtB95LYdeM_BQwt_Z36yfRMG3/view?usp=sharing

Coupon-mad

I'd get rid of the exhibit showing they offered to settle at £30.  It negates your point about the later BPA CoP (the 2020 CoP isn't relevant to your case anyway).

I don't think it makes sense to say 'they should have settled at £20' (no, that clause wasn't in the Code in 2019) then to show the Judge that they did offer to settle at £30. I wouldn't even refer to that and certainly not exhibit that they made that offer.

GingerBeardOwner

Coupon-mad said:

I'd get rid of the exhibit showing they offered to settle at £30.  It negates your point about the later BPA CoP (the 2020 CoP isn't relevant to your case anyway).

I don't think it makes sense to say 'they should have settled at £20' (no, that clause wasn't in the Code in 2019) then to show the Judge that they did offer to settle at £30. I wouldn't even refer to that and certainly not exhibit that they made that offer.

Ok, ive removed that part and exhibit. 

Exhibit 15 and page 17 onwards are from the original template. 

I still need to do my witnesses WS.

Another changes you would suggest for mine? https://drive.google.com/file/d/1eqMGFVbJaaGhY82HAo2wZHXn7FJ-zyyl/view?usp=sharing