Court Claim Defence Guidance - UK Parking Control Ltd

Coupon-mad

RS2002 said:

Coupon-mad said:

Good point.  No copying every detail verbatim!

Understood!  Having quickly scanned @wobs2k witness statement, I feel that large portions of it aren't specific or relevant to my particular case and could probably be removed entirely? To save you re-reading my thread, my case is simply based upon not displaying a parking permit and me defending that it wasn't made clear that a permit was required.

I'm trying to avoid relying on too much information in my WS that I don't fully understand the basis or relevance of, should I be questioned on it in the hearing. I was hoping to keep it simple and to the point, so I can have confidence at the hearing if I need to explain or expand on anything i'm relying on. 

You are well advised to KEEP the second half of wobs2k's WS about the false added costs and no landowner authority. I am sure you do understand it if you read it carefully.

Never rely on just the story of what happened.  Signage is certainly your main point at the start (usually makes all the difference because if signs and terms are not 'prominent' or fair,  then they are unenforceable - see the CRA 2015) but you want the Judge to also know that you've seen no evidence of authority flowing from the actual landowner, and that the DLUHC has banned added fake DRA costs and why that news matters, even in existing cases.

You also need exhibits and that's why we are showing you wobs2k's version.

RS2002

Coupon-mad said:

RS2002 said:

Coupon-mad said:

Good point.  No copying every detail verbatim!

Understood!  Having quickly scanned @wobs2k witness statement, I feel that large portions of it aren't specific or relevant to my particular case and could probably be removed entirely? To save you re-reading my thread, my case is simply based upon not displaying a parking permit and me defending that it wasn't made clear that a permit was required.

I'm trying to avoid relying on too much information in my WS that I don't fully understand the basis or relevance of, should I be questioned on it in the hearing. I was hoping to keep it simple and to the point, so I can have confidence at the hearing if I need to explain or expand on anything i'm relying on. 

You are well advised to KEEP the second half of wobs2k's WS about the false added costs and no landowner authority. I am sure you do understand it if you read it carefully.

Never rely on just the story of what happened.  Signage is certainly your main point at the start (usually makes all the difference because if signs and terms are not 'prominent' or fair,  then they are unenforceable - see the CRA 2015) but you want the Judge to also know that you've seen no evidence of authority flowing from the actual landowner, and that the DLUHC has banned added fake DRA costs and why that news matters, even in existing cases.

You also need exhibits and that's why we are showing you wobs2k's version.

Thanks again for the advice, i'll have another read of their WS to ensure I fully understand the points being made. Where sections of the CRA and POFA are referred to, would you advise printing this off and having them to hand in the hearing so I can refer to them should I be questioned on them?

Umkomaas

Where sections of the CRA and POFA are referred to, would you advise printing this off and having them to hand in the hearing so I can refer to them should I be questioned on them?

I'd place the relevant sections/paras of them as exhibits/evidence with your WS.  You might also want to place links to the respective websites. For PoFA, you're only looking at Schedule 4, not the entire Act which covers so many other diverse and irrelevant (to private parking) issues. 

RS2002

Umkomaas said:

Where sections of the CRA and POFA are referred to, would you advise printing this off and having them to hand in the hearing so I can refer to them should I be questioned on them?

I'd place the relevant sections/paras of them as exhibits/evidence with your WS.  You might also want to place links to the respective websites. For PoFA, you're only looking at Schedule 4, not the entire Act which covers so many other diverse and irrelevant (to private parking) issues. 

Brilliant, thanks for clarifying. I'll include snippets of the relevant sections as exhibits then in that case 

patient_dream

And, do not forget that government has banned the fake charges

We await with baited breath to hear what excuses these legals make in front of a judge as to why they have addedd fake charges

As THESE LEGALS STILL INSIST on signing a statement of truth, the time will come when a judge will question them on this and make a ruling which will be far reaching.

It's not just the legals who read this forum ... judges do as well.  
The legals have pointed judges to this forum with their wild claims of "copy and paste" ??

RS2002

I had noticed that the latest WS template which i've been advised to use, doesn't include anything regarding claiming any costs back at the end? Is it wise to add the section in from the WS template that's on the Newbies Guide? Thanks 

Coupon-mad

You could look instead at ricky_balboa's one, which probably did include a costs schedule.

RS2002

Coupon-mad said:

You could look instead at ricky_balboa's one, which probably did include a costs schedule.

Thanks for the response. I actually managed to adapt the one from the WS on the newbies thread, so i've added it to the end of my WS. 

RS2002

Is anyone able to help with a link to the Excel Parking vs Wilkinson Judgement/Transcript at all? I need to use it as an exhibit in my WS, but can't seem to find it online anywhere. I have tried Parking Prankster's case law section, but couldn't see it there either? Thank you!

RS2002

RS2002 said:

Is anyone able to help with a link to the Excel Parking vs Wilkinson Judgement/Transcript at all? I need to use it as an exhibit in my WS, but can't seem to find it online anywhere. I have tried Parking Prankster's case law section, but couldn't see it there either? Thank you!

I have managed to find an older thread on this forum where someone posted a Drop Box link to the transcript. 

Is simply offering the link to the document acceptable as an exhibit, rather than having the entire transcript in my WS?

Thanks again and apologies for bombarding with questions.