Defence advice needed - Premier Park Limited & BW Legal

Le_Kirk

In your defence, which you presumably submitted some time ago, you do not seem to mention erm, well, your defence!  What was the claimant's claim and what was/is your defence?  Your witness statement seems to labour heavily on signage but I did not find it in the defence.  You also refer to updating your driving licence and then realising that you had to later update the paper counterpart whereas what you should be referring to is the V5C for the car as this is where the PPCs get the keeper details from.

Montarivo

Le_Kirk said:

In your defence, which you presumably submitted some time ago, you do not seem to mention erm, well, your defence!  What was the claimant's claim and what was/is your defence?  Your witness statement seems to labour heavily on signage but I did not find it in the defence.  You also refer to updating your driving licence and then realising that you had to later update the paper counterpart whereas what you should be referring to is the V5C for the car as this is where the PPCs get the keeper details from.

My defence was the usual template defence which argues double recovery attempted by the claimant, and also I argued that I did not see any signs due to their poor placement, size, lighting etc. with the car park being operated in the hours of darkness.

As for the V5C / paper counterpart, would it be possible for me to ammend this and send a revised version to the court? Or shall I just mention this at the hearing?

Thanks

Montarivo

1505grandad said:

Not sure what is going on but:-

Defence claimant:-

HX Car Park Management LIMITED

Witness claimant:-

PREMIER PARK LIMITED

My mistake, I somehow managed to upload an example defence I got from this forum, instead of my own! I am sorry for this...I'm not sure how I managed that.

I have now updated the link to show MY defence, redacted. Hence the confusion as well for @Le_Kirk

See here as well:
https://drive.google.com/file/d/1bPYQy_aAVfLtOTFGjmVwQwhlwK7kudNK/view?usp=sharing

Le_Kirk

You cannot amend a defence, if that is what you are asking, without it costing a fair amount of dosh BUT you can put it in your witness statement if you write it carefully and do not introduce NEW legal arguments.

Montarivo

Le_Kirk said:

You cannot amend a defence, if that is what you are asking, without it costing a fair amount of dosh BUT you can put it in your witness statement if you write it carefully and do not introduce NEW legal arguments.

I have already submitted my WS and so really all I wanted from this thread was some feedback on the content of my WS, specifically your opinion of whether the template "double recovery" arguments in my WS make sense for my situation. 

In regards to your previous post about the paper counter-part actually being called the V5C, I will address this at the hearing and I don't expect this should cause much of an issue, as it is only mentioned to explain the delay in correspondence from myself, and has no impact on the actual defence arguments against the claim.

Le_Kirk

Montarivo said:

Le_Kirk said:

You cannot amend a defence, if that is what you are asking, without it costing a fair amount of dosh BUT you can put it in your witness statement if you write it carefully and do not introduce NEW legal arguments.

I have already submitted my WS and so really all I wanted from this thread was some feedback on the content of my WS, specifically your opinion of whether the template "double recovery" arguments in my WS make sense for my situation. 

In regards to your previous post about the paper counter-part actually being called the V5C, I will address this at the hearing and I don't expect this should cause much of an issue, as it is only mentioned to explain the delay in correspondence from myself, and has no impact on the actual defence arguments against the claim.

The paper counter-part of a driving licence has no bearing on this issue.  It is the V5C (log book) from where the parking companies retrieve your address via the DVLA.

Montarivo

Le_Kirk said:

Montarivo said:

Le_Kirk said:

You cannot amend a defence, if that is what you are asking, without it costing a fair amount of dosh BUT you can put it in your witness statement if you write it carefully and do not introduce NEW legal arguments.

I have already submitted my WS and so really all I wanted from this thread was some feedback on the content of my WS, specifically your opinion of whether the template "double recovery" arguments in my WS make sense for my situation. 

In regards to your previous post about the paper counter-part actually being called the V5C, I will address this at the hearing and I don't expect this should cause much of an issue, as it is only mentioned to explain the delay in correspondence from myself, and has no impact on the actual defence arguments against the claim.

The paper counter-part of a driving licence has no bearing on this issue.  It is the V5C (log book) from where the parking companies retrieve your address via the DVLA.

As the days get closer to the hearing I am thinking about just paying the charge at a reduced rate. I am considering offering around £150 to the claimant in order to settle this and avoid the hearing.

I can think of too many things that could go wrong with my defence, with the point you just mentioned to name one. 

Le_Kirk

I would ignore the V5C business, your defence is based on poor signage and if that is in your defence and in your witness statement, the judge will decide on the balance of probabilities if what you claim is true.  I doubt he/she will even mention the incorrect address issue.

Montarivo

Le_Kirk said:

I would ignore the V5C business, your defence is based on poor signage and if that is in your defence and in your witness statement, the judge will decide on the balance of probabilities if what you claim is true.  I doubt he/she will even mention the incorrect address issue.

Thanks for mentioning this. Another concern I have is I haven't submitted a skeleton argument to the court...should I have sent one along with my WS? Is it a requirement? 

Le_Kirk

It is not a requirement to submit a skeleton argument; they are useful if you have a complicated case.  If you want you can create yourself a crib sheet of points that you want to raise at the hearing but you don't need to send it to the court.  Just remember if you do, that you will need to sent to claimant as well.