SUCCESSFULL DCB Legal County Court Stadium Retail Park Wembley

Coupon-mad

That's good - except I didn't see you refer to and explain exhibits 1-3 anywhere. Paragraph 3 is the place that makes sense to point to your exhibits and state the source of them (your own photos, and/or Google Streetview).

Don't forget your (separate page) costs assessment for attending the hearing. Travel? A day off work?

1505grandad

Just checking  -  para 26:-

"(i). Interest appears to be miscalculated on the whole enhanced sum from day one as if £165 was 'overdue' on the day of parking; different to the harassment letters sent in the post where it states £95 is due. Exhibit xx-08"

Should that be 7?

Also that you will including the usual Claim no., Court etc at the beginning as in the exemplar?

Le_Kirk

3. I entered stadium retail park on 18/12/2016 at 14.33 from the main road to the parking there is no signage stating the defendant will be entering into a “contract” nor any signs stating a maximum time limit to park within the parking nor a sign in any prominent location where customers are able to see them. Whilst in the retail park the I visited currys, JD sports, and drove through the McDonalds drive thru. Time spent in drive thru queue before leaving cannot be constituted as ‘parking’.

This is confused and there appears to be some full stops or commas missing.  Why are you calling it a "Parking"?  Drive thru is American, did you mean drive through?  You do not write in the third person in a WS therefore not "defendant" but "I".  Maybe not constituted but construed.

Ismaiel_c

Coupon-mad said:

That's good - except I didn't see you refer to and explain exhibits 1-3 anywhere. Paragraph 3 is the place that makes sense to point to your exhibits and state the source of them (your own photos, and/or Google Streetview).

Don't forget your (separate page) costs assessment for attending the hearing. Travel? A day off work?

On page 5 in defence section also added in paragraph 3 now

Ismaiel_c

1505grandad said:

Just checking  -  para 26:-

"(i). Interest appears to be miscalculated on the whole enhanced sum from day one as if £165 was 'overdue' on the day of parking; different to the harassment letters sent in the post where it states £95 is due. Exhibit xx-08"

Should that be 7?

Also that you will including the usual Claim no., Court etc at the beginning as in the exemplar?

Yes will change and personal details will be added later before sending

Ismaiel_c

https://1drv.ms/w/s!AgVKh-nCEGjqgdsybNWPsu3cwVWFhg?e=FAzYPG

Updated

Coupon-mad

And now add this transcript as an extra exhibit, plus add a paragraph explaining it:

https://forums.moneysavingexpert.com/discussion/6473149/major-judgement-where-judge-strike-out-the-claim-form/p1

Ismaiel_c

Coupon-mad said:

And now add this transcript as an extra exhibit, plus add a paragraph explaining it:

https://forums.moneysavingexpert.com/discussion/6473149/major-judgement-where-judge-strike-out-the-claim-form/p1

What section should i add the transcript and what should be put in the transcrit?

B789

Ismaiel_c said:

What section should i add the transcript and what should be put in the transcrit?

Usually near the top. Para #4 would be good and I'd also add a bold header to the paras.

Failure to comply with Civil Procedure Rules

1. Recent persuasive Appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44, attached) would indicate the PoC fails to comply with Civil Procedure Rule 16.4 and the Practice direction to Part 16.  In the cited case HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'.  The Defendant asserts that this Claim is based upon an agreement by conduct.  The Defendant asserts that the Claimant has failed to specify how Contract terms have been breached by the conduct of the Defendant in the PoC. 

2. The Defendant believes the Claim should be struck out at Allocation stage and should not have been accepted by the CNBC due to a represented parking firm Claimant knowingly breaching basic CPRs.

https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0

Ismaiel_c

Do i just add in the section you have quoted