VCS Court Claim (Residential Parking, Disabled Passenger) - Defence Advice Needed

satinheartmgmt

KeithP said:

satinheartmgmt said:

In their witness statement they have tried to use the fact I've used a common 'template' for my defence and that this is a waste of the court and claimants time! hahah hilarious, I'm pretty sure their WHOLE witness statement is a template.

Do they use the word 'nonsensical'? 

Search the forum for that word and see how often we have seen this template.

Yes they do! 

satinheartmgmt

I'm going to get the first draft done tonight and then I'll submit it tomorrow via email. No sleep for me tonight!

Mouse007

satinheartmgmt said:

With my witness statement, do I reply to points that the claimant has made in their witness statement or keep it separate?

In their witness statement they have tried to use the fact I've used a common 'template' for my defence and that this is a waste of the court and claimants time! hahah hilarious, I'm pretty sure their WHOLE witness statement is a template

Yes, ironically their WS is a template. You can see how I dealt with this from Paragraph 58 onwards (link in above post)

satinheartmgmt

Mouse007 said:

satinheartmgmt said:

With my witness statement, do I reply to points that the claimant has made in their witness statement or keep it separate?

In their witness statement they have tried to use the fact I've used a common 'template' for my defence and that this is a waste of the court and claimants time! hahah hilarious, I'm pretty sure their WHOLE witness statement is a template

Yes, ironically their WS is a template. You can see how I dealt with this from Paragraph 58 onwards (link in above post)

Great thank you! Do I reply to their witness statement in my one?

satinheartmgmt

Another question. I stated in my defence that I have had a decline in my mental health due to their harassment. I have my full medical history (mental health only) printed off and I wanted to include this as evidence of the multiple times I visited my GP with anxiety which was roughly 1 month after I received the first ticket, I have been 5 times. However, there are some sensitive topics which I would like the redact from the notes of my medical history. Can this be done or is it tampering with evidence?

Coupon-mad

Yes - you should tear apart their WS in yours.

The only way you will get this bundle under 50 pages (given you must also append your lease and whatever photos, plus a second signed/dated WS from a passenger!) is to hold back the following:

- the transcripts of the case authorities (Jopson, Wilkinson, Smith, maybe Excel v Lamoureux too)

and

- excerpts from the Equality Act 2010 and the EHRC Code re the EA 2010 about the duty to make reasonable adjustments

Separately attach those legal argument authorities to a brief skeleton argument that you get someone in the family to pop in and deliver by hand next week (there is no 14 day deadline on a skeleton / authorities bundle).

And email it to the solicitors of course.

satinheartmgmt

Coupon-mad said:

Yes - you should tear apart their WS in yours.

The only way you will get this bundle under 50 pages (given you must also append your lease and whatever photos, plus a second signed/dated WS from a passenger!) is to hold back the following:

- the transcripts of the case authorities (Jopson, Wilkinson, Smith, maybe Excel v Lamoureux too)

and

- excerpts from the Equality Act 2010 and the EHRC Code re the EA 2010 about the duty to make reasonable adjustments

Separately attach those legal argument authorities to a brief skeleton argument that you get someone in the family to pop in and deliver by hand next week (there is no 14 day deadline on a skeleton / authorities bundle).

And email it to the solicitors of course.

This is great thank you. 

Regarding the 'legal argument authorities' - what does this mean? Is it possible to extend my deadline?

Thank you!

Coupon-mad

I already said: there is no 14 day deadline for a 'case authorities' bundle and skeleton

It's fine next week to provide the legal 'things'.

And I advised exactly what those 'legal argument' authorities specifically are that you are holding back and specifically what exhibits (non legal arguments) that you must append with your WS bundle to email tonight.

You can't extend the WS deadline which is why I said to split it.  Legals and non-legal bundles, separated to get around the 50 page problem.  And it makes it more doable for you tonight.

Obviously you will have to REFER in your WS to things like Excel v Smith, and Lamoureux, and Jopson, and Wilkinson (copy those words from a WS already written that includes them - easy peasy - SEARCH the forum & crib from one!).

But you'd say 'separate case authorities bundle to follow next week' rather than 'see Exhibit xxx' which would have taken your WS bundle to nigh on 100 pages which is no good by email and the local court would throw it back!

Coupon-mad

Please don't be distracted by other replies from non-regulars telling you to do it differently as they are 'playing Devil's advocate'... you don't have time to look at that.

Stay focussed on the WS bundle we talked about and what needs to go with it.

satinheartmgmt

slightly panicking. They have in their witness statement that because they fixed the a notice of PCN to my vehicle that I cant rely on POFA? is this true? They never attached the full PCN just a notice