UKPC / DCB Legal - Part 2 - I WON IN COURT

IloveElephants

Hi, if anyone can see my previous message and see the changes that I made yesterday highlighted in light blue I would be grateful. Thank you to everyone

KeithP

The heading for Exhibit 4 is on the wrong page.

The heading for Exhibit 07 is on the wrong page.

Remove the link from para 5. It's not needed.

In para 5 you refer to exhibit 07 twice. 

Be consistent with your exhibit numbering. Your exhibits 1 to six have no leading zero but you start using a leading zero with exhibit 07.

In para 6 you refer to exhibit xx-12.
That is the correct style for labelling exhibit - your initials plus a sequential number - but there is no exhibit xx-12 or exhibit 12.

Look at your page 27.
Is the Beavis case extract Exhibit 09 or Exhibit xx-15?

Your para 8 could be better presented. It currently starts...
"8.    TheParkingEye v Beavisis distinguished..." and is indented out of line.

Your paragraph 8 claims that the Beavis sign is exhibit 06 (note a leading zero here but not on the exhibit title). But there is no exhibit 06. There is an exhibit 6 but the title for that exhibit is on the preceding page.

Your exhibit 4 appears to be a view of a car park at night. (again the heading on the wrong page).
I have failed to see how that exhibit 4 relates to the text in your para 9 where you wax lyrical about the Beavis sign.


I'll stop there. This is too much like hard work.
Frankly, it looks like you haven't even tried to present something decent.

You can probably notice the frustration in my comments. I imagine any judge trying to make sense of this might be equally frustrated.

1505grandad

In view of your condition is there anyone who could sit with you and help?

When is your WS to be filed and served by?

Some other observations:-

What was the date/s of the parking events (does your para 3 give a clue?)

You state in paras 5/6:-

" ....British Parking Association (BPA) ApprovedOperator Scheme (AoS) version 6 - October 2015 section 18.3, see Exhibi 07 (this is the version that is applicable to the date of issue of my PCN)..."

THE RECENT BPA COP'S ARE BELOW  -  HAVE YOU JUST COPIED THE EXAMPLE WS BUT IN FACT YOUR PCN IS RELEVANT UNDER ANOTHER COP VERSION AS FOLLOWS:-

"The AOS is supported by the BPA Approved Operator Code of Practice (current version 8 - January 2020), The changes made are listed here 

Previous versions of the BPA Approved Operator Code of Practice 2012

BPA Approved Operator Code of Practice 2012 - Version 7, January 2018  This version will be referred to in relation to any issues of non-compliance taking place up to but not including 6th January 2020.  

BPA Approved Operator Code of Practice 2012 - Version 6, October 2015 This version will be referred to in relation to any issues of non-compliance taking place up to but not including 2nd January 2018." 

Again para 8  -  this is actually a heading (see WS example)

Also  para 17  -  as you have admitted being the driver POFA is not relevant.

As already suggested you should carefully go through your WS and make sure the facts you are stating under a SoT are correct and it flows in a logical manner -  and when filed and served it is in the correct format re text size/spacing.

IloveElephants

KeithP said:

The heading for Exhibit 4 is on the wrong page.

The heading for Exhibit 07 is on the wrong page.

Remove the link from para 5. It's not needed.

In para 5 you refer to exhibit 07 twice. 

Be consistent with your exhibit numbering. Your exhibits 1 to six have no leading zero but you start using a leading zero with exhibit 07.

In para 6 you refer to exhibit xx-12.
That is the correct style for labelling exhibit - your initials plus a sequential number - but there is no exhibit xx-12 or exhibit 12.

Look at your page 27.
Is the Beavis case extract Exhibit 09 or Exhibit xx-15?

Your para 8 could be better presented. It currently starts...
"8.    TheParkingEye v Beavisis distinguished..." and is indented out of line.

Your paragraph 8 claims that the Beavis sign is exhibit 06 (note a leading zero here but not on the exhibit title). But there is no exhibit 06. There is an exhibit 6 but the title for that exhibit is on the preceding page.

Your exhibit 4 appears to be a view of a car park at night. (again the heading on the wrong page).
I have failed to see how that exhibit 4 relates to the text in your para 9 where you wax lyrical about the Beavis sign.


I'll stop there. This is too much like hard work.
Frankly, it looks like you haven't even tried to present something decent.

You can probably notice the frustration in my comments. I imagine any judge trying to make sense of this might be equally frustrated.

Hi Keith, thank you So so so much for your detailed input.

I have made the changes - I have highlighted them in light green 

https://docs.google.com/document/d/1_cU8lqf4dNBrMiab-lxZCYuRFJNJ-P1C/edit


If others could take a look, I have cross areas where I felt I have repeated myself, I will do the formatting/text/font size last once I have nailed down my arguments and its clear. Thank you to Keith and Granddad and Coupon-mad once again. Please see my recent version. 

IloveElephants

1505grandad said:

In view of your condition is there anyone who could sit with you and help?

When is your WS to be filed and served by?

Some other observations:-

What was the date/s of the parking events (does your para 3 give a clue?)

You state in paras 5/6:-

" ....British Parking Association (BPA) ApprovedOperator Scheme (AoS) version 6 - October 2015 section 18.3, see Exhibi 07 (this is the version that is applicable to the date of issue of my PCN)..."

THE RECENT BPA COP'S ARE BELOW  -  HAVE YOU JUST COPIED THE EXAMPLE WS BUT IN FACT YOUR PCN IS RELEVANT UNDER ANOTHER COP VERSION AS FOLLOWS:-

"The AOS is supported by the BPA Approved Operator Code of Practice (current version 8 - January 2020), The changes made are listed here 

Previous versions of the BPA Approved Operator Code of Practice 2012

BPA Approved Operator Code of Practice 2012 - Version 7, January 2018  This version will be referred to in relation to any issues of non-compliance taking place up to but not including 6th January 2020.  

BPA Approved Operator Code of Practice 2012 - Version 6, October 2015 This version will be referred to in relation to any issues of non-compliance taking place up to but not including 2nd January 2018." 

Again para 8  -  this is actually a heading (see WS example)

Also  para 17  -  as you have admitted being the driver POFA is not relevant.

As already suggested you should carefully go through your WS and make sure the facts you are stating under a SoT are correct and it flows in a logical manner -  and when filed and served it is in the correct format re text size/spacing.

Hi Granddad Good morning.

 I have to colour code the text so it makes sense to me, its the way my mind works, but the final version I will correct the text and have my friend to do the formatting, font, spacing, size etc..

So far I have not received any letter of a date to send the WS by, I also logged into mcol and it did not say.  Shall I email the local court that is was transferred to for an update?


What was the date/s of the parking events (does your para 3 give a clue?) - it was in Oct/Nov 2019




As for your comment:  THE RECENT BPA COP'S ARE BELOW  -  HAVE YOU JUST COPIED THE EXAMPLE WS BUT IN FACT YOUR PCN IS RELEVANT UNDER ANOTHER COP VERSION AS FOLLOWS:-

"The AOS is supported by the BPA Approved Operator Code of Practice (current version 8 - January 2020), The changes made are listed here 

Previous versions of the BPA Approved Operator Code of Practice 2012

   1. BPA Approved Operator Code of Practice 2012 - Version 7, January 2018  This version will be referred to in relation to any issues of non-compliance taking place up to but not including 6th January 2020.  

2.  BPA Approved Operator Code of Practice 2012 - Version 6, October 2015 This version will be referred to in relation to any issues of non-compliance taking place up to but not including 2nd January 2018." 

I have crossed out my old wording in paragraph 5 - do I copy number 1 and 2 above for paragraph 5?

Thanks for your advice. Please see latest version of my document in the link above. Thanks,

Coupon-mad

"BPA Approved Operator Code of Practice 2012 "

No such version, not in 2012!

KeithP

Coupon-mad said:

"BPA Approved Operator Code of Practice 2012 "

No such version, not in 2012!

 Except that the BPA in their infinite wisdom have on their website listed all their CoPs from 2013 to 2018 with a title of BPA Approved Operator Code of Practice 2012 - Version n
(where n = 2 to 7)   

The documents themselves are not so identified.

IloveElephants

KeithP said:

Coupon-mad said:

"BPA Approved Operator Code of Practice 2012 "

No such version, not in 2012!

 Except that the BPA in their infinite wisdom have on their website listed all their CoPs from 2013 to 2018 with a title of BPA Approved Operator Code of Practice 2012 - Version n
(where n = 2 to 7)   

The documents themselves are not so identified.

Hi Keith, do I use the 2012 version? if you could please clarify. I have to get this WS complete by Monday and by the looks of it a million miles from getting it finished. 

IloveElephants

Hi everyone, if you could kindly see the changes to my WS I would be deeply grateful. Formatting/text will be edited, I just want to make sure everything makes sense from your perspective. I will add the contents page once finalised. Thank you 

KeithP

IloveElephants said:

KeithP said:

Coupon-mad said:

"BPA Approved Operator Code of Practice 2012 "

No such version, not in 2012!

 Except that the BPA in their infinite wisdom have on their website listed all their CoPs from 2013 to 2018 with a title of BPA Approved Operator Code of Practice 2012 - Version n
(where n = 2 to 7)   

The documents themselves are not so identified.

Hi Keith, do I use the 2012 version? if you could please clarify. I have to get this WS complete by Monday and by the looks of it a million miles from getting it finished. 

No you do not use the 2012 version.

Of course you use the version relevant at the time of your parking event.

In that post of mine that you have quoted, I have given you a link to all of them.
So simple for you to resolve.