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

IloveElephants

IloveElephants said:

Thank you to Fruitcake. 

I have added in my Exhibits from the claimants WS, Please see my WS Copy, 

https://docs.google.com/document/d/1_cU8lqf4dNBrMiab-lxZCYuRFJNJ-P1C/edit?usp=sharing&ouid=115730171096675321578&rtpof=true&sd=true

Scroll to the end and see the added Exhibits with descriptions. Thank you to everyone 

Hi Everyone, If anyone could kindly take a quick skim at my exhibit on my link above and give me the thumbs up before I save the file and keep it ready to send next week. Thank you to everyone 

Fruitcake

Your page numbering seems is off. Your index says the WS is pages 2 - 11 when in fact pages 12 to 14 are part of your statement. 

You should use exhibit numbers rather than page numbers and the index should reflect this. Your exhibit titles in the index page do not match the page numbers.
Some of the exhibit titles don't make sense. For example, what does, "No visible Claimant Approach to car park outside view all angles" mean?

You need a copy of Excel v Shoe Lane as an exhibit and highlight the part where the judge stated that terms cannot later be imported into a contract at a later date.

IloveElephants

Fruitcake said:

Your page numbering seems is off. Your index says the WS is pages 2 - 11 when in fact pages 12 to 14 are part of your statement. 

You should use exhibit numbers rather than page numbers and the index should reflect this. Your exhibit titles in the index page do not match the page numbers.
Some of the exhibit titles don't make sense. For example, what does, "No visible Claimant Approach to car park outside view all angles" mean?

You need a copy of Excel v Shoe Lane as an exhibit and highlight the part where the judge stated that terms cannot later be imported into a contract at a later date.

Thanks Fruitcake, I have made adjustments to the index and numbering


As for "You need a copy of Excel v Shoe Lane as an exhibit and highlight the part where the judge stated that terms cannot later be imported into a contract at a later date."

Where can I find the exhibit for the above? If you could point me to the right thread/article where I can highlight what the judge said I can add it in. Thank you very much. 

Le_Kirk

IloveElephants said:

Fruitcake said:

You need a copy of Excel v Shoe Lane as an exhibit and highlight the part where the judge stated that terms cannot later be imported into a contract at a later date.

As for "You need a copy of Excel v Shoe Lane as an exhibit and highlight the part where the judge stated that terms cannot later be imported into a contract at a later date."

Ask Auntie Google

IloveElephants

Fruitcake said:

Your page numbering seems is off. Your index says the WS is pages 2 - 11 when in fact pages 12 to 14 are part of your statement. 

You should use exhibit numbers rather than page numbers and the index should reflect this. Your exhibit titles in the index page do not match the page numbers.
Some of the exhibit titles don't make sense. For example, what does, "No visible Claimant Approach to car park outside view all angles" mean?

You need a copy of Excel v Shoe Lane as an exhibit and highlight the part where the judge stated that terms cannot later be imported into a contract at a later date.

Please see my WS last page, I have added in a copy of Thornton v Show lane and highlighted 

 terms cannot later be incorporated into a contract at a later date. 

 
Thank you to everyone 

Le_Kirk

IloveElephants said:

Please see my WS last page, I have added in a copy of Thornton v Show lane and highlighted terms cannot later be incorporated into a contract at a later date. 

I hope you meant Shoe Lane

IloveElephants

Le_Kirk said:

IloveElephants said:

Please see my WS last page, I have added in a copy of Thornton v Show lane and highlighted terms cannot later be incorporated into a contract at a later date. 

I hope you meant Shoe Lane

Hi Le Kirk, sorry typo, yes Shoe Lane, its at the very last page on my WS,
All I want is a green light from the regulars here then I can submit the pdf document today to all parties.  

Fruitcake

It still needs a few tweaks, but nothing major.

The exhibits should all have an explanation in the index. You have done this for Exhibits 1,2,3, and Exhibit 4, but not Exhibits 5 - 12. You have given the exhibits themselves a tile/explanation so you just need to include a brief summary of that in the index.

All photos need a time or date stamp so don't redact or remove them. When using GSV images always make sure the image capture date is showing at the bottom, whereas you have cropped them.

State the origin of the images. If the claimant took it, then say something like, unreadable image taken at night by the claimant, or image of sign taken by defendant on a subsequent visit to show how it could not be read by a motorist in daylight, let alone at night.
Also add that the £100 charge is buried in small font and incapable of being brought to the attention of the motorist. This is a breach of the BPA CoP. (Quote the relevant section with regards to signs.)

Also mention Lord Denning's Red Hand Rule.

Para 15 is a repeat of part of para 14 so should be removed and following paragraphs renumbered.
Use the term, surface markings rather than the floor was not painted, and highlight that surface marking form part of the signage which in turn forms part of the parking contract.

Wherever you mention signage, state that they were not illuminated. The claimant's own images show that the signs were unreadable in the dark.

I think you need the whole of court transcripts such as She Lane, one just a one liner.

IloveElephants

Fruitcake said:

It still needs a few tweaks, but nothing major.

The exhibits should all have an explanation in the index. You have done this for Exhibits 1,2,3, and Exhibit 4, but not Exhibits 5 - 12. You have given the exhibits themselves a tile/explanation so you just need to include a brief summary of that in the index.

All photos need a time or date stamp so don't redact or remove them. When using GSV images always make sure the image capture date is showing at the bottom, whereas you have cropped them.

State the origin of the images. If the claimant took it, then say something like, unreadable image taken at night by the claimant, or image of sign taken by defendant on a subsequent visit to show how it could not be read by a motorist in daylight, let alone at night.
Also add that the £100 charge is buried in small font and incapable of being brought to the attention of the motorist. This is a breach of the BPA CoP. (Quote the relevant section with regards to signs.)

Also mention Lord Denning's Red Hand Rule.

Para 15 is a repeat of part of para 14 so should be removed and following paragraphs renumbered.
Use the term, surface markings rather than the floor was not painted, and highlight that surface marking form part of the signage which in turn forms part of the parking contract.

Wherever you mention signage, state that they were not illuminated. The claimant's own images show that the signs were unreadable in the dark.

I think you need the whole of court transcripts such as She Lane, one just a one liner.

Thank you so much fruitcake, I will get on that now

I have mentioned the red hand rule in para 49 

I will look for the whole court transcripts to add to my last exhibit, thank you so much 

IloveElephants

Thank you to everyone, especially Fruitcake. I have finished my WS and just doing some formatting tidying up, its ready to send to all parties.