Feedback on my defence please

helpthisgirl

Hi @KeithP & @Coupon-mad

Firstly want to say thanks to the both of you for the quick responses, saved me here! Thankfully i have until 4pm on 3rd feb to do my witness statement - kicking myself here for letting this slip as not ideal to do it in such a short time frame!!

Am I best to post their witness statement on here without all the details?  

I don't really know where to start with it! 

Thanks again

helpthisgirl

helpthisgirl said:

Hi @KeithP & @Coupon-mad

Firstly want to say thanks to the both of you for the quick responses, saved me here! Thankfully i have until 4pm on 3rd feb to do my witness statement - kicking myself here for letting this slip as not ideal to do it in such a short time frame!!

Am I best to post their witness statement on here without all the details?  

I don't really know where to start with it! 

Thanks again

Sorry guys found the advice on the newbies thread - panic station over here now. I'll come back to you once I've compiled my first draft but let me know if it would be beneficial to see theirs?  

Also quick question - I requested a SAR from the parking company ages ago (before filing my defence) and never heard anything back... is that something i can use in my favour or irrelevant to my case and will be ignored as trivial? 

Coupon-mad

It is trivial but mention it.

Do NOT use the Robert Cox WS bundle example in the NEWBIES thread. It is out of date.

Use the one from 2022 posted by @aphex007

helpthisgirl

Coupon-mad said:

It is trivial but mention it.

Do NOT use the Robert Cox WS bundle example in the NEWBIES thread. It is out of date.

Use the one from 2022 posted by @aphex007

Thanks @Coupon-mad

I'm on it with the one posted my aphex007. 

I have added a dropbox link below with their witness statement but without the details.  The main points that they mention and that I'm wary about / would like to address / squander in my WS is: 

New code of practice

xiii. The Defendant makes reference to the Department for Levelling Up, Housing and Communities (“DLUHC”) and the ‘new’ parking code of practice originally published in February 2022 within their Defence. With respect, it is submitted that this bears no relevance to the matter at hand as the code has not yet been enacted with the current status of the code being ‘withdrawn’ as of June 2022;

xiv. Further to the above, the Defendant’s opinion of the industry being regulated by the Independent Parking Committee and British Parking Association bears no relevance to the Defendant’s liability. With respect, nothing has currently been implemented by the Government for my Company to adhere to (although this is of course pending). I respectfully ask the question: would the Defendant have deemed it more appropriate for my Company to not adhere to the COP(?). Referring to that Code is not ‘misleading’ – it is (at the present time) entirely relevant and section 111 of Parking Eye -v- Beavis [2015] confirmed that. 

Defendants allegations 

" With respect, nothing has currently been put in place by the Government for my Company to adhere to (although this is of course pending). I respectfully ask the question; would the Defendant have deemed it more appropriate for my Company to not adhere to the COP(?). Referring to that Code is not ‘misleading’ – it is (at the present time) entirely relevant and section 111 of Parking Eye -v- Beavis [2015] confirmed that

I do not intend to comment on the alleged historical issues raised by the Defendant. There is no relevant link between my Company and a parking Company that was put into administration in September 2014 (notably, pre-Parking Eye -v- Beavis). I am quite sure that at the time the Vehicle was parked on the Land, the Terms were not ignored because Roxburgh (UK) Limited was deemed unfit to trade some years ago." 

https://www.dropbox.com/s/6f4qn56o64kt3us/claimant ws.pdf?dl=0

Thanks 🙏 

1505grandad

"xiv. Further to the above, the Defendant’s opinion of the industry being regulated by the Independent Parking Committee....."

There's that same template used again by them  -  presumably only "IPC" stated in Defence.

"21.The Defendant has filed a widely available templated Defence, rather than dealing with thesubstantive issues. It is submitted the this is disingenuous and a waste of both the Court’s and myCompany’s time."

helpthisgirl

Hi @Coupon-mad , @KeithP , @1505grandad

A long slog in front of the computer today but I've pulled together the first draft of my witness statement. 

I've followed the @aphex007 example as best as possible, adding or adapting where needed. 

It would be really appreciated if you could give it a quick glance over please just so I know that I'm on the right lines with it?  🙏 

Thank you if so and for the help up to now too! 

 https://www.dropbox.com/s/5rwg9b6vi8a0vj1/Witness Statement.pdf?dl=0

Trainerman

I have only speed read it but it looks good to me. However, in para 10 I would remove the suggestion of falsified evidence. I like a strong statement but that might be a tad too far. "inaccurate evidence" perhaps? I would also suggest you recheck the maths in para 30.

Perhaps wait for further/better feedback before you send

Not_A_Hope

I think you need to amend the references in a number of paragraphs to ‘banned costs’. Whilst they will be banned under the new COP they are not banned yet.

helpthisgirl

Hi all, 

Thanks for the comments, I've updated the document following the advice given. Would appreciate any more feedback that anyone has please

https://www.dropbox.com/sh/i5pg8kuhsy8lfb7/AABuHrdq9cFdQFWP_JPrk5dwa?dl=0

Thank you again everyone!  Hopefully this is in a good place to submit ahead of deadline tomorrow. All a bit nerve wrecking! 

1505grandad

I believe that the Brittania Parking Group v Crosby case is no longer exhibited having been replaced by the Excel V Wilkinson case.