Defense Advice

ka2335

Doing it now, give me 1hr

ka2335

Ok see draft below

https://www.dropbox.com/s/biokjw2fxmgf5mc/Claim%20v5_Redacted.pdf?dl=0

I happy to remove the parts about to entrance sign, but i wanted to keep it in there for this draft so you can review with the pictures as that might help give some context  to what i was trying to say

Coupon-mad

Nearly there!  Much more on point and it's good that you are challenging their evidence.

But your paragraph 11 comes out of nowhere with no context; you haven't used the paragraph that normally appears above it which explains which Code and Act you are talking about.  Without that it makes no sense.

More worrying is that you've completely missed out the point (that would have been in your defence) that this Claimant has no standing or authority to sue in their own name.

Are you satisfied with the landowner authority document they supplied then?  SURE it is OK?

And you've dropped any mention of claiming your costs, and not shown a cover sheet or a costs schedule.

Will you add those to the PDF bundle?

ka2335

See attached landowner auth, i'm not sure if its ok....
https://www.dropbox.com/s/1slk3kd6pjvzx7m/Scanned_20230623-1039.pdf?dl=0

i'll make those changes and send another draft now

ka2335

https://www.dropbox.com/s/nt08bv2k5vdvxtv/Claim%20v6_Redacted.pdf?dl=0

see final draft, will email it off once given the ok 

Coupon-mad

ka2335 said:

See attached landowner auth, i'm not sure if its ok....
https://www.dropbox.com/s/1slk3kd6pjvzx7m/Scanned_20230623-1039.pdf?dl=0

i'll make those changes and send another draft now

That's a photocopy of a letter from over six years ago and it's signed by Staples (a retailer) who are unlikely and are unproven to be the overall site landowners.  Even if they are, where's the evidence this is anything more than an old instruction (2017 only) and where does it say that G24 are anything more than agents acting 'on behalf of' the named principal on the signs at the location (Staples)?  As such, G24 (as mere agents, allowed to "put signs up and issue PCNs") have not shown that they have made the parking contract their own. This Claimant has no standing.  This is trite law: Fairlie v Fenton applies.

Say all of the above in your WS.

Add that transcript back into your exhibits (Fairlie v Fenton - Google it if you can't find it again but you had it in the Minster Baywatch version!) and why don't you have the transcript for Excel v Wilkinson - as seen in all WS?

See the example by @SJRRJS for a quick check of what you are missing.

Castle

ka2335 said:

See attached landowner auth, i'm not sure if its ok....
https://www.dropbox.com/s/1slk3kd6pjvzx7m/Scanned_20230623-1039.pdf?dl=0

i'll make those changes and send another draft now

Staples UK Retail Ltd changed its name to SUK Retail Ltd in 2017 and went into administration on 5th April 2019. Staples/SUK were only a Leaseholder of its 94 sites.

As this PCN was issued in respect of a parking event on 20th June 2019 the claimant will have needed authorisation from the administrators of Staples/SUK or from the Freeholder, (if the lease had already been surrendered), to continue on site after 5th April 2019. 

ka2335

thanks chaps, i added the Fairlie v Fenton piece including the transcript and the point from castle. 
Now its all down to the attended hearing. 
Any advice?
Will they challenge me if i actually understands the parts in my WS which are obviously from the forum? I'm wondering how much i need to brush up on all these cases i'm referencing....

Le_Kirk

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.

Coupon-mad

ka2335 said:

thanks chaps, i added the Fairlie v Fenton piece including the transcript and the point from castle. 
Now its all down to the attended hearing. 
Any advice?
Will they challenge me if i actually understands the parts in my WS which are obviously from the forum? I'm wondering how much i need to brush up on all these cases i'm referencing....

Nicely done.

Emailed as a PDF to the local court and solicitors?