Appealing BW Legal/NCP Defence

Coupon-mad

Send it again...

AshCash

Hi all. I have a few more questions. I have received a letter from NCP's legal representative rebutting the customised sections I included in the templated letter. There main points are:

The facilities were poorly lit 
They say please see enclosed photographs of signage, but that haven't actually included any photographs (other than one of the car/license again)

I suffer from dyslexia and it's unreasonable to be expected to read protracted terms
They have quotes Veichle Control Services Ltd vs Alfred Charles Crutchley and said it's my obligation to understand the terms

There was no answer on the intercom when we attempted to pay and needed help
They've said I should have vacated the facility immediately if I was unable to pay (they've misunderstood that we were attempting to use the telecom AFTER our stay because the payment machine was not working)

They've also included logs (which I asked for months ago) showing that payments were taken throughout the day; however, they have not shown which machines these transactions correspond to. One of the reasons my partner could not go find another machine (assuming there was more than one, as the machine was 100% out of order) was because I had been instructed to exit the car park onto a one-way street and my partner came in search of me.

The rest of my defence
"While your defence raises a swathe of technical arguments, the source of which appears to be an online template, we do not intend to rehearse any technical arguments..."

Is this all par for the course?

I haven't yet received a DQ. Can I be proactive and print one off and email it? Worried I may have missed it.

I don't know if it can form part of my evidence but I've jotted down all the times for logs they sent through the day (12pm-7pm). The average time between transactions is 6.29 mins. The time between the transaction before we exited the car park and the transaction after is 23 mins, with the next transaction being a good 10 mins after we left. I know it's not exactly a smoking gun, but is this something I could lean on in court?

Thanks in advance

AshCash

Little bump. Any advice is appreciated. 

B789

AshCash said:

Little bump. Any advice is appreciated. 

You've already rebutted their points in your post above. Use those rebuttals in your response or just raise them with the judge if it ever goes that far.

AshCash said:

"While your defence raises a swathe of technical arguments, the source of which appears to be an online template, we do not intend to rehearse any technical arguments..."

In which case you point out that failure to rebut the "technical arguments", wherever your research took you to obtain them, will also be pointed out in court because they are put to strict proof that you are wrong in any of them.

AshCash

B789 said:

AshCash said:

Little bump. Any advice is appreciated. 

You've already rebutted their points in your post above. Use those rebuttals in your response or just raise them with the judge if it ever goes that far.

AshCash said:

"While your defence raises a swathe of technical arguments, the source of which appears to be an online template, we do not intend to rehearse any technical arguments..."

In which case you point out that failure to rebut the "technical arguments", wherever your research took you to obtain them, will also be pointed out in court because they are put to strict proof that you are wrong in any of them.

Thanks. How would I go about responding? Directly to them? 

Le_Kirk

What is the status on your MCOL page?

AshCash

Le_Kirk said:

What is the status on your MCOL page?

Ah crap:

Case Stay Lifted on 03/04/2023

DQ sent to you on 03/04/2023

I didn't receive one to my knowledge. Is there a timeframe to reply?

KeithP

AshCash said:

Le_Kirk said:

What is the status on your MCOL page?

Ah crap:

Case Stay Lifted on 03/04/2023

DQ sent to you on 03/04/2023

I didn't receive one to my knowledge. Is there a timeframe to reply?

Twenty-eight days to reply.
You have plenty of time.

Just continue to follow the guidance in that checklist you were using when you filed a Defence.

AshCash

KeithP said:

AshCash said:

Le_Kirk said:

What is the status on your MCOL page?

Ah crap:

Case Stay Lifted on 03/04/2023

DQ sent to you on 03/04/2023

I didn't receive one to my knowledge. Is there a timeframe to reply?

Twenty-eight days to reply.
You have plenty of time.

Just continue to follow the guidance in that checklist you were using when you filed a Defence.

Thanks. I'm just filling it in now. If I'm downloading a copy from online, what do I put in the box at the very top right that says:

'In the'

Coupon-mad

I think that's already in the NEWBIES thread info about DQ stage.