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BW Legal Claim Form Via County Court Business Centre please help?

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Comments

  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 April 2024 at 2:48PM
    Manjaik said:
    I just looked back at your OP which tells us:

    "After some forward and backwards of emails, that I have not received my parking permit."

    That's important as is the fact you were already living there (with parking rights) before this unsolicited regime was foisted upon you all.  You need to add all this information.  If they delayed the new permits then they caused the problem and cannot reasonably 'fine' residents who are awaiting a permit due to the company's own slowness.
    Will do!

    do I need to exhibit the K Sultana Saeed v Plustrade Ltd as well then ?! 
    Yes and no...

    It's Court of appeal level (unlike Jopson) and binding case law, so a Judge can find it.

    You could instead include a footnote URL to the Plustrade transcript. Saves paper and your court may refuse an email attaching more than 50 sides of A4.  They won't print it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Manjaik said:
    I just looked back at your OP which tells us:

    "After some forward and backwards of emails, that I have not received my parking permit."

    That's important as is the fact you were already living there (with parking rights) before this unsolicited regime was foisted upon you all.  You need to add all this information.  If they delayed the new permits then they caused the problem and cannot reasonably 'fine' residents who are awaiting a permit due to the company's own slowness.
    Will do!

    do I need to exhibit the K Sultana Saeed v Plustrade Ltd as well then ?! 
    Yes and no...

    It's Court of appeal level (unlike Jopson) and binding case law, so a Judge can find it.

    You could instead include a footnote URL to the Plustrade transcript. Saves paper and your court may refuse an email attaching more than 50 sides of A4.  They won't print it.
    How can I do an URL for it ? via dropbox aswell ? 
  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 April 2024 at 3:17PM
    No a footnote in Word, to the ACTUAL official transcript.  Easy to find on bailii
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    No a footnote in Word, to the ACTUAL official transcript.  Easy to find on bailii
    lastest

    https://www.dropbox.com/scl/fi/hfoafseu06ztyyooywp3z/WS-BW.docx?rlkey=vprns5p8ktllka8t85udavx4c&dl=0
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper


    Is it safe to say if document is less than 10 mb and less than 50 pages, witness statement is valid? 
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    edited 6 April 2024 at 3:24PM
    Yes. 50 "sides" = 25 "pages".
  • Mikeh2001
    Mikeh2001 Posts: 84 Forumite
    Second Anniversary 10 Posts Name Dropper
    Mikeh2001 said:

    The issue is with the highlighted parts.  It's also refers to clamping, which I don't think is true.

    Is there £100 penalty cause buried in small print? If that is true then you should exhibit the signs.

    It looks like you used the template defence which covers all CRA/Beavis.  If you are going to repeat this again in your witness statement, at least make it the same content. It's not your primary defence (that's chan and the terms of your lease) but I have no reason to think it doesn't also apply.

    You also have three paragraphs which are marked as "1" - that needs to be fixed.






    You still have text here in your latest draft (unless you have a later one offline) that references a store and clamping which has nothing to do with your case. 
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Mikeh2001 said:
    Mikeh2001 said:

    The issue is with the highlighted parts.  It's also refers to clamping, which I don't think is true.

    Is there £100 penalty cause buried in small print? If that is true then you should exhibit the signs.

    It looks like you used the template defence which covers all CRA/Beavis.  If you are going to repeat this again in your witness statement, at least make it the same content. It's not your primary defence (that's chan and the terms of your lease) but I have no reason to think it doesn't also apply.

    You also have three paragraphs which are marked as "1" - that needs to be fixed.






    You still have text here in your latest draft (unless you have a later one offline) that references a store and clamping which has nothing to do with your case. 
    will edit now
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Mikeh2001 said:
    Mikeh2001 said:

    The issue is with the highlighted parts.  It's also refers to clamping, which I don't think is true.

    Is there £100 penalty cause buried in small print? If that is true then you should exhibit the signs.

    It looks like you used the template defence which covers all CRA/Beavis.  If you are going to repeat this again in your witness statement, at least make it the same content. It's not your primary defence (that's chan and the terms of your lease) but I have no reason to think it doesn't also apply.

    You also have three paragraphs which are marked as "1" - that needs to be fixed.






    You still have text here in your latest draft (unless you have a later one offline) that references a store and clamping which has nothing to do with your case. 
    updated 

    https://www.dropbox.com/scl/fi/0lcvn1bieelo1vjejxeyk/WS-BW-v1.docx?rlkey=rgmu7eyaa4jk39fexsilkaaq4&dl=0

    I also think that para 36 seems a bit weird....
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