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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
    Too confusing...show us the latest draft!
    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
  • Mikeh2001
    Mikeh2001 Posts: 84 Forumite
    Second Anniversary 10 Posts Name Dropper
    Manjaik said:
    No.  You were not advised to remove a paragraph, merely a small irrelevant phrase.

    No-one said to remove entire paragraphs UNLESS they were stated verbatim in your defence already, in which case no need to repeat it.

    Of course you are arguing on signage!  And the false added costs (BW Legal are only entitled to the capped '£50 legal fees' on the right of the claim form.  They can't invent more costs).
    Okay I see. they were already mentioned in Defence so no point having them.
    SO Should I still keep the para regarding the signage, although my main point of argue is not the signage ? but the AST and primacy of contract and no mention regarding parking schemes also the fact it was introduced after 2 years. ?  :#
    You need the exhibits/evidence to back up your defence.  Your defence included unfair signage and disgusting Beavis so you should evidence it with exhibits and anything else you would theoretically rely on in a court room.  There is never any guarantee the judge would rule in your favor in respect primacy of contract / chan therefore any additional arguments (providing they are well made and not just copy and paste with stuff not relevant to your case) might make a difference.
  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 April 2024 at 8:31PM
    You cannot exhibit no 8 (a settlement offer). Exhibit 10 isn't helpful either.  This is a debt claim and they are entitled to call it that.

    And your paragraph numbering goes wrong after para 8.  It goes back to 1.  That needs sorting.
    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
    You cannot exhibit no 8 (a settlement offer). Exhibit 10 isn't helpful either.  This is a debt claim and they are entitled to call it that.

    And your paragraph numbering goes wrong after para 8.  It goes back to 1.  That needs sorting.
    ok sorting it....
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    You cannot exhibit no 8 (a settlement offer). Exhibit 10 isn't helpful either.  This is a debt claim and they are entitled to call it that.

    And your paragraph numbering goes wrong after para 8.  It goes back to 1.  That needs sorting.
    https://www.dropbox.com/scl/fi/j05405ipn4zjb7lqxc2hq/WS-BW.docx?rlkey=eymwddflfi3vlss70hj5glqo5&dl=0

    Updated
  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 April 2024 at 10:31AM
    Remove paragraph 10 and 11 and replace those with more info about your right to park (also to load and unload), and reference Jopson v Homeguard as an exhibit.

    Search the forum for wording and that case.
    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
    Remove paragraph 10 and 11 and replace those with more info about your right to park (also to load and unload), and reference Jopson v Homeguard as an exhibit.

    Search the forum for wording and that case.
    Nice one ... I am really amazed how much attention to detail you are :)
    This is sounds like actually what is above in terms of primacy of contract.

    will amend right now.


  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Remove paragraph 10 and 11 and replace those with more info about your right to park (also to load and unload), and reference Jopson v Homeguard as an exhibit.

    Search the forum for wording and that case.

    updated

    https://www.dropbox.com/scl/fi/6wyv7d3q48346db7j8igl/WS-BW.docx?rlkey=g4211n1kl42ezf3trxcerup5h&dl=0

    I have to be honest my paperwork experience is not soo great so thank you


  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 April 2024 at 12:18PM
    Your exhibits need re-ordering after exhibit 4 because they should flow with sequential numbering, in the same order that you mention them in the WS.

    I would get rid of the a b c and the paragraph under it (about Jopson) as it makes little sense and nor is the word 'lessee' ordinarily applicable to a tenant who rents (and isn't a leaseholder).  

    Instead, search the forum again and copy some relevant wording about Jopson that LOADS of people have included in defences and WS for years.

    Finally, have you got their WS yet?  How long (exactly) is your car shown parked for and us it in a shared bay or one allocated to you?
    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
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