Excel Parking Charge

turtlefeet23

Hi all,

New draft below with feedback taken on board.

Note that there is a small error in the Schedule of Exhibits where TB/1a and TB/1b are incorrectly labelled but I have since amended this

Any more feedback is more than welcome

WS Draft 3-redacted.pdf

Many thanks!

Coupon-mad

Change 'CPR 16.4' to Part 16 because if you read Akande, the Judge held that the POC were in breach of Part 16.

Your earlier paragraph above that should say that there are now two persuasive appeal cases...

1505grandad

Just wondering re para 11 stating dates of NtK etc. not complying with POFA and claim should be struck out as an abuse of process.

Was this included in Defence and if not should it be in the WS?

Luc1fer

1505grandad said:

Just wondering re para 11 stating dates of NtK etc. not complying with POFA and claim should be struck out as an abuse of process.

Was this included in Defence and if not should it be in the WS?

It was not raised in the defence. 
Is raising it in the WS useless at this point?
I'd have thought it could still bear weight...

Coupon-mad

It doesn't bear weight I'm afraid (not in this case) because the Defendant has admitted to driving.  POFA deadlines rendered irrelevant.

Your para 4 still says "there is a persuasive appeal judgment". Nope. There are two.

Remove paras 6 and 7.

Remove the word 'Accordingly' which makes no sense at the start of para 8.

Luc1fer

Coupon-mad said:

It doesn't bear weight I'm afraid (not in this case) because the Defendant has admitted to driving.  POFA deadlines rendered irrelevant.

Your para 4 still says "there is a persuasive appeal judgment". Nope. There are two.

Remove paras 6 and 7.

Remove the word 'Accordingly' which makes no sense at the start of para 8.

Working on this now

Question - what's the reason for removing paras 6/7? They cover additional cases of CPR breaches?
I presume this is due to the court of appeal effectively trumping the other judgments?

We're removing it, but I'm curious.

turtlefeet23

Evening,

(hopefully) final draft below.

WS Final Draft-redacted.pdf


And in regards to a schedule of costs, I have some questions:

How does the court expect this to be formatted?
Is there a specific template to be used?
Should it be sent to the claimant at the same time as the WS? 
Is it required to include a breakdown of earnings to claim for my daily rate? And can I do the same for a lay representative?
Is there anything else I need to know about this?

Looking to submit by tomorrow night.

Cheers!

LDast

A lay rep can’t claim costs.

turtlefeet23

I've just seen the mistake I've made with the "Part 16" amend so will fox this now

Coupon-mad

Luc1fer said:

Coupon-mad said:

It doesn't bear weight I'm afraid (not in this case) because the Defendant has admitted to driving.  POFA deadlines rendered irrelevant.

Your para 4 still says "there is a persuasive appeal judgment". Nope. There are two.

Remove paras 6 and 7.

Remove the word 'Accordingly' which makes no sense at the start of para 8.

Working on this now

Question - what's the reason for removing paras 6/7? They cover additional cases of CPR breaches?

Because they are already in exhibit 1 and are not persuasive cases. They just show a pattern, that's all. You don't need to expound them.