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Claim form - Letter structure help *urgent* - won

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  • #46
    Re: Claim form - Letter structure help *urgent*

    Originally posted by emanresu View Post
    Ok, I don't see the EXCEL bit, what does that mean for me: Read the particulars on the claim form (N1) again - Sorry what's this?! :\ do you have a way of seeing all the evidence and defence? or only what I've put on here?

    The representative is a paralegal - "to the supervision of my principal".: Can a paralegal who wrote the WS supervise another paralegal that is presenting the case. Ask the judge about that. I didn't make this clear. - extract as it is - "I am a paralegal in the employment of BW legal for the claimant... I have conduct of this action subject to the supervision of my principal and the matters to which i refer are within the scope of my instructions save where expressively stated to the contrary and are true to the best of my knowledge"

    lost you on the privy to the workings of VCS.: If VCS wrote the Witness Statement the evidence is first hand. The person writing the WS is not employed and is writing on the instructions of someone within VCS so it is second hand. The person presenting at court tomorrow is presenting information that has been through two sets of hands so third hand. Just call it hearsay so the judge knows that it is not a direct quote of the claimant. Sure

    photographic evidence of blatantly obvious wrong location: That is the killer. You have to point out that the paralegal was clearly not supervised and is spouting information that they could not have known as they do not work for VCS and the court should not rely on their evidence. - Can I take in an iPad with google maps to reference differences, there's almost 20 pages to print each if not to compare errors.
    Thank you very much!

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    • #47
      Re: Claim form - Letter structure help *urgent*

      Also just found another fatal error, a lot of their evidence is based on their contract between landowner and VCS - The date of the contract signed by owner is over a year AFTER the 'alleged offence". I feel like a spider having many more legs to stand on

      Comment


      • #48
        Re: Claim form - Letter structure help *urgent*

        Originally posted by Fackers View Post
        Also just found another fatal error, a lot of their evidence is based on their contract between landowner and VCS - The date of the contract signed by owner is over a year AFTER the 'alleged offence". I feel like a spider having many more legs to stand on
        Lovely.

        Have you read http://parking-prankster.blogspot.co...rights-of.html and printed the relevant stuff off ?

        Have you got Parking Eye v Beavis printed off with the parts about a contract between you and them needs clear legible signage ? (it also should not say no parking at anytime (forbidding not an contractual offer)

        Make a list of costs (10p per sheet of printing, travel, parking, lost wages/leave etc etc)

        M1

        Comment


        • #49
          Re: Claim form - Letter structure help *urgent*

          I won my case! The judge said he's never seen a defence case so well prepared and detailed! We had a short court adjournment due to their images without dates and times and no references of my car. The Solicitor tried to get a 2 week adjournment to find 'new images and evidence'. He spent 30 mins on the phone then tried to barter with me outside to accept them to have an adjournment, which of course I didn't want to discuss away from the judge. When asked in front of the judge I was asked why I didn't think it was fair and I told them that their defence was late by 7 days and information was falsified (images from their defence), also that the court day was today and they've had almost 2 years to prepare. I literally turned their whole defence on them. The big knock out punches was 1. - Their 'contract' which they called an Agreement between the landowner and VCS, the signed date was also over a year after the alleged offence. 2. - Their images were blatantly of the wrong location in the images without date and time. I also was allowed to use my iPAD to reference the distance on google maps and using the street view feature.

          The judge concluded by denying the adjournment and that I had made such a valid effort and detailed cross reference of their mistakes that I had rightfully won outright. He then "dismissed the claim'.


          Thank you so much for all the help that you've given me, really appreciate it! Wish I could thank you with a token of my appreciation via some beer tokens


          - - - Updated - - -

          I wasn't given an option to plee for 'damages' and loss of earnings. How do I go about that? I also added that I have been caused lots of stress and feel harassed at the bombardment of calls and emails from them.

          Comment


          • #50
            Re: Claim form - Letter structure help *urgent*

            Great stuff. :okay:

            I wasn't given an option to plee for 'damages' and loss of earnings. How do I go about that? I also added that I have been caused lots of stress and feel harassed at the bombardment of calls and emails from them.
            Costs you should have asked for. No harm in sending a polite request to the judge.

            Damages such as harassment or a data protection claim are possible but you would need to instigate proceedings (once you made a complaint and sent a letter before action). This could have been done as a counterclaim to the original case but it's too late to do that now, obviously, so a fresh claim is the only way. It isn't easy.

            M1

            Comment


            • #51
              Re: Claim form - Letter structure help *urgent*

              Originally posted by mystery1 View Post
              Great stuff. :okay:



              Costs you should have asked for. No harm in sending a polite request to the judge.

              Damages such as harassment or a data protection claim are possible but you would need to instigate proceedings (once you made a complaint and sent a letter before action). This could have been done as a counterclaim to the original case but it's too late to do that now, obviously, so a fresh claim is the only way. It isn't easy.

              M1
              would you mind pointing out an example of the structure of such a letter please. Ill have it posted asap then.

              Thank uou

              Comment


              • #52
                Re: Claim form - Letter structure help *urgent* - won

                Try and get the title of the judge correct as some will be pissed off straight away if you get it wrong.


                Dear Judge xx,

                On 8/2/17 i was before you in the case of xxxxxxxxx v xxxxx #xxxx. My defence was accepted and the claim dismissed. In my relief i forgot to ask for costs.

                My costs were :-


                x
                x
                x


                I would be grateful if these could be awarded and apologise for doing things incorrectly.

                Yours sincerely

                M1

                Comment

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