Small Claims Court - Defence Question

salmosalaris

There are no guarantees . Only a few cases have been pushed to POPLA but it's worth a shot .

whenisayjump

kirkbyinfurnesslad wrote: »

Whos everyone?

It seems to be common wisdom on the internets.

whenisayjump

salmosalaris wrote: »

There are no guarantees . Only a few cases have been pushed to POPLA but it's worth a shot .

Is one able to request it be struck out?

James

bargepole

whenisayjump wrote: »

Is one able to request it be struck out?

James

You can request, but it won't be.

You need to get your head round the fact that this will go to court, and get yourself properly prepared with all the defence arguments.

whenisayjump

bargepole wrote: »

You can request, but it won't be.

You need to get your head round the fact that this will go to court, and get yourself properly prepared with all the defence arguments.

I'm not particularly fussed about it going to court. I want to win, because I believe it's wrong... but if I'm my interpretation of the law is incorrect (which is completely plausible) then I'm happy for someone with authority to tell me that's the case.

Coupon-mad

Have we already asked - your local court isn't in Cambs, Essex, Norfolk or Suffolk is it? You can ask for a 'stay' of the claim if so, pending the test cases being heard by HHJ Moloney in April in Cambridge (and you can still ask for a 'stay' pending these test cases even if your court is elsewhere).

whenisayjump

Coupon-mad wrote: »

Have we already asked - your local court isn't in Cambs, Essex, Norfolk or Suffolk is it? You can ask for a 'stay' of the claim if so, pending the test cases being heard by HHJ Moloney in April in Cambridge (and you can still ask for a 'stay' pending these test cases even if your court is elsewhere).

Sadly my local court isn't any of those, no.

As a slight aside. When all of this first happened I spoke to the land owner who assured me that this was all cancelled. PE claim to have not received these requests and that they only received the requests after court action had started, so it was 'commercially impractical' to cancel them at this point. That seems a slightly perverse way of things working, or is that the 'the law'?

IamNotAllowedToUseMyName

whenisayjump wrote: »

Sadly my local court isn't any of those, no.

As a slight aside. When all of this first happened I spoke to the land owner who assured me that this was all cancelled. PE claim to have not received these requests and that they only received the requests after court action had started, so it was 'commercially impractical' to cancel them at this point. That seems a slightly perverse way of things working, or is that the 'the law'?

You need to stand back for a moment and give yourself a slap for even considering there is any logic, common sense or truth in anything they do or say.

It is normally legal action that pushes a company into activity to minimise their costs.

da_rule

Can you get the land owner to provide you with evidence, in writing, that he wants the charge cancelled? This would undermine their argument that the land owner has suffered any loss and may also strike at their ability to stand, especially if you have evidence that they have told you they have received instructions to discontinue from the land owner. A court would (hopefully) not look favourably on someone pursuing a case just because they've paid the filing fee.

whenisayjump

da_rule wrote: »

Can you get the land owner to provide you with evidence, in writing, that he wants the charge cancelled? This would undermine their argument that the land owner has suffered any loss and may also strike at their ability to stand, especially if you have evidence that they have told you they have received instructions to discontinue from the land owner. A court would (hopefully) not look favourably on someone pursuing a case just because they've paid the filing fee.

I have emails from the area managers/manager saying that it will be cancelled:

I have sent your cancellation request, you must wait for cancellation letter from parking eye, it can take 3 to 4 weeks and you may get reminders in the process.

Obviously that's not proof that they actually did anything, though!

James