parking eye and i am at county court stage

Coupon-mad

dazupnorth wrote: »

court papers arrived.

they say small claims mediation service is the way forward. as we are a case thats suitable for mediation....

else we have to go to court next year.

do i say yes to go to court mediation?

That's standard court blurb, a standard response. Say no and explain, as keeper, AGAIN which this would be prohibitively expensive but not only that, they have no cause of action and the Court should strike the case out. Failing that, this case would be far better suited to follow loads of other pointless PE court claims at the moment and be stayed until after the determination of the PE v Beavis case they are hanging their hat on (state the date of the Appeal and the reference at the Court of Appeal, easily found on this forum loads of times, or in the Parking Prankster's blogs). You then get the case frozen if they agree.

dazupnorth

just rang the court. They have paid the 25 quid to go forward to an actual hearing.
the court says if we arnt going to attend we have to write to them.

so i think i aqm looking for what to put in said letter.

thanks in advance

hoohoo

You would send 3 things in to the court
1) Your witness statement
2) Your skeleton argument
3) A letter asking for the case to be held on written arguments, as it will be too expensive for you to attend otherwise.

These have to be in before the filing deadline, which will be notified to you when you know the hearing date.

Coupon-mad

Oh and add a request (again) that in fact the hearing is vacated and the case should simply be stayed for PE v Beavis in the Court of Appeal (give date and case number at CoA) just like in plenty of other Courts right now (e.g. Telford, Cambridge).

dazupnorth

we have now recieved an 8 meg pdf document of a lot of blurb thats outlining their defence in court.

i wonder if this is of interest to any of the seasoned expoerts on the forum?

is there anyone out there who thinks they may be able to lend a hand to our presentation to the court.

PE, do go into a lot of detail surrounded in a lot of gumph to describe how they are wholly justified in going about their business in this way

bargepole

dazupnorth wrote: »

we have now recieved an 8 meg pdf document of a lot of blurb thats outlining their defence in court.

i wonder if this is of interest to any of the seasoned expoerts on the forum?

is there anyone out there who thinks they may be able to lend a hand to our presentation to the court.

PE, do go into a lot of detail surrounded in a lot of gumph to describe how they are wholly justified in going about their business in this way

We've seen those documents many times before - there's the 30-page version, a 50-page version, and even a 100 page version.


It's full of half-truths, misleading assertions, and cherry-picked quotes from cases which have no bearing on yours.


One Judge in Birmingham summed it up best, when he struck out the Reply to Defence, describing it as 'prolix'.

dazupnorth

but they do seem to have outlined this in response to previous correspondance from us to the courts.

just for the record we have a 104 page document. even showing pictures if the signs that are there now. no mention of course of the date the pictures were taken.

Coupon-mad

But they always send that - it's their standard blizzard 'reply to defence'. that's how it works at this stage. The Parking Prankster had a similar number of pages in a PE reply to defence he was helping someone with last month, same sort of thing, signage pics from now, and loads of pointless and non-binding cases mentioned. It's all drivel.

You don't need a hand to present anything to the court if you get the case stayed, which should be your priority. Have you already got a court date, please remind us? Or have you only just returned the DQ? Have you already written to the local court as per the Newbies thread, asking for them to use their discretion to stay the case? Sorry I can't recall where you are with this and the thread is loooonnng!

dazupnorth

we do have a court date. its in preston. and we have been told to submit our response. we have recieved their bumper pack saying they wont be there but a representative will.
we asked for the case to be binned due it being crap or due to us living out of jurasdiction. the court said, it was out of jurasdiction unless PE, appled a blah blah rule. they asked for this. that was way back when northampton were dealing with things
so we'll ask again to get the case stayed. do we do that direct to the court now? outside of the running court procedure.?

bod1467

You do it whilst submitting your response.