ES Parking Enforcement

Coupon-mad

You can't assume the WS is late.

I would ask the court for a copy of the order with the court date/location & all information, or you might make wrong assumptions about date/time/location and what the Judge wants from you and when.

Also, you need to know the date by which the claimant must pay the hearing fee, so you can ring and check if they do or not. Because if they do not, as already said, YOU will have to pay it to have your counter-claim heard on its own!

On the basis that we have submitted a counter-claim, does my wife's WS need to refer to the justification for a counter-claim in the same WS? Rather than in a separate document.

I'd do it as a single document split into two subjects, firstly the WS for the defence (with its own signature and date and statement of truth), then the WS to support the counter claim (again, signed/dated etc).

Here's the basics of a counter-claim I wrote for Henry Hippo on pepipoo, who won it:

https://forums.moneysavingexpert.com/showthread.php?p=74136918#post74136918

HTH

billinghamn

Thanks Coupon-mad. Have got the details and the court fee was due yesterday, so we need to ring and check that the Claimant has paid this. Nowhere in the documentation does it say that we have to pay anything. I had wondered that, but couldn't find any reference to it.


Thanks for advice re counter-claim, although from the sounds of it, it may be too late for that now.

KeithP

billinghamn wrote: »

Nowhere in the documentation does it say that we have to pay anything.

But you have paid the Counterclaim fee haven't you?

claxtome

I have had a look at your draft WS (post #71) and it looks good.
(Not checked it against my WS or Skeleton so suggest you do in case there are any other things you want to add)

When/If they produce a WS you will probably be able to pull apart the contract that gives the right for ES to manage parking at the site as I found for the same car park.

billinghamn

KeithP wrote: »

But you have paid the Counterclaim fee haven't you?

No we haven't - nowhere does it refer to our counter-claim, nor the need to pay any fee by yesterday.

Coupon-mad

When you defended and included a counter-claim, you HAD TO pay £25 or your cc was null and void. Did you pay that?

If you did, then of course no court paperwork is going to ask you to pay the hearing fee (another £25) because in the first instance, the actual hearing fee is the claimant's fee to pay. The hearing fee only falls to you if the Claimant discontinues and you want to proceed with the counter claim.

billinghamn

claxtome wrote: »

I have had a look at your draft WS (post #71) and it looks good.
(Not checked it against my WS or Skeleton so suggest you do in case there are any other things you want to add)

When/If they produce a WS you will probably be able to pull apart the contract that gives the right for ES to manage parking at the site as I found for the same car park.

Claxtome - I think I have a copy of your WS already - have you got a copy of your Skeleton that I could use as the basis for mine? Did you include your SA in your thread? I can't remember seeing it.

billinghamn

Coupon-mad wrote: »

When you defended and included a counter-claim, you HAD TO pay £25 or your cc was null and void. Did you pay that?

If you did, then of course no court paperwork is going to ask you to pay the hearing fee (another £25) because in the first instance, the actual hearing fee is the claimant's fee to pay. The hearing fee only falls to you if the Claimant discontinues and you want to proceed with the counter claim.

Many thanks for clarifying - yes we paid a £35 fee because the counter claim was for £500 (if I remember correctly), so that means nothing was due to be paid yesterday - that's a relief!

claxtome

Claxtome - I think I have a copy of your WS already - have you got a copy of your Skeleton that I could use as the basis for mine? Did you include your SA in your thread? I can't remember seeing it.

The SA is in my thread and in the dropbox folder I link to in the initial post.
(I will check tonight if the latest version of everything is in my dropbox folder for my thread. )

billinghamn

WS has been submitted. First one was 48 pages long (with all of the exhibts etc), and we got an auto email response saying that anything over 25 pages long would not be printed and would not be supplied to the judge. Shame they didn't tell us that before! [We did check and couldn't find any ref to keeping the WS short]


Anyway, managed to cut it back, by utilising references to the Claimant's bundle, and combining images on to the same page. Everything is still readable though.


Working on SA next, based on Claxtome's excellent SA!