ES Enforcement County Court Claim

Lamilad

NorthWestITConsultant wrote: »

Hi Dot,

I'd get it in ASAP and then focus on preparing for the case.

No need to submit early, just needs to be on time. Leave it as long as possible and keep bumping your thread to get as much feedback and advice as possible.

You have a 'wall of text' thing going on in places. Break this up by putting line spaces between sub-paragraphs. be consistent with your formatting - some sub-para's are numbered, some a lettered, some have no formatting.

I still think you have a lot of irrelevant commentary in there but it's your WS and you have to be comfortable with it.

Dot2101

http://https://www.dropbox.com/s/wqho2zdtajeqt5z/Photo%2022-03-2017%2C%2018%2008%2014.png?dl=0

http://https://www.dropbox.com/s/oqgyq7l7n0sg001/Photo%2022-03-2017%2C%2018%2012%2032.png?dl=0

Is is possible anyone can change these drop boxes so you can see the images? Maybe it's my permission levels on here!

This is the letter and the contract sent from the landowner, I think it's quite damming in that it highlights that she seems pretty annoyed at the whole situation!

Dot2101

I have just tried to add in the drop box copies of the contract and the letter, don't think it is linking properly though, tried to edit it but still no luck.
Thanks for your help really appreciated

IamEmanresu wrote: »

If they had a contract at the time, then that is sufficient. Cancelling "after the event" would be ineffectual but perhaps persuasive. You might be better to ask for a copy of the contract they did have with ES to see if they have tried to put in something different to the court.

Would add that the Gladstones packs are of poor quality so when you get their WS go through it with a close eye on the details of what they claim. You'll find a lot of it is unsupported by evidence.

Dot2101

Thanks Lamilad, agree with you about the formatting I will try take another look at this, I am wanting to try get it off to court tomorrow so if 1st class is unreliable then the latest it will get there is Monday, deadline is Tuesday. Il maybe send gladstones copy a little later or is it best that both parties st copies on the same day?

Lamilad wrote: »

No need to submit early, just needs to be on time. Leave it as long as possible and keep bumping your thread to get as much feedback and advice as possible.

You have a 'wall of text' thing going on in places. Break this up by putting line spaces between sub-paragraphs. be consistent with your formatting - some sub-para's are numbered, some a lettered, some have no formatting.

I still think you have a lot of irrelevant commentary in there but it's your WS and you have to be comfortable with it.

Lamilad

Is is possible anyone can change these drop boxes so you can see the images? Maybe it's my permission levels on here!

Here
http://https://www.dropbox.com/s/wqho2zdtajeqt5z/Photo%2022-03-2017%2C%2018%2008%2014.png?dl=0

http://https://www.dropbox.com/s/oqgyq7l7n0sg001/Photo%2022-03-2017%2C%2018%2012%2032.png?dl=0

Dot2101 wrote: »

Il maybe send gladstones copy a little later or is it best that both parties st copies on the same day?

GS must receive your bundle by the deadline (Tuesday?) as well.

Dot2101

Any opinions on the letter from the landowner?
Sorry to clarify I mean if I post to court tomorrow also I also need to email gladstones their copy tomorrow, or as long as it is before Tuesday then it doesn't matter when gladstones get it?
Thanks again

Lamilad

Dot2101 wrote: »

Any opinions on the letter from the landowner?
Sorry to clarify I mean if I post to court tomorrow also I also need to email gladstones their copy tomorrow, or as long as it is before Tuesday then it doesn't matter when gladstones get it?
Thanks again

It's a good letter from the landowner but it doesn't offer anything to the judge to help him/her understand whether or not a contravention has occurred. It might prove useful but it depends on the judge so I wouldn't rely on it too much.

The contract on the other hand could be very useful if you can find something in there that they haven't complied with... for e.g. it says they will take 4 pics of the vehicle - did they do this? If you can show that they haven't complied with their own contract that should be "damming" as it will mean no contract was ever formed

Umkomaas

If proof was ever needed that Trev Whitehouse is up to his neck in involvement with ESPEL.

ESPEL Landowner contract:



ANPR Ltd Landowner contract:



@OP - a point to make in your submissions on the contract is that it is undated, so there's no proof that the date of the parking event was actually covered by this contract.

Dot2101

Yes they did send 6 images
It says about 20minute grace period of hazards on which they haven't adhered to and point 6 says although frowned upon the propertier may request a quashing of the notice at any given time. She has tried to make contact with them to do this but has been unable to.
Her letter states that they did employ ES at the time of when this happened, will thus help?
Thanks

Lamilad wrote: »

It's a good letter from the landowner but it doesn't offer anything to the judge to help him/her understand whether or not a contravention has occurred. It might prove useful but it depends on the judge so I wouldn't rely on it too much.

The contract on the other hand could be very useful if you can find something in there that they haven't complied with... for e.g. it says they will take 4 pics of the vehicle - did they do this? If you can show that they haven't complied with their own contract that should be "damming" as it will mean no contract was ever formed

Dot2101

Very strange... received witness statement to the address that has always been used for all correspondence on the 23rd march (ahead of schedule) I sent mine over on the 22nd march. However just received another copy of this dated 4th April to my current address and no idea how they would have this address. Looked back at documents and haven't listed it before.
Witness statement has no surprises in it and very short, less than 4 pages and clearly just a blanket statement. Mentions that they argue lighting would not be an issue as the headlights would light up the entrance sign (?!?!) I've never mentioned this and why would you have your headlights on at a lunchtime on a July morning, ridiculous!
. Formulating skeleton argument to send in, case is on Tuesday aiming to send it by the end of tomorrow along with costs schedule! Things seem to have gone quiet on their cases front, odd few in court each week, not seen anything on here recently either and I'm checking everyday. hoping this time next week this will all be over for good!