1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

Loadsofchildren123

yes if no WS then the defence and the photos/plans she produced on the day. Kezza's thread does say in 2 places that she filed evidence - post 35 says judge read their evidence then hers, but perhaps she just meant defence. The defence is good enough anyway I think because it refers to the 2 car park issue/no signs or demarcation.


I've sent you a message - I think you should send that drop hands offer today, and iin the letter just refer to kezza's case and say you will be relying on her defence/evidence, and they will already know exactly what that was because it was served by her weeks ago and it's the same Claimant and they were also acting. Then send the statement in an open letter as soon as you can.

Loadsofchildren123

If Kezza can confirm in the WS that the two of you took the same/very similar route, that would be good.

Coupon-mad

I've sent you a message - I think you should send that drop hands offer today, and iin the letter just refer to kezza's case and say you will be relying on her defence/evidence, and they will already know exactly what that was because it was served by her weeks ago and it's the same Claimant and they were also acting. Then send the statement in an open letter as soon as you can.

claxtome, do send them separately, I agree, you don't want the WS from Kezza to be attached to a letter marked 'withhout prejudice' because it stops the comms being used in court (which is OK for the drop hands offer but not for the WS from Kezza).

Both LoadsofChildren123 and Johnersh are solicitors so take their forum advice on this important stage.

claxtome

If Kezza can confirm in the WS that the two of you took the same/very similar route, that would be good.

From what Kezza15 has said to me previously about the fence and rubble she must have followed a very similar route to me. (She sent me a message saying she is too busy to reply)

Also in her message she has confirmed she did send a witness statement and photos. Sorry for confusion.

claxtome

My final version of 'drop hands' offer is now worded as follows, any comments before I send it this afternoon around 4pm?

Without prejudice save as to costs
To whom it may concern

I am writing in regards to Claim Number XXXXXX which goes to court on Thursday XXXX October.

I am aware that your client lost a claim in respect of the exact same car park, in the same court, last week on [date], and that the successful Defendant relied on all the same facts as me (inadequate signage, no barrier/demarcation between the two parts of the car park) – Claim number XXXX”

I put you on notice that I will rely on that case in support of my defence and I will be relying on the defence and witness evidence produced by the Defendant in that case. You and your client are already familiar with the contents of that defence and witness evidence, given that you acted and it is the same Claimant.

In the circumstances, the Claimant is invited to withdraw his claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 7 days from the date of this letter.

The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27

[Deleted User]

Just post it. If Kezza15 is super busy follow the LoC123 approach outlined above, to exhibit the statement (if you can get it) to a further statement from you. It has all the merits of not, in fact, being "new" evidence at all.

Nothing should however delay your drop hands offer.

Jay_boydzy

Sos! Could someone please advise.
I was issued a parking charge notice dated the 27th of September from parking eye, but the offence took place on the 6th of may. Do they really have the right to delay such a penalty?
Jay ��

DoaM

Please start your own new thread ... your case is entirely unrelated to this thread. As such you will not get help on this thread.

One case - one thread ... that's how we work here, to avoid confusion.

Coupon-mad

claxtome wrote: »

My final version of 'drop hands' offer is now worded as follows, any comments before I send it this afternoon around 4pm?

Without prejudice save as to costs
To whom it may concern

I am writing in regards to Claim Number XXXXXX which goes to court on Thursday XXXX October.

I am aware that your client lost a claim in respect of the exact same car park, in the same court, last week on [date], and that the successful Defendant relied on all the same facts as me (inadequate signage, no barrier/demarcation between the two parts of the car park) – Claim number XXXX”

I put you on notice that I will rely on that case in support of my defence and I will be relying on the defence and witness evidence produced by the Defendant in that case. You and your client are already familiar with the contents of that defence and witness evidence, given that you acted and it is the same Claimant.

In the circumstances, the Claimant is invited to withdraw his claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 7 days from the date of this letter.

The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27

Just get that posted/emailed first!

Then the WS from Kezza follows, like a nail to the coffin...

claxtome

Drop Hands offer sent via email to administration email address at gladstones (administration@gladstonesolicitors.co.uk).
(I didn't use enquiries@gladstonesolicitors.co.uk but upon reflection could have done).
Is there another email address at gladstones I should send it to?