Court proceedings for auto repair visit

The_Deep

So many people seem to struggle with the paperwork when they get an LBC, is it really that difficult?

Lamilad

I would stick with the Johnersh wording... with a few additions.

In light of the above, along with the other points raised in my defence, I believe that this claim has no realistic prospect of success and I offer to allow your client to withdraw this claim. [STRIKE]As a gesture of goodwill I extend this offer to your client to discontinue without seeking recovery of my costs thus far.[/STRIKE] [FONT=&quot]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 [ ] days from the date of this letter.

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[STRIKE]This is a generous offer given the overwhelming evidence that your client was mistaken in pursuing me and is likely to incur costs in continuing to pursue this matter. I trust you agree.[/STRIKE] [FONT=&quot]The terms of this offer have value to the claimant insofar as the defendant will not seek his costs of defending the action, where recoverable and will not pursue any additional but related claim(s) in connection with the unauthorised ticketing on a roadway where railway bylaws have authority. [/FONT][FONT=&quot]I trust you agree [I know you want to keep this line]
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[STRIKE]Please let me know by no later than 1 November 2017 if your client agrees to this offer to discontinue.
[/STRIKE] 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.

Should the case proceed to a court hearing I put your client on notice of my intention to issue separate proceedings against them for breach of the Data Protection Act. This will be based on the fact your client had no authority to issue parking charges on the land in question and as such had no 'reasonable cause' to request my details from the DVLA and then use them to pursue this unmeritorious litigation. [STRIKE]where I am successful, this clear infringement of the International Parking Community's Code or Practice will be reported to the DVLA with a request that your client is suspended from further access to the registered keeper database.[/STRIKE]

I will also pass this information, along with your client's breach of the IPC Code of Practice on to the DVLA by way of a formal complaint with a recommendation that they are suspended from further access to the registered keeper database.

Keep the header "Without Prejudice, Save as to Costs" This is to prevent them twisting anything you've said and try to use any of it against you in court.

Lamilad

The_Deep wrote: »

So many people seem to struggle with the paperwork when they get an LBC, is it really that difficult?

This OP is long past LBC stage... Now at DQ.

The_Deep

Yes, but that was not what I asked.

foofcat

The Deep, It turns out I completed the paperwork exactly as I should have once I started using this forum. It's only now at DQ stage where I had a moment of doubt triggered by the fact that from here on out I need to be be serving copies to the solicitors as well as filing with the court. I hope this clarifies. As a more general answer to your question, I suspect many people have no frame of reference for being taken to small claims court and want to make sure they're not missing anything or making incorrect assumptions. Just a theory.

Lamilad, that's really helpful as ever thank you! Just a question to make sure I understand the approach here:

[EDIT: Deleted as a precaution so as to not prejudice my w/p emails]

I think this means (1) I won't seek costs thus far nor will I pursue any counter claims on the basis of byelaws but (2) f they don't drop the claim, I will be pursuing a claim of my own for DP breach / unreasonable cause.

Is that right? So if so, my question is if they drop that case, does that mean I wouldn't be allowed to look into a DP breach claim because this particular claim was dropped?

Thinking about it now, I'm going to give them a time limit of 7 days. Is that reasonable?

foofcat

Also thank you Lamilad for keeping in "I trust you agree"

It made me smile that you indulged my desire to throw that annoying line back in their face

Lamilad

think this means (1) I won't seek costs thus far nor will I pursue any counter claims on the basis of byelaws but (2) f they don't drop the claim, I will be pursuing a claim of my own for DP breach / unreasonable cause.

Correct

So if so, my question is if they drop that case, does that mean I wouldn't be allowed to look into a DP breach claim because this particular claim was dropped?

Technically, yes, that's correct. But, if you wish to pursue the DPA claim regardless (and, tbh, I hope you do as you'd have a really strong case) then just remove that bit of the DHO and leave the stuff and about each party bearing their own costs and you not pursuing costs for unreasonable behaviour

foofcat

Technically, yes, that's correct. But, if you wish to pursue the DPA claim regardless (and, tbh, I hope you do as you'd have a really strong case) then just remove that bit of the DHO and leave the stuff and about each party bearing their own costs and you not pursuing costs for unreasonable behaviour

I think I'm going to err on the side of caution and do just as you've advised. I don't even think it's worth mentioning that I'm going to counter claim down the road, because they may just decide it's better to try and fight it in court in the hopes of winning which I'm guessing would limit my ability to counter claim..?

Also you referred to Jonersh's wording which I think was simply along the lines of "please find enclosed defence statement & DQ", which I've already sent to Gladstones. To make sure I haven't got my wires crossed, are your edits keeping in mind that the top half of my email will stay as is (per post #99)? I.e. from "Without Prejudice" up until "..making your client's pursuit of this matter even more misguided." ?

Sorry if this is getting confusing, my cold is getting worse and worse. In any case, I will tweak the whole email using your wording (but not mention a counterclaim for a DP breach) and repost it here.

Also by way of a general update: I've emailed the court with my DQ (and as mentioned, served it to GS using Jonersh's wording, but no mention of a DHO offer in that email). In the end I downloaded the form and filled it out that way instead of messing about with scanners.

foofcat

Heads up all, I've asked for my username to be changed. Thought it wiser now I've been in touch directly with GS (using a very similar email address which was silly of me).

Also, I wonder if the "without prejudice" thing works on forum pots. Like if everyone put "without prejudice" in their signature would that mean solicitors wouldn't be allowed to even try and take anything from online posts to court?

The_Deep

Thank you Ruby, but I was just thinking out loud, the last claim I brought was a long time ago and I cannot recall any of these hoops. I understand that applications for benefits are similarly complex, but that there are an army of social workers and such available to help the claimants deal with the paperwork.