Appeal dismissed by IAS

Snakes_Belly

With the help of CM and others on the forum I have a good Defence that I can argue in court. Thank you.

There is just a point that arose yesterday in another Excel case which was adjourned. As in my case Excel had failed to produce the contract with the landowner/leaseholder after asking for this document on numerous occasions. Instead they produced (at court stage) a witness statement which was totally meaningless. I wondered if I should add this paragraph to my Defence. There was also a fairly recent case whereby the case was virtually thrown out immediately because there was no authority from the landowner.


15.1 It is believed that the Claimant does not occupy the land at Derby Street but acts as an agent for the landowner/leaseholder on a contractual basis. There is no evidence that business rates are paid by the Claimant on this land. The Defendant respectfully requests that the Court has sight of the contract between the Claimant and the landowner/leaseholder allowing the Claimant to pursue charges through litigation. A witness statement signed by the Claimant is insufficient.

Coupon-mad

Yes that's OK to add.

Snakes_Belly

Thank you CM. Done, sent and showing on system as received.

Snakes_Belly

Received the DQ yesterday. I have read Bargepole's instructions. Just a couple of points please

I intend to get a letter from the doctor confirming that I am being treated for chronic migraine. Do I have to put anything in the witness part about this or does it just go in the bundle?

Also do I send a copy to Excel the same way as everything else (proof of posting).


Thank you.

Coupon-mad

I intend to get a letter from the doctor confirming that I am being treated for chronic migraine. Do I have to put anything in the witness part about this or does it just go in the bundle?

Nothing with the DQ, your evidence all goes with your later Witness Statement.

Also do I send a copy to Excel the same way as everything else (proof of posting).

Yes, FREE proof of posting (never signed-for), or email it to them.

Snakes_Belly

http://parking-prankster.blogspot.com/2014/08/parkingeye-spanked-in-court-judge-sees.html?m=1


Just posting local cases in preparation.

Snakes_Belly

I have today received a letter from the County Court. It states that the District Judge proposes to dispose of the claim without a hearing by papers alone. Both parties have to agree.

I am not happy about this at all and would much prefer an oral hearing however I do not want to upset the judge.

The letter also states that refusal to have the claim disposed of without a hearing will be taken into account in deciding where the hearing will be held. I don't want to travel to Sheffield. I would have to stay overnight in a hotel.

I have until 4pm on 28th November to respond and if I do not indicate agreement directions will be given for a hearing to take place.

After going through two appeals effectively on paper I really would like to be able to have my say. I did not choose to go to court. The PPC has instigated this.

Fruitcake

You could ask for an oral hearing and explain your reasons why. You could also point out that you are a litigant in person and would be seriously disadvantaged if you were not allowed to question the claimant's statements who are being represented by a large company of legally qualified solicitors.
You would also be seriously financially disadvantaged if the hearing was not in your local court, unless the judge is prepared to allow hotel and travel costs to a distant location should you win.

Snakes_Belly

Thank you Fruitcake. Yes, I agree with explaining my reasons in a covering letter is a good idea.

If I got to court and lose I will have given it my best shot. If I have a papers only hearing and lose I will wonder if I could have won if I had been there.

Papers means that someone from the legal team will be dealing with the case. Court means a local solicitor or someone like Mr Pickup.

beamerguy

Thinking about the DJ wanting a paper hearing

Could it be that because it's Excel, the court has already decided the outcome ????

What do others think ?