fluttering ticket going to court

Loadsofchildren123

1. Can you read the last two lines of your WS? [the Statement of Truth]. Is that your signature?


2. Can you please read out para x of your statement [the para where he says exhibited at x is a copy of the signage]? Can you please look at the pictures at pages x and x of the Defendant's bundle? Are those different to the one exhibited to your statement?


3. Can you please explain why you signed your WS, which bears a Statement of Truth, asserting that the sign exhibited at page x was an accurate copy of the signage displayed at the site, when I have shown you that this is not true?


And then I'd go on to ask questions about who prepared his statement, did he read it and check it when he signed it etc.


Do write asap and put them on notice you expect the witness to be at court because you want to cross examine him. Witnesses should always be present, but because these are low cost small claims they usually don't turn up (particularly if the court is not their home court).

Loadsofchildren123

I think perhaps you can also ask him about the entity which is named as landowner in that contract - what is it? what legal personality does it have? it isn't a company registered with Companies House.


If W doesn't turn up you can make a song and dance and wave around your list of questions to show the judge that there are valid questions for this witness to answer and you now can't ask them (and the rep won't know the answers).

Loadsofchildren123

You could also ask him what the reference numbers on the back of your ticket mean. I doubt he'll know.

Fruitcake

Use "please will you" not "please can you".

There is a difference between being unwilling to state something and being unable to say it.

Are you going for a DPA breach since the entity on the landowner contract isn't registerd at Companies House?

claxtome

Thanks Bargepole, LoC and Fruitcake for help with suggested questions.

Have requested that the Claimant's witness to appear at court for me to ask them questions and cross examine.

Are you going for a DPA breach since the entity on the landowner contract isn't registerd at Companies House?

I wasn't going to. Do you think I should?

Fruitcake

claxtome wrote: »

Thanks Bargepole, LoC and Fruitcake for help with suggested questions.

Have requested that the Claimant's witness to appear at court for me to ask them questions and cross examine.


I wasn't go to. Do you think I should?

Can someone confirm please->
The legal entities (cases) I have referred to I assume I need to print out the case summaries for? (3 copies)
Anything else I need to do?

If they had no right to access your data, then a DPA claim is perfectly valid. If you make a counterclaim, then it means even if they cave in and give up on their claim against you, you still get your day in court. A DPA breach is worth about £500 to £750, and you do not need to prove you have suffered any loss or damage.

Loadsofchildren123

It's too late to pursue it as a counterclaim now, you'd have to do it as a separate claim.

Loadsofchildren123

Anyway, if you're reading this, good luck.

claxtome

I am not intending to do a counter claim if indeed it wasn't too late but thanks for the advice Fruitcake.
Thank you LoC once again for your advice.

Just received this via email->
"
Dear XXXXXX

We act for the Claimant.

Please find attached our Client’s Notice of Discontinuance that has been filed at the Court.

This matter is now concluded.

Yours Faithfully

Samantha

Litigation Assistant
Gladstones Solicitors Limited
"
:j

The attachment looks like an official "Notice of Continuance" document.
It was due to go to court tomorrow afternoon.

So will phone and check in the morning around 10am to make certain and be prepared to turn up unless I have official confirmation.

The gutting thing is my costs schedule was for around £110 which I am not sure I can claim now

Loadsofchildren123

no. no. no.


This matter has not concluded.


There is the question of costs which you conveniently disregard.


Claxtome, go to peperlini's thread and use her precedents to apply for costs. You'll see the court wouldn't give her costs, but it was worth a try and in fact the court was wrong (see my post - I think you should probably insert into the letter that the quoted rule doesn't apply to this scenario). I'll try and post a link in a minute.


The costs you need to apply for are your costs of preparing your defence, WS and all the prep you did for court, site visits, stationery, postage etc.