Minster baywatch

Blossoms17

Do Gladstone's need to provide proof of contact between claimant and the landowners?

nosferatu1001

As you!!!8217;ve managed three posts in quick succession...

1) witness statement is what you!!!8217;re doing. Series of facts. ONLY - you are the RK of vehicle with vrm.... is a fact. I!!!8217;m not liable is an argument.
2) what do the further particulars actually say? Do they now give a single cause of action?
Signs - so they claim the signs were there on that day. You put them to strict proof f this.
3) if you put them to proof they have authority in your defence, yes. But they won!!!8217;t provide that 7ntil the ws exchange
When is this? The court hearing letter specifically tells you when all documents - ws , other evidence - must be received by all parties.

Blossoms17

Hi, sorry, for some reason some of your points aren't clear due to numbers jumping into the text. I'm just asking the question re proof of contract with landowners. The landowners were reel cinemas and they have now moved so all the signage has disappeared. The court letter states all docs need to be submitted at least 14 days prior to hearing. It doesn't state if it should be skeleton or ws. I'm just wondering if I should do both or one or the other.

The particulars just state how they act on behalf of claimant and are entitled to the ridiculous sum of 100 plus costs etc. They also state I am the keeper and the driver on the date In question.

Blossoms17

Hi, I've sent a witness statement prior to court on 3rd May, this case was transferred from Wigan to york as I now live in york. However bmpa have made a comment about a number of cases being held here in york which I read as meaning it may make it less likely for me to be able to win my case. I don't know why that might be. Does anyone know about this? I have not pointed out why I was in the car park in my was but have stated that I only entered and had to stop to read the sign which wasn't possible from the road. Gladstone's has sent pictures of many signs that I don't recall or didn't see so I have also disputed this. I've spent many hours on this which has meant my MA coursework has suffered somewhat. I really am beginning to wonder whether it will be worth it to me now.

Redx

I would suspect its because MB are maybe based in York, so are more likely to defend cases locally and are more likely to be known to the court, than say in Wigan or Bournemouth etc

Blossoms17

Well after all the comments I've read on here about going for it and having my day in court and most cases are in favour of the defendants , I now feel deflated and defeated. Who are bmpa? They contacted me recently for an update but seem to give slightly different advice. I must explain why I was on the car park for 13 minutes without paying. My argument was that they need to prove the signs were displayed as they say they were and that they must prove a contract existed between the landowners, incidentally the firm no longer manage that car park as the reel cinema company has gone.
It all seemed to be very positive on here but I think I've wasted so many hours and stress levels on this whole thing it was probably better to just have paid.

Blossoms17

MB are based in york however Gladstone's are in Warrington, I have also asked if they have ROA so wonder how likely that would be if they have to come from Warrington to york? Clutching at straws possibly. Help please!

Blossoms17

[From a purely dispassionate point of view it is often financially better sense to pay the Dane. However have you read Pastor Neimoller's poem?/QUOTE]


@The Deep| what?? Why have you just popped up saying that after months of being told the opposite on here and after reading all the newbies forum posts??

nosferatu1001

If youre doing an MA you really should understand the reference given. Paying the Dane just means they come back wanting more. O bviously

Having a reason for why the vehicle was there is of course good.

Coupon-mad

this case was transferred from Wigan to york as I now live in york

One of the worst Judge's decisions I've ever read in a PPC case, was Janeo's case on pepipoo, that I think was at Wigan. Clueless Judge. So be glad not to be there!