Case Adjourned : 14 days to deliver another Defence and claimant has 14 days following to reply

chad888

Case was heard this morning.

Leading up to this, the claimant claims that on 4 instances the vehicle did not adhere to the contract 3hr 16, 3hr 20 and 3hr 21 (noted by parking attendant) and 4hr 29 (noted by ANPR).

The court proceedings ruled that we had to deliver witness statement to the other party by 14 days before proceedings. By the date in question, the claimant had not delivered any evidence or witness statement and so I had to second guess what was going to be included in the evidence. Unfortunately when I received the evidence, it included the times of parking (not included in particulars of claim) and so the fact that the site owners agent and the parking company have a 4 hour, plus 20 minute grace period was still being followed by me.

It came to cross examining the claimant (a solicitors agent representing ELM hired by Gladstones - the judge ruled against me questioning right of audience because sometimes companies cant attend and ELM is a legal something something).

I went straight in to the "I was well within time by half an hour on the 3 cases", the other side exploded in to "its an ambush, it wasn't submitted in the witness statement, it should not be allowed in court as my evidence". I responded with "it was submitted in the evidence, it is in the claimants own evidence pack, i could not include it in my evidence pack because i was unaware of the times i had stayed and the contract that horizon had with the land owner when i wrote my witness statement because horizon cynically posted it out on the day it was to be delivered.

The judge didn't want to get in to semantics regarding what was delivered and when, because i hand delivered my witness statement instead of official signed mail so both sides were in the wrong. She sent us out for 10 minutes so that the agent can phone Gladstones and request that we reach a settlement on the 3 charges.

After the 10 minutes we returned and Gladstones informed them no settlement, carry on with the case. They then argued that the contract site services agreement that states 4 hours is under a privacy agreement and should not be included in the case and the contract in question is between myself and the parking company and that is the contract displayed on the signs and then brought up (i think the Beavis case) stating that the parking company needs no legal something to place a contract on the land and that for example they can write up a contract with me to buy buckingham palace and despite not having any claim over the land I would still be under the provision to pay that contract for Buckingham palace but walk away without.

There was tonnes of legal jargon and case law used by the claimant and i didnt understand really, the judge was arguing on my side trying to stop the agent making strawmen arguments and then using case law against those strawmen, despite them being nothing related to my point.

I argued back that if they are saying they are operating under their own terms for this land and not the site owners then under what contract authority are they allowed to bring this claim in their own name for something that they legally have no ties to.

The judge said that she had other hearings to attend and adjourned the case so that i can fully write out all my evidence now that i have the claimants pack, and then they have 14 days to respond to that with law showing they are allowed to bring claims in their own name under their own terms against the services agreement.



That said, I now have 14 days so if anybody is well versed in witness statement and evidence production could they please PM me and we can work through it together, or give me pointers. I'm just a early 20s kid facing a parking company making generic claims trying to get 4 parking tickets, 3 of which i was actually within the allowed land owner time. facing a bill of £1000 (175 x 4 plus interest and legal fees.

waamo

Cut and paste this into your existing thread. Nobody wants to go searching through multiple threads to read the background.

This one can then be left to die.

System

they have 14 days to respond to that with law showing they are allowed to bring claims in their own name under their own terms against the services agreement.

That is the core as you know, as the judge knows and as Gladstones know. We'll see if they come back and suspect they won't.

The Buckingham Palace argument is just plain nonsense - as the SLA proves.

Also gives you time to ask why Horizon were thrown off. Suspect it is not performing to the SLA and the client didn't buy the Buckingham Palace argument either. What is the point of an SLA if they decide to make up their own rules based on some stupid comment picked out - out of context - from a technical tax case.

Redx

pm soolin or crabman and ask them to merge this thread into your previous ongoing thread