Parking in own space - Gladstoned

KeithP

I would suggest that you would be at a serious disadvantage if the Claimant (or the Claimant's representative) turns up and you decide not to.

If that were to happen, you would need a very good witness statement and strong evidence supporting it.
You would also not be in a position to challenge anything the Claimant may say in court.
And if you were to lose, then how would you challenge their excessive costs?

As has already said, you need to give at least seven days notice of non-attendance. Upon seeing that, if I were the Claimant, I would make damn sure I attended.

If you are thinking of not attending, think very carefully.

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Quentin

johnsmith1890 wrote: »

.......given the inconvenience of the court location - inconvenient for both parties, I would say.

You could choose the venue couldn't you?

[Deleted User]

KeithP wrote: »

I would suggest that you would be at a serious disadvantage if the Claimant (or the Claimant's representative) turns up and you decide not to.

If that were to happen, you would need a very good witness statement and strong evidence supporting it.
You would also not be in a position to challenge anything the Claimant may say in court.
And if you were to lose, then how would you challenge their excessive costs?

As has already said, you need to give at least seven days notice of non-attendance. Upon seeing that, if I were the Claimant, I would make damn sure I attended.

If you are thinking of not attending, think very carefully.

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

No, we are definitely attending. However, in an almost identical case (pertaining to the same location, and same scammers), they - the scammers - didn't turn up but did submit papers: they lost. We now have a load of detail from the defendants in that case; it's really useful stuff and we'll be using some of it in our witness statement and submissions.

[Deleted User]

Quentin wrote: »

You could choose the venue couldn't you?

No. Northampton is forcing us to travel almost 70 miles into central London, as opposed to two miles to the local court - the court we requested. Their reason is a "large backlog of cases in the Thames Valley region".

Redx

thats only if you turn up, you could ask for it to be "heard on papers" if you wanted, meaning nobody would go, but if the other side turned up there is nobody on your side to refute any claims being made etc


attendance is not mandatory, plus if the claimant wanted to do so they could hire a local gun to go for them, many do


as for gladrags, they always ask for the special directions and heard on papers, have done for years, nothing to do with your case per se

[Deleted User]

Two further questions in connection with the Witness Statement: as part of the submission we're including a copy of the lease, but would the Court require the whole lease (20+ pages) or just copy of the relevant section (1 page). Does a copy of all submissions go to the solicitors, the scammers, or both? I thought just the solicitors, but I hear from elsewhere that it should go to the scammer.

KeithP

Take the whole lease with you on the day, but only need to include pertinent paragraphs with your Witness Statement.

If the Claimant is represented by a solicitor, then you deal with the solicitor, not the Claimant. Your Claim Form gives an 'address for documents'.

[Deleted User]

KeithP wrote: »

Take the whole lease with you on the day, but only need to include pertinent paragraphs with your Witness Statement.

If the Claimant is represented by a solicitor, then you deal with the solicitor, not the Claimant.

Excellent. Thanks.

[Deleted User]

Definitely the last question for today, and apologies for the continued requests: we're citing a recent case identical to ours, in the same block, and where the scammers lost. However, we don't have a copy of the judgement (I think it costs £50), so would that be held against us if we reference this case in the WS without providing a copy? I think we have sufficient detail of the judgement, just not the verbose document. Thanks.

beamerguy

johnsmith1890 wrote: »

Two further questions in connection with the Witness Statement: as part of the submission we're including a copy of the lease, but would the Court require the whole lease (20+ pages) or just copy of the relevant section (1 page). Does a copy of all submissions go to the solicitors, the scammers, or both? I thought just the solicitors, but I hear from elsewhere that it should go to the scammer.

You seem to think there is only one scammer here ... both are ?

I hope Gladstones are reading this as your lease will probably scupper them in court.

Best for them to discontinue as they do