Gladstones Letter Before Claim Oct 2018 - How should I respond?

KeithP

StubbornGoat wrote: »

Or do I simply put Witness Statement, Claim number XXXXXX

That's good but I would also add the date of the Hearing and the name of the Witness - i.e. your name.

StubbornGoat

I've just got back.

I ended up addressing it to the court manager with the claim number and date on it.

Will be ringing them tomorrow to see if GS have submitted their WS as today is the deadline and not providing me with their WS puts me at a disadvantage.

Thanks Keith.

SG

StubbornGoat

So the hearing date is 13th August and I only received GS Witness Statement yesterday (3rd August). They even dated it 1st August and the postage mentions 2nd August. All 3 of these dates is not compliant with the court order that "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing"

Their WS also has arguments against everything I put in my WS that was sent to them. This is grossly unfair in that they simply waited for me to "show my hand" first so that they could put together a stronger argument in their WS.

Either way... now that I have received their WS, it would be prudent of me to defend each point they raise (in a Skeleton Argument along with my costs I wish to claim?). And on first glance their are a lot of points they raise that have been rebuffed hundreds of times on this forum.

I'm going to go through it today and tomorrow, but if you would like to have a read (and offer any help, point me in the right directions etc) then I have put it online (I hopefully found a easy way for you to view it)

https://online.flippingbook.com/view/934036/

Thanks in advance for your help

SG

PS. I will also be contacting the court tomorrow morning (Monday) to see if they paid the trial fee in time.

Quentin

They must have paid otherwise there would be no hearing booked and no ws from the claimant!

StubbornGoat

They must have paid otherwise there would be no hearing booked and no ws from the claimant!

The hearing already had a date, and they submitted their WS late, so I want to make sure they paid the fee before the deadline which was 4pm 1st August.

They likely did. But you never know.

SG

StubbornGoat

Advice please:

In the Claimants Witness Statement, they have 2 appeal letters which have me speaking in first person "I parked in a Visitor Bay" "I was parked"... etc

Now, the likelihood is that my wife was the driver on the night as we had gone out for a date night that night (and probability of me being the one drinking is likely as she doesn't drink much) and this is indicated in my defence and WS. However I cannot remember 100% as it was over 3 years ago (though I do remember the date night, the sudden shock of seeing ticket on windscreen upon our return etc).

That being said, the main points I'm raising aren't about who was driving, it's about poor and inadequate signage. Especially when they were only installed just over a month prior to the date the charge was issued.

So do I ignore this part of their defence/ws or do I reply in my Skeleton Argument and back up my WS/Defence that I was not the driver despite writing the appeal as if I was?

Thanks in advance

SG

StubbornGoat

By the way... having used Google Maps and going around "the site" there are signs at the entrance (different to the terms and conditions sign which they show in their photos and WS) which state:

THE REEDS
This is a Private Development
Parking is Restricted to Residents Only

Which contradicts Claimants claim that an offer was made to the driver. Thus no contract was made or agreed to. Correct?

https://i.postimg.cc/JnFKx3WF/residents-only-no-offer-to-park-visitor-bay.jpg

StubbornGoat

Just politely bumping this in case anyone is online that can offer advice before my hearing next week.

I'm hoping that the signs I found (by going round the development via google maps) which declare that parking is for residents only should be a slam dunk win as it would clearly mean that no offer was made to the driver.

Can I print images of these off to bring to the hearing despite not knowing about them previously and therefore them not being in my defence/ws?

It would mean trespass, but that is not what the claimant is taking me to court for.

Hope you're all enjoying your Monday evening!

SG

[Deleted User]

CPM will argue that the outer sign is mere perimeter warning and the sign next to your car (which mirrors their contract with the owner) is adequate.

Could you have procured a visitor permit? Was this ever possible to perform as a contract? This wording is different to the words on the sign in my case...

StubbornGoat

Johnersh wrote: »

CPM will argue that the outer sign is mere perimeter warning and the sign next to your car (which mirrors their contract with the owner) is adequate.

Could you have procured a visitor permit? Was this ever possible to perform as a contract? This wording is different to the words on the sign in my case...

Thank you

Yes we could have as we did have a friend who lived there, but in all honesty - that's not why we were there that night. As mentioned previously we had parked there on numerous occasions without batting an eyelid (sometimes to visit friend, other times to park closer to train station)... however due to the newer signs being installed just over a month beforehand we hand on heart honestly didn't see the signs. They were high, and the were facing the wrong way to someone getting out of the car.

I will be arguing that there was no way we saw the signs. As per the IPC AND BPA code, it is highly encouraged to put a sign at the entrance. So why they decided against doing that, especially when there was already one there that said parking inside was ONLY for residents.. is beyond me.

Thank you again for your input Johnersh

SG