Court hearing - Gladstones Solicitors - P4Parking

The_Deep

I have not read the whole thread, am I wrong in thinking that the contract expired in 2014? Also I saw "Elliot v Loake" As they know that this will not fly, should not OP complain to the SRA that they are deliberately trying to mislead?

Nameless

The_Deep wrote: »

I have not read the whole thread, am I wrong in thinking that the contract expired in 2014? Also I saw "Elliot v Loake" As they know that this will not fly, should not OP complain to the SRA that they are deliberately trying to mislead?

point 6 mentions that it will be rolling contract unless terminated - so not sure how much it will hold to say it was not renewed.

Nameless

Le_Kirk wrote: »

Looking at your WS, in your point 4. you have an extra "that."

Still not sure why you are trying to send a WS and a defence at the same time. Surely your defence has already ben submitted!

The court documents will tell you where to submit your WS.

Courts docs say I need to send the WS to the claimant and the court office - but does not state how I can send it to them. Ive just emailed the court to ask if I can email them the WS.

Thanks

Nameless

They responded I can email in my docs - so will email WS to both court and gladstones in the next few days.

Guys appreciate all the help given already, please, if there is anything else that will help me win this case I would really appreciate it.

Thanks again

KeithP

It's usually suggested here that you hand deliver the Witness Statement and Evidence to the court.

It is your local court, isn't it?

The reason for that is that you are able to present it neatly in an indexed and paginated folder/binder which makes it easy for the judge to navigate.

By asking the court to print it, you are giving away all this control.
Firstly, you have no idea whether they will print all of it. Will the pages be in order? It certainly won't in a tabbed and indexed binder.

Yes, by all means send the Claimant a copy by email.


Just had a look at your Witness Statement:

1) Why does the statement of truth mention Defence?
2) the paragraph numbering starts at 1 twice.
3) your WS makes no reference to any evidence. Have you looked at any other WSs?
4) are you going to include any evidence? For example, the visitor's permit should be included so that the court can decide whether or not it had been tampered with.

Now looked at the Claimant's WS:

1) You've left the claim number and PCN number visible on the dropbox image.

nosferatu1001

OP - your defence can state "they do not have standing to offer parking contracts on teh site" and then, when you get sight of theri contract, point out all the ways the contract is deficient.

I will not follow links, as I am work blocked, however did they really write "defence"? Now bearing in mind the claimant does not write a defence - they are the claiamnt, they write a CLAIM! - are you not maybe mistaking them answering your defence points, in their template "the defence is rubbish for various reasons"? THIS they can do
What they must not do is introduce claims not advanced on the claim form PoC. So if you can identify new arguments then you in your SKELETON ARGUMENT (an optional document) summarise these, and ask the court to trike out the claimants WS as making statements of claim different to the filed CLaim Form

Nameless

KeithP wrote: »

It's usually suggested here that you hand deliver the Witness Statement and Evidence to the court.

It is your local court, isn't it?

The reason for that is that you are able to present it neatly in an indexed and paginated folder/binder which makes it easy for the judge to navigate.

By asking the court to print it, you are giving away all this control.
Firstly, you have no idea whether they will print all of it. Will the pages be in order? It certainly won't in a tabbed and indexed binder.

Yes, by all means send the Claimant a copy by email.


Just had a look at your Witness Statement:

1) Why does the statement of truth mention Defence?
2) the paragraph numbering starts at 1 twice.
3) your WS makes no reference to any evidence. Have you looked at any other WSs?
4) are you going to include any evidence? For example, the visitor's permit should be included so that the court can decide whether or not it had been tampered with.

Now looked at the Claimant's WS:

1) You've left the claim number and PCN number visible on the dropbox image.

Thanks for that - it is my local court - so i can drop it in by hand. As my WS and evidence will be a few pages only i thought i could just number and scan into pdf and email.

I will remove the defence part from the WS thats just the points to mention in court by myself.

I will add the permit picture and pictures of the signs as evidence. Do i need to submit anything as evidence regarding the argument point that they did not identify the driver?

If i refer to the WS of the claimant, will i include the claimants ws in my WS?

Nameless

nosferatu1001 wrote: »

OP - your defence can state "they do not have standing to offer parking contracts on teh site" and then, when you get sight of theri contract, point out all the ways the contract is deficient.

I will not follow links, as I am work blocked, however did they really write "defence"? Now bearing in mind the claimant does not write a defence - they are the claiamnt, they write a CLAIM! - are you not maybe mistaking them answering your defence points, in their template "the defence is rubbish for various reasons"? THIS they can do
What they must not do is introduce claims not advanced on the claim form PoC. So if you can identify new arguments then you in your SKELETON ARGUMENT (an optional document) summarise these, and ask the court to trike out the claimants WS as making statements of claim different to the filed CLaim Form

Yeh, I will have to raise the issues in court myself bow that ive seen the cintract etc.

In the claimants WS - they start off with WS and then have a subheading ‘defence’ which is where they respond to all my points of defence i submitted.

I have been told i cannot respond to these points in my witness statement, but will have to raise them with the judge when im given a chance in court.

nosferatu1001

No, you do not need to include theirWS, as they have filed it with court and obviously they have it!
You jsut use their references

Re: defence - WEll yo ucan do so, but its better in a skeleton argument. POint out all the mistakes theyve made. There are usually dozens.

Nameless

nosferatu1001 wrote: »

No, you do not need to include theirWS, as they have filed it with court and obviously they have it!
You jsut use their references

Re: defence - WEll yo ucan do so, but its better in a skeleton argument. POint out all the mistakes theyve made. There are usually dozens.

Please mind my ignorance, so a skeleton argument is a separate document that outlines the bare-bones of my arguments which I will flesh out in court?

And do I have to submit this to the court and claimant as a separate document to the WS?