Pls Help - Court Claim Received / Horizon/Gladstones / Office car park

KeithP

Tinman45 said:

 Seems they dont even care about their own deadlines!

I don't understand that.

To me, it seems that the court is happy for the Claimant to rely on just their Particulars of Claim, and why shouldn't they be?

It is entirely up to the Claimant if they want to supply any further documents or evidence. It is not for the court to decide what the Claimant needs to provide to support their case.

Tinman45

well you'll have to forgive me being a complete lay person when it comes to the rules of the small claims court - i thought the rules are the same for both sides with submission of documents etc - and hopefully this is my first and last time i will have to bother about these details!

Coupon-mad

They are subject to the same deadlines, but the court can't force them to play ball.  If this gets to the hearing, the Judge will tear them a new one for this!

I hope you submitted a Summary Costs Assessment with your Witness Statement?  If so be ready to ask the court to grant your costs, like I suggested needs to be urgently done here:

https://forums.moneysavingexpert.com/discussion/comment/76885473#Comment_76885473

...because Gladstones are surely about to discontinue your case too (the clue is in the phone calls and the lack of WS and evidence!).  I predict you will not need that new suit for court!

Tinman45

@Coupon-mad - oh your advice was followed to the letter - my full costs schedule was exhibit 11 inc a bill for 20 hours of my hard labour for putting all this together !

Coupon-mad

OK, so be proactive and write to the court (to the Judge by name) over the weekend if the WS does not materialise.    

Write using the words in the linked thread, about Dammerman test for 'unreasonable conduct' being met and that you fear a discontinuance with days to spare, leaving your costs unpaid, and so you wish the Judge to assess your costs, in the event of the expected discontinuance, due to their complete disregard for the court and consumer interests, in adding spurious sums to all claims then running away from those where the Defendant exposes that they are trading in a way that does not appear to demonstrate integrity or a social conscience.

Tinman45

thanks @Coupon-mad will do

at this point after all the loss of sleep, anxiety and stress this matter has caused... being dragged into the Courts over alleged Parking charges and having to spend my evenings and weekends over the last year or so on research and write ups on this nonsense ... time i should have spent with my children which i’ll never get back - i seriously feel like suing them all back

be interested to hear whether i would have a case, could even crowd fund it and take it all the way  

Tinman45

Coupon-mad said:

OK, so be proactive and write to the court (to the Judge by name) over the weekend if the WS does not materialise.    
Write using the words in the linked thread, about Dammerman test for 'unreasonable conduct' being met ...

I sent the letter on Sunday - however have checked my Email Junk box today and found their Witness Statement from Friday 28/02 - but this is still 1 week late on the 14 Day deadline on the original Local CC letter
slight feeling of egg on chin on the letter - but appreciate any advice on how to play up the 1 week late WS from Claimant in Court - it could still be in my favour

Tinman45

@Coupon-mad @KeithP @Le_Kirk @nosferatu1001 @Redx @Castle @DoaM @beamerguy @Johnersh @The_Deep @Quentin - and all,
please see attached the Claimants WS - details fully Redacted 
i appreciate your review and any (weak) points you feel i can highlight to the Judge 
the main things i can see are 

• Claim the signs were clear when they were not
• No Landowner Contract (only a bogus contract from the "Leaseholder")
• Claimant "can sell Buckingham Palace" or "sell short" without needing a contract in place (Point 25)
• Claimant "deny the assertion it is are seeking more than £80" (point 26)

Again i hope this helps others - hence posting - but also appreciate any of you guys commenting on the points i can highlight

This is the final-countdown for me - appreciate all the help!

Umkomaas

Them praying in aid the BPA Code of Practice for the additional costs (up to £70) only came into force in January this year. It was certainly not in force at the time of your PCN. However, the fact that the BPA have bowed to PPC pressure to add this to the Code of Practice does not make it legitimate as the Judges at Southampton, Warwick and Skipton have already determined. 

Check out the signatory on the leaseholder/MA WS as to who he/she really is - LinkedIn/Facebook/Twitter might reveal something. 

Where is the WS of the 'warden' - their WS suggests it should be attached. 

Ask that the 'warden' attend the hearing for questioning - whether they submit a WS or not. 

nosferatu1001

They havent supplied the contract. 
Just a witness statement 
Hearsay upon hearsay. NEITHER witness will be in court. 
Why not just produce the contract? WHAT are they hiding? Thats a clear question to ask the court.