Court claim form - Horizon Parking

Coupon-mad

You need to read the threads by @Lego-9 and @keypulse, who recently won, and copy the style of their (much more detailed and stronger) WS and the other stuff they submitted (SUMMARY COSTS ASSESSMENT, for example).

Alarmingly, you have completely missed the VITAL stuff about the Consumer Rights Act 2015, the Beavis case paras 98 193 and 198 and the POFA 4(5) to attack the false added £60.  You seem to have missed reading about the Southampton and Skipton cases?

Where are people getting this dross from?

5. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

daniellog

I emailed the court to check that the hearing was still going ahead and they have confirmed it has, I suspect this might change though.

Due to the time constraints I had thanks to them moving the date forward for the hearing, I didn't have much time to work on my witness statement.

My Witness Statement - https://drive.google.com/open?id=1-FMo7Qjqa7jh2deMvXTNX-WsCwGDPAg_
My Evidence - https://drive.google.com/open?id=15CbjlcTk0fZDCysKWj88XUFKveE4jWzj

I got through the post horizon's witness statement and evidence,
Horizon Witness Statement - https://drive.google.com/open?id=1bpdXf2Dqfc1K0IioskCIgT7Ur123pA4j
Horizon Witness Evidence -  https://drive.google.com/open?id=1ku5_LkNeGqGEeHUj3skJfmsjt0YjQvzd

I would be super grateful if anyone can give me any pointers on what to argue on the day.

Castle

I can't see a landowner contract amongst their evidence.

Le_Kirk

Coupon-mad said:

Where are people getting this dross from?

5. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

I've lost count of the number of times I've had to point this out to posters (along with de minimis) - Latin terms used for the wrong reason.

daniellog

A couple of things I've noticed. They are using the same picture of the sign that is way too small at the entrance to the car park and trying to argue it is adequate. Also, I'm mentioned I my witness statement that the time restriction has now been increased in that car park since the PCN to three hours, not sure if I could use that as another argument?

Le_Kirk

Look for images (ask Auntie Google) of the sign that was used for the Beavis case and compare that to the one(s) in your case.  Regarding the increased time, it depends when that was introduced compared to your case.  It might be worth checking with the local planning dept if there were time periods specified when planning permission was first granted and if the PPC are having to fall in with those conditions.

daniellog

With the pandemic going on I got this letter from the courts today https://drive.google.com/open?id=1G6Yd1t_PO_KaDwcjY8F8xWGX9JAc5LDs
I'm a bit confused on what exactly I need to do. Do I just have to email the courts saying I'm happy to go head with a Skype meeting? or do I also have to do the mediation/alternative dispute process again?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/77091185#Comment_77091185
You must have missed the TELEPHONE HEARINGS THREAD...

You were never meant to try Mediation and you are not advised to agree to a stupid Skype hearing either.  This is fully covered this month on loads of threads.

This is your extra chance to get the claim struck out.

daniellog

Coupon-mad said:

https://forums.moneysavingexpert.com/discussion/comment/77091185#Comment_77091185
You must have missed the TELEPHONE HEARINGS THREAD...

You were never meant to try Mediation and you are not advised to agree to a stupid Skype hearing either.  This is fully covered this month on loads of threads.

This is your extra chance to get the claim struck out.

Thanks for this. Just double-checking, for the PDF do I have to include the claimant's witness statement and evidence? also, do I have to CC in the claimant's email when sending the email to the court?

daniellog

Sent off the email with the cover letter, draft order and PDF bundle. I got this reply this morning,
"We referred your previous email to the District Judge XXXX. Her comments are as follows;

‘This would normally require a formal application. Please ask the Defendant if he wishes the court to treat his email as an application pursuant to CPR 23 and if he is seeking that the court dispenses with the requirement for an application notice pursuant to CPR 23.3 (b) the court dispenses with the requirement for an application notice."

I'm assuming that I do wish to treat this as an application?