Court Claim - draft defence

NewBornBaby

Do I need to log anything on MCOL as well or is emailing as advised above sufficient?

KeithP

NewBornBaby wrote: »

Do I need to log anything on MCOL as well or is emailing as advised above sufficient?

You don't need to do anything on MCOL except as noted in post #6 above.

NewBornBaby

Received Claimant's DQ from Gladstones saying claimant intends to proceed and has elected to mediate in an attempt to settle amicably.

"We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim.
Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.
You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment."

I'm not sure what I'm being asked to do. I certainly don't intend paying them anything and am prepared to go to court if necessary.

Please could you advise what my options are at this stage?

KeithP

You don't need to do anything with a copy of the Claimant's DQ.
File it.

Coupon-mad

Why not search the forum for a phrase from that letter, rather than posting it for us to have to write about again? Nothing here is new. Every letter is searchable.

Get a photo of the sign. Does it have the added costs stated as a £sum, or is it vague about the added costs?

Read CEC16's thread.

NewBornBaby

Added costs are a specific sum for "contractual costs" plus interest.

Signs no longer there, the regime has changed on that site. Is it not incumbent on the claimant to prove signs were present and capable of forming a contract?

KeithP

NewBornBaby wrote: »

Is it not incumbent on the claimant to prove signs were present and capable of forming a contract?

Yes it may well be, but they could produce any old sign to promote their case and you would need to challenge it.

Search the internet for pictures of the signs as they were at the time of the alleged parking incident.

Coupon-mad

Added costs are a specific sum for "contractual costs" plus interest.

I didn't ask what the claim form said about the fake costs, I asked what the signs said.

I know you are saying that the signs are no longer there but is there not an old image of them on Google StreetView when you change the date using the small arrow in the top left image box?

Have you read CEC16's thread now and sussed why we are asking and how to argue this in defence?

NewBornBaby

Keeping this thread here for reference hope that's OK:
https://forums.moneysavingexpert.com/discussion/6006850/bw-legal-portswood-car-park-southampton&highlight=

NewBornBaby

Coupon-mad wrote: »

I didn't ask what the claim form said about the fake costs, I asked what the signs said.

I know you are saying that the signs are no longer there but is there not an old image of them on Google StreetView when you change the date using the small arrow in the top left image box?

Have you read CEC16's thread now and sussed why we are asking and how to argue this in defence?

Yes I've read and bookmarked the thread and will read it a few more times (there's a lot of detail in there for a lay person to keep hold of.)

I've not come up with any photos of the signs yet - signs can't be seen from Google Street View as they are set back a long way from the road.