County Court Papers / Smart Parking

nosferatu1001

Indeed, and you woudl state that the driver did so, and was not made aware of any other obligation ontheir part, so had complied with the contract and was not in breach of any term. That the principal to the contract - the hotel - may have erred is not any concern of the defendants, and its not up to a mere agent to bring a claim when the failnig was, at minimum, a failure by the principal OR their agent. 

Coupon-mad

I think it's worth including that email to show the intention of the scheme was to exempt taxis, and thus there can be no 'legitimate interest' in penalising taxis at this location which disregards the clear intentions of the scheme, and taxis are only being unfairly caught due to:

(a) the Claimant failing to prominently and transparently place signs such that a taxi driver couldn't miss how to exampt their vehicle, and
(b)  the scheme operated by the parking firm being too cumbersome and time-draining for a Hotel to stay on top of.

Both are failures in the obligations of the parking firm, who cannot profit from their own negligence or omissions because that places the burden against the consumer (driver) and breaches the CRA 2015 sch 2.

Beechy74

E-mail sent to Gladstones with all the relevant files yesterday 11/05/20. We havent heard back from Gladstones yet. The court order is dated May 4th. The Order has given us both 10 days to come to an agreement, or if not, send the hearing form with how we would like to proceed, also within 10 days of the Order. 
So if Gladstones havent replied by the Thursday 14th May to liaise, what would the advice on our next step be?
Thankyou, Dave 

Coupon-mad

Whatever the Order tells you to do...does it say the parties have to 'agree a bundle' and that Gs have to arrange a telephone hearing, or what?

Beechy74

Coupon-mad said:

Whatever the Order tells you to do...does it say the parties have to 'agree a bundle' and that Gs have to arrange a telephone hearing, or what?

I'll upload the order again. Cheers. All ive done is e-mail them to see if we can come to an agreement. Along with all the case files.

Coupon-mad

Oh yeah it's that one! 

If Gs don't reply at all then tell the court and say that no agreement has been reached and that you want a face to face hearing.

Castle

Beechy74 said:

Coupon-mad said:

Oh yeah it's that one! 

If Gs don't reply at all then tell the court and say that no agreement has been reached and that you want a face to face hearing.

They have duly replied. Attached are what they sent......

You have left your name on page 3 of their reply.

Coupon-mad

You can't show the advocate's phone number & name here.

Beechy74

Coupon-mad said:

You can't show the advocate's phone number & name here.

Sorted, cheers. 
So i take it my next step is to send to the court what Gladstones have sent me, the documents for the case, covering email and request a telephone hearing? Obviously they havent come back with a figure for a settlement, so on we go....

Coupon-mad

 send to the court what Gladstones have sent me

Not if you mean their WS and documents for the case, no.  It's up to Gs to have filed them already and it's up to Gs to have replied to that Order, not for you to collate their stuff.

Tell the court what YOUR position is (if a telephone hearing doesn't suit you because of being a keyworker then say so!) and state/fill out what your phone number is (ONLY if you want a phone hearing) and make sure you have filed & served your WS and evidence in good time to the court and Gs.