Missed all the early stages of appeal and now heading to court

Redx

Usually yes , but it's also brinkmanship to see who blinks first , but nothing to stop you drafting your WS based on current paperwork that can be adapted if theirs does arrive this week , but also yours needs to be sent to the claimant and to the court by the same deadline , even without seeing theirs

If theirs was to arrive late , you submit a supplementary WS in response to their lateness that tears apart their WS , again to the claimant and to the court , concentrating it on refuting and rebutting their WS

Concentrate on the here and now , not the what ifs

Le_Kirk

harmonicapapa said:

I'll add in details about the signage and proprietary interest in the land.  It feels like I am rehashing everything in my Defence letter issued several months ago.  Does the judge refer to the defence letter, or is the judgement based only on the WS?

Remember that, if you add in details about signage, you did not see them at the time of the alleged incident (since you were not the driver) but, after you received the PCN/claim form, you asked the driver and you also carried out your own research of the car park - on foot!

harmonicapapa

Any suggestions on what I can add to these two arguments to strengthen them?

1. Upon my investigation of the site and the signage displayed at XXXXX Shopping Park, it can be shown that Smart Parking Ltd's signage does not set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.  The terms on the Claimant's signage are displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. 

2. Smart Parking Ltd have not provided any proof that they have sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

Redx

1) add your exhibits as letters and numbers like I told you earlier , to prove your statement

2) add your exhibits details like I mentioned earlier to show that you asked for the evidence and received nothing back

It troubles me that you haven't taken my advice and so far I haven't seen any indication of any exhibits listed in your WS !!

You seem to think that it's a text only task , your jackanory , yet I am sure the court order tells you to exchange your WS plus exhibits , emphasis on the latter , your evidence to back up your statement , within your statement

Example

I bought and paid for a ticket , exhibit ABC/001 so no contravention occurred

Example

I saw the man strike the victim with the hammer listed as exhibit FGH/005

It's not rocket science , it's show evidence for everything you say

Example , I was at work between 0800 and 1430 and here is a copy of my timesheet labelled XYZ/007 and a statement from my manager labelled XYZ/008

Read every sentence of your WS and look for the reference to an exhibit that backs it up , if there isn't an exhibit listed , ask yourself why not ?

harmonicapapa

I'm working on putting the evidence numbers in.  I have 12 separate letters received from Smart Parking, DRP, Zenith, and Gladstones.  Does each one require a different evidence number, or can I group them together into one PDF and reference the evidence number along with the date of the correspondence?

harmonicapapa

Here's the WS as it stands. 

I will be emailing all the docs over the Smart Parking on Sunday.  Hoping they send me something before the deadline of Sept 7th so I can tear their arguments apart in my WS.  Do I send them to just the solicitor representing Smart Parking or do I send to both the Solicitor and Smart Parking?

Redx

harmonicapapa said:

I'm working on putting the evidence numbers in.  I have 12 separate letters received from Smart Parking, DRP, Zenith, and Gladstones.  Does each one require a different evidence number, or can I group them together into one PDF and reference the evidence number along with the date of the correspondence?

Personally I do not think those letters matter too much , so I would group them as one exhibit and one PDF in case anyone is interested , which I doubt

AFAIK you email the solicitor if one is involved , not their claimant client , plus the court so 2 points of contact , the details for service should be on the court claim or court orders

My point is that you are draftng a WS , so the WS should contain exhibit references , even if you are working on their substance , you should be adding them into your draft before asking if there is anything to add , because if they are not listed , then the replies tell you to add them , a draft is just that , a draft

Nobody is saying that the draft needs to be perfect , until the weekend , but you should be adding stuff in , honing it until it's the final draft , but not omitting anything just because you haven't finished it , think of each exhibit reference as a to do list , featured in your WS but needs finalising for the final draft

People find it extremely annoying when asked to proof read it to check something and then find half the stuff is missing which then seems a pointless exercise due to the glaring omissions

harmonicapapa

The most recent General Form of Judgement Order I received says that I must send the documents to the court and to the other party, but I don't have contact details for Gladstone on any of the paperwork other than a Postal address.  They left their email and phone number blank on the Directions Questionaire.  I do however have the personal email address of the person at Gladstones who emailed the DQ to me.  Would it be safe for me to email the court the documents as well as the individual who sent me the DQ?

Umkomaas

GLADSTONES EMAIL ADDRESSES 

http://forums.moneysavingexpert.com/showpost.php?p=73894406&postcount=61

This contains 3 options, it's a bit old now, and, from memory there may be only one of them working. Send your email to all 3 and see what happens.

harmonicapapa

Here's my WS.  This feels very close to being complete.  I'm still concerned points 18 & 20 feel weak, but not sure what else I can include.