Tort for incorrect KADOE request?

nosferatu1001

Anything you disclose now cant hurt
They wont be able to rectify anything. Whats done is done. 

zhonguonuren

pould said:

zhonguonuren said:

pould said:

The problem with mediation is that one has to discuss the issues which will mean I need to divulge at this point some of the argument in the Witness Statement and Skeleton. I guess what you're suggesting is, since they'll see it anyway, why not worry them at this point?

It’s very unusual that you would have a show stopping moment in a county court that nails it (I’d love you to of course!). The court expects parties to do all they can to communicate and reach agreement to avoid a hearing if at all possible.  

I suppose you have considered their costs schedule?  Even in a county court if the judge sees no merit there is a risk of costs being awarded against you.  

I’m not saying to put you off because I absolutely applaud you - but just give mediation a bit of thought.  Zhong 

pould

At the moment they're refusing to disclose evidence, so by going to mediation I appear to be the reasonable one

nosferatu1001

Thats just the usual "we wont show you the contract" but im unsure what need you have of it? Unless youre looking to prove they dont have any authority there at all?

pould

nosferatu1001 said:

Thats just the usual "we wont show you the contract" but im unsure what need you have of it? Unless youre looking to prove they dont have any authority there at all?

Yes, exactly. Because that would invalidate their original KADOE request and mean everything else falls in place.

Especially given the fact that it is *their* contract so they would be demonstrably in full knowledge that they did not have authority, so we can make the damages exemplary / punitive.

pould

Can I make disclosure of the contract a condition of mediation?

zhonguonuren

pould said:

Can I make disclosure of the contract a condition of mediation?

I’m not sure we’re talking the same mediation service.  The one I use is below and I have never tried to put any conditions on it.  It’s pretty strict - you have no say on the date/time etc.  

Small Claims Mediation | HMCTS | PO Box 8793 |Leicester | LE1 8BN 
Phone: 0300 123 4593 
Web: www.gov.uk/hmcts 

To be clear - which contract？  The landowner? If it is the landowner contract - why are parking operators so reluctant to let us see the landowner contracts I wonder 😎.   If you haven’t done so, could you try getting a copy from the landowner.  My landowner was very helpful after I spent ages tracking him down.  He did know I’d sue him which may have helped a little.  

pould

Hi all,
Just to say, we still have a blanket refusal by Smart Parking to provide disclosure on at least two items. My solicitor is very confident we have at this point pretty well avoided being liable for any of SP's costs if they disclose these items at trial (especially the contract with the landowner, since without it they have no defence whatsoever).

pould

Hi all,
Quick update - case is transferred to my local combined court centre. SP continue to refuse to disclose the contract and we have new evidence that demonstrates they had seven working days where they knew the car was exempt but chose to make a KADOE request at the end of that.

We have made an offer to settle for £2000 plus costs.

zhonguonuren

How - I mean how!!! can they refuse to disclose the contract??? My parking scammer’s contract was sent after months of requesting it - redacted with landowner’s details which was fine.  I had already  contacted the landowner via Land Registry.  It was a clear breach of contract and the landowner agreed. I have complained to the ICO and will probably sue as it is taking far too long for a response. 

My parking company is no longer trading.