Help! DEFENCE due

BaftyCrastard

So I got confirmation today from REI who own the site that "Bank Parking opening was on the 23rd July 2018". I also found that the attached picture was taken on 13th August 2018. The signage in the background shows that at this point, they had continued to operate the site without changing the previous operators signage. Should I try and fit this in to my WS?

Umkomaas

I don't think the sign in the background of the photo has anything to do with parking. It seems just to be a sign with the name of the retail park, or that of a retailer.  I can't see anything parking-related, can you?

It seems they have placed the Bank Parking sign over this later, but there may have been other of their signs around the car park earlier than this. I'm not saying there were, but you have to be ready for that line.

BaftyCrastard

Le_Kirk said:

BaftyCrastard said:

If @Coupon-mad @Umkomaas @Le_Kirk et al. can all have a read over and provide any advice that would be really appreciated. Thanks in advance. I plan on sending it via email (same way as I did my defence) tomorrow at mid day (4pm deadline) to both the Court and DCB Legal

If you send it the same way as you did your defence, it will end up at CCBC and not the court where your hearing is being held/conducted.  Did the court show you an e-mail address to use on your notice?

I meant the same format but to a different email. The notice of allocation gives an email address that I need to send my phone number to before the hearing so was going to send my WS to this as well.

BaftyCrastard

Umkomaas said:

I don't think the sign in the background of the photo has anything to do with parking. It seems just to be a sign with the name of the retail park, or that of a retailer.  I can't see anything parking-related, can you?

It seems they have placed the Bank Parking sign over this later, but there may have been other of their signs around the car park earlier than this. I'm not saying there were, but you have to be ready for that line.

Ok I will leave this out because it might muddy the waters

BaftyCrastard

I'm not entirely sure which bit I remove from my WS to put in @Nosy new part on Abuse of process :S would it be paragraphs 21. and 22. ?

BaftyCrastard

Does this look right? I removed the section on CRA and put in the abuse of process from @Nosy just need to append the Excel vs Wilkinson case on the end
https://www.dropbox.com/s/bihsvgosk8a6p71/Witness Statement - Redacted FINAL.pdf?dl=0

BaftyCrastard

All amended and sent to Court and Claimant (legal rep DCB Legal) via email and received confirmation receipt emails back from both. Have not received the Claimant's Witness Statement. Should I now write an email to the Court regarding this and the breach in CPR?  

nosferatu1001

What breach in the CPR do you refer? Its a breach of a court order if they have not served you their WS and exhibitis. What was the deadline? 
ALWAYS worth asking the court if they have a copy of the WS bundle from the C as well. 

BaftyCrastard

nosferatu1001 said:

What breach in the CPR do you refer? Its a breach of a court order if they have not served you their WS and exhibitis. What was the deadline? 
ALWAYS worth asking the court if they have a copy of the WS bundle from the C as well. 

Deadline was 4pm today, I served mine to the Court and C but haven't received anything from the C. I'll ring the court in the morning and check if they have had anything. Surely it's worth writing to the court anyway to have the claim struck out?

Umkomaas

BaftyCrastard said:

nosferatu1001 said:

What breach in the CPR do you refer? Its a breach of a court order if they have not served you their WS and exhibitis. What was the deadline? 
ALWAYS worth asking the court if they have a copy of the WS bundle from the C as well. 

Deadline was 4pm today, I served mine to the Court and C but haven't received anything from the C. I'll ring the court in the morning and check if they have had anything. Surely it's worth writing to the court anyway to have the claim struck out?

The court doesn't operate on hair-trigger timing. No one is sitting there with a stopwatch like a version of MasterChef's Gregg Wallace shouting, 'Times up, stop cooking'!  You'll need to give it a few days before trying to press the nuclear button.