POFA '12 not valid?

Jenni_D

Check the original Notice of Allocation* - the file and serve date may be mentioned on that.

* This may not have a hearing date but will say something like this case is suitable for allocation to the small claims track and will be heard in XX court

Lockable

Jenni_D said:

Check the original Notice of Allocation* - the file and serve date may be mentioned on that.

* This may not have a hearing date but will say something like this case is suitable for allocation to the small claims track and will be heard in XX court

The original allocation goes back at least 12 months. The case was complicated by the original Judge ordering the Claimant to make their case properly & competently, they missed the date for this court order & were allowed to appeal for relief of sanctions, which they were granted and then allowed to submit an amended claim at which time I was able to submit an amended defence based on the template found here. On the original allocation there's mention of the DQ which I must have filed but I haven't been asked since.
Should I be preparing something else that I'll lean on at the hearing? Should I prepare an attack argument for each of the points in their amended defence one by one? 
I'm sure there is something I'm missing but don't know what it might be.

Jenni_D

They don't have an amended defence ... they have an amended claim! YOU have a defence. (You need to get terms clear in your mind).

If they've submitted an amended claim, and you have submitted a defence to that amended claim, then the next stage is Witness Statement + Evidence + Schedule of Costs ... which brings us back to the recent posts which I should have no need to repeat.  

Lockable

Jenni_D said:

They don't have an amended defence ... they have an amended claim! YOU have a defence. (You need to get terms clear in your mind).

If they've submitted an amended claim, and you have submitted a defence to that amended claim, then the next stage is Witness Statement + Evidence + Schedule of Costs ... which brings us back to the recent posts which I should have no need to repeat.  

Indeed, the second time I refer to them I mean to say 'amended claim', just an error. I'm clear about which is which. 
So I ought to be preparing a witness statement, evidence & Statement of costs. Thanks, will return with these when I've got them.

Coupon-mad

Please re-read the Notice of Allocation even though it's a year old, and re-read the Directions in the hearing notice.

Now tell us what one of them says about the deadline for filing and serving the documents upon which both parties rely.

One or both Orders WILL say this.

Lockable

Coupon-mad said:

Please re-read the Notice of Allocation even though it's a year old, and re-read the Directions in the hearing notice.

Now tell us what one of them says about the deadline for filing and serving the documents upon which both parties rely.

One or both Orders WILL say this.

I'm fairly good at retaining all paperwork relating to this case, but nowhere on the initial 'Notice of proposed allocation' or the most recent 'notice of trial date' is there an explicit request for the defendant to submit further information.
It's possible I may have lost a sheet that held this information.
Is it safe to work on the premise that I have to submit any further information at least 14 days prior to the trial date?

Coupon-mad

Yes unless the other side's WS has already arrived.  If it arrives sooner, take that as your cue to do it!

Lockable

I'm trying to understand how to rebut the claim of contract and to understand why Beavis wouldn't apply here if anyone can help me arrange it into a brief way for my WS. These are excerpts from the claim and a version of the signage.  

I found part of a thread with a contribution by Johnersh who says:
"The questions remain offer, acceptance and consideration.
If the sign places the user in an immediate breach (ie the terms could never be complied with) then it was impossible to perform and you may escape any liability." 
It's in relation to a Popla appeal but is this still a strong point at trial & is there a better form of words that would be more suitable?


s 

Jenni_D

(I haven't read back through the thread)

How would a driver obtain a "valid" permit? Was it a location where you needed to be pre-approved (i.e. issued with a permit) before you could park there? If yes then it may be a contract of impossibility ... a contract with a forbidding term whereby it would be impossible for the motorist to comply with the term.

The debt recovery item is already well-covered elsewhere - it is double-recovery as the cost is not actually incurred, and the sign doesn't quantity the amount of any additional charges anyway.

Lockable

Jenni_D said:

How would a driver obtain a "valid" permit? Was it a location where you needed to be pre-approved (i.e. issued with a permit) before you could park there? If yes then it may be a contract of impossibility ... a contract with a forbidding term whereby it would be impossible for the motorist to comply with the term.

It's a residential address, not one belonging to myself or any of the possible drivers that day & not there as a guest. Permits would be issued to residents & can't be acquired in any other way to my knowledge. 
The claimant has cited Beavis in support of their claim to damages, I know it's not strong connection for them but am unsure why.