Claim Form - Defence for My Residential Parking

limmylom

ParkingMad said:

The terms and conditions of the parking offer by the claimant were intelligible and were not in bold and clear type

Did you mean they were unintelligible?

Yes, I did thanks. I did noticed this already and also slightly changed that sentence to qualify why it was unintelligible too.

"The sole sign displayed only at the entrance was not sufficient for a carpark of some thirty-five plus spaces and the terms and conditions of the parking offer by the claimant were unintelligible from drivers view, the type differing from the majority of the signage, being significantly smaller and nonbold in comparison to the rest of the typeface.  It cannot be said that a clear offer was made by the claimant in this instance."

D_P_Dance

Is the HA a registered charity?  If so consider complaining to HM Charity Commissioners.  Charities should have no truck with these companies.

limmylom

D_P_Dance said:

Is the HA a registered charity?  If so consider complaining to HM Charity Commissioners.  Charities should have no truck with these companies.

No, I don’t think so. 

D_P_Dance

Not thinking so is not going to get them sanctioned, many/most are, find out.  

limmylom

D_P_Dance said:

Not thinking so is not going to get them sanctioned, many/most are, find out.  

Well, I checked their website and noted it said "Hightown is a charitable housing association".  Using the word "charitable" without mentioning being a registered charity tells me they are most likely not.  To check, I just searched for them on the register of charities on the .gov.uk website and couldn't find them registered.

limmylom

Hi, I need some additional advice as I messed up.

After filing my defence and subsequent questionnaire, in July I received a hearing date for a MS teams meeting for 23rd December.  Directly below this date was another paragraph  with a date of 25th of November which I mistakenly thought was when my witness statement was due.  I put it aside to deal with it in October so I've only now realised my mistake. The date is actually a deadline for the claimant to make a payment for court fees and not a deadline for my witness statement. 

Having re-read the letter I can see that it says the following:

6) Each party must deliver to the other party and to the court office copies of all documents on which that party tends to rely at the hearing no later than 23 August 2021.

So it's basically over 1 month late at this stage.  Additionally, I also haven't received any witness statement from the claimant.

What is my next steps?

limmylom

limmylom said:

Hi, I need some additional advice as I messed up.

After filing my defence and subsequent questionnaire, in July I received a hearing date for a MS teams meeting for 23rd December.  Directly below this date was another paragraph  with a date of 25th of November which I mistakenly thought was when my witness statement was due.  I put it aside to deal with it in October so I've only now realised my mistake. The date is actually a deadline for the claimant to make a payment for court fees and not a deadline for my witness statement. 

Having re-read the letter I can see that it says the following:

6) Each party must deliver to the other party and to the court office copies of all documents on which that party tends to rely at the hearing no later than 23 August 2021.

So it's basically over 1 month late at this stage.  Additionally, I also haven't received any witness statement from the claimant.

What is my next steps?

Is anyone able to offer some advice about this?  At this point I’m thinking about negotiating a settlement but I’m also wondering why I haven’t yet received a witness statement from the claimant which would also be overdue (if they even need to present one?). 

Coupon-mad

Get yours in this weekend.  See the examples by @jrhys and @Nosy, this year.  Shows how to set it all out.

Email the local court and the solicitor and don't mention or apologise for lateness, just get it filed and served and sit back and see how long it takes for the Claimant to play catch up and realise they probably did the same as you!

limmylom

Coupon-mad said:

Get yours in this weekend.  See the examples by @jrhys and @Nosy, this year.  Shows how to set it all out.

Email the local court and the solicitor and don't mention or apologise for lateness, just get it filed and served and sit back and see how long it takes for the Claimant to play catch up and realise they probably did the same as you!

OK let’s try! Thanks for the advice. Worse case scenario, what happens if they don’t accept my witness statement? 

Jenni_D

Worst case? You have no evidence to support your defence, and can only hope the judge allows you to give oral evidence.