Missed "Letter Before Court Action" - Please help!

Coupon-mad

To the local court and cc in the solicitors.

Umkomaas

_blueberry_ said:

Thank you for all of your help.  Any final comments before I submit tomorrow?

Could somebody please point me in the right direction on how to file the ws correctly?  I have read thought the newbies post and searched the forum but couldn't find any specifics.  Can I email it and if so, which address to?

Email to the allocated court (not the CCBC/CNBC - their role is finished), attaching the WS as a pdf file. You also need to let the Claimant's solicitors have a copy too. Add their email address on the same email address line as the court - that way, if the court has received, so have the Claimant's solicitors). 

_blueberry_

Ok thank you.  I found an enquiries@... email address for the court on the gov.uk website - is that where it needs to go to?

Just one more thing - I modified my original comment to add the below before reading your response:

@Coupon-mad - I noticed on the post from @vincentvega27 that you advised to remove all of the pics of the parking.  I have included quite a few myself, although the signage is clearly quite poor.  Would you advise the same for my ws?

Coupon-mad

I told him to do that because he was planning on including clear close-ups of signs, which helped their case!

BIG DIFFERENCE if yours are evidence of lack of signage.  You certainly want that.

Also please read his thread to the end because I didn't like his wording about the CEL v Chan case and better wording was suggested, too late.

Grab yourself the newer wording and show us your WS draft for critique.

_blueberry_

I believe I have the latest wording thanks to @UncleThomasCobley and included subsequent cases from the @vincentvega27 WS.

Here is my latest WS (the one I will submit tomorrow if no further comments)
https://www.dropbox.com/scl/fi/8sl6alyuqii2975feh4dz/WS.docx?rlkey=hqr3q7uelb2h4j8l0vy9jvkm5&dl=0

Coupon-mad

That's good.

Remove 'at allocation stage' from para 8.

And if this claim POC asks for interest at 10.25% interest (check the claim form unless you already have and they actually asked for 8%?) then add an extra paragraph immediately before your para 38, copying the words you find when you search the forum for;

Gladstones deplorable 10.25% interest

_blueberry_

Perfect, thanks again!

That's done.
https://www.dropbox.com/scl/fi/umwm4jzp7csnmfz7hwv92/WS.docx?rlkey=6ege2dskrqyqxg6gnopfdzgi9&dl=0

Yes - they had applied the interest at 8% so I removed that wording from the original.

Coupon-mad

OK, now what will you say if the Judge asks you to elucidate on what they failed to put in the POC, as you say that they breached the CPRs, in paragraph 8?

Got it in your head what's omitted from the POC, having read HHJ Murch's judgment?

It might help you to spell it out in para 8 so you aren't put on the spot at the hearing.

_blueberry_

In my novice mind, it is something on these lines:

The specifics of this case lack clarity, as no explicit statement has been provided to indicate which specific term of the alleged contract was purportedly breached. It remains uncertain whether the claim pertains to my alleged parking outside of a designated bay, failure to remain on the premises, incorrect bay parking, overstaying the allotted time, or perhaps a technicality associated with the entry process at the kiosk. This lack of specificity places me, the defendant, at a distinct disadvantage, as I find myself in the position of having to mount a defense without a clear understanding of the precise nature of the alleged violation.

Coupon-mad

Perfect. I'd put that in 8.