DCB Legal Court Hearing 28th August

InconspicuousSheep21

I feel as though I've missed pertinent information in the original WS such as non-compliance of CPR16.4 and mentioning the fact that the claimant has used an outdated contract, despite being extended the contract is no longer the same as with JLL due to the Landowner having changed. Do you not reckon these are vital pieces of information that the judge should be aware of?

I don't really know if the original WS is sufficient. I'm more than happy to still draft the new WS and submit it to due to lack of clarity and new evidence. I have time to file and serve the new one but will post it on here for some criticism and see what the experienced lot think.

We can see if its worth filing and serving once it has been completed?

Coupon-mad

Ok but I think your first one is enough.

Also, if you tip off the C with a supplementary WS that you intend to raise the issue of the outdated landowner contract, they'll respond with a supplementary WS attaching the new contract, killing your point.

Better to raise that at the hearing.

And non-compliance with CPR 16 isn't very important to your case because you know what it is about, know what they are accusing you of but you have killed their point with your existing email evidence.

I think you are overthinking this case and panicking.  Don't send a new WS.

InconspicuousSheep21

I'll draft the second WS and post on here upon completion to see what yous think.

I heard back from the firm and they've advised a fee of £410 for attendance and state they would not be submitting any further documentation but instead a skeleton argument prior to the hearing. They believe I have a case worth contesting but I know the facts of the case better than them so might be worth just acting as a litigant in person like I originally planned and you suggested. Given the costs and if I have an unfavourable outcome I'd be having to fork out more money, money which I don't have to begin with.


Non-compliance could get the claim thrown out in itself from what I've read and if I fail to submit a WS without any mention of non-compliance and CPR16.4 PD16 I won't be able to rely on this later?

If I don't submit another WS and just state the contract is invalid as I know JLL is no longer the Landowner, I would not be able to provide evidence of the above whereas at the minute I have evidence in the form of email correspondence proving the contract is not valid. If they had a contract with the new Landowner they'd have provided it in the first place so I'm going to assume there isn't one?

Coupon-mad

heard back from the firm and they've advised a fee of £410 for attendance and state they would not be submitting any further documentation but instead a skeleton argument prior to the hearing. They believe I have a case worth contesting but I know the facts of the case better than them so might be worth just acting as a litigant in person like I originally planned and you suggested.

Yes!

I say no extra WS.

Your extra points COULD be covered in a skeleton argument but you can write that yourself by searching the forum for examples.

And a skelly has no 14 day deadline.

InconspicuousSheep21

Just for peace of mind, I won't submit the new WS until it's been reviewed here, if yous don't think it'll add any real value to the case I'll veto the idea of submitting it . You're right in saying I'm overthinking and panicking but it's hard not to knowing I might be having to pay a debt I don't owe

InconspicuousSheep21

Coupon-mad said:

heard back from the firm and they've advised a fee of £410 for attendance and state they would not be submitting any further documentation but instead a skeleton argument prior to the hearing. They believe I have a case worth contesting but I know the facts of the case better than them so might be worth just acting as a litigant in person like I originally planned and you suggested.

Yes!

They said they estimate my prospect of winning to be based on the Judge's discretion with a 50/50 chance. Still odds that I feel unnerved by.

Gr1pr

they would say that wouldnt they ?

good job you arent employing them, instead you are getting excellent free advice from here instead

2 parties are involved , of course its 50/50 , simple maths

but your aim is to show them up in court and tip those scales in your favour

Coupon-mad

Ah no, that is lawyer-speak.  Nonono.  Don't let that bother you. What they mean is that they had a look and believe you have prospects of success which means it tips the 50/50 balance.  They don't mean you have a 50/50 chance!

Your case will be won.

We do parking cases EVERY DAY.  Solicitors don't. I give you a 99% likelihood of either a discontinuance or winning at the hearing.

InconspicuousSheep21

Not entirely sure of what to put here

43. In the matter of costs, the Defendants asks:

As per usual, advice/guidance appreciated!

InconspicuousSheep21

After 12 solid hours, I have completed the second draft (it is 50 pages long including the exhibits, the actual statement is 9 pages long). Please provide feedback and whether I should submit this alongside what already has been submitted. If you feel I need to remove certain aspects, please feel free to let me know thank you!

hxxps://www.dropbox.com/scl/fo/we4t5x0ara8yzjy0da9jb/AHtnj47A3DsCfBrjR0wlJ4M?rlkey=yc237y37kxrhn98gzqwvv0rq1&st=zaq7qdll&dl=0

Am I correct in saying if I were to file and serve this I would have to do so by 1630 today?