Horizon- Court Date next week- Defence and Advice

Edvance_Guy

So have county court next week never gone this far last one dropped it after mediation.

They have filed their witness statement late and say they will not attend court.

Noted I haven't filed my witness statement and now there is 7 days! They noted theirs was late.

I had expected it dropped by now!

2. The Claimant acknowledges that its Witness Statement was served outside the timeframe directed

by the Court and respectfully seeks relief from any applicable sanction. The delay arose as a result

of an administrative error and was not deliberate. Importantly, the Defendant has suffered no

material prejudice as a consequence of the late service. The Defendant has not served a Witness

Statement at all and therefore cannot properly suggest that the timing of the Claimant’s evidence

prevented him from finalising or serving his own evidence. The Claimant’s evidence is now

before the Court, the hearing date is unaffected, and there is no suggestion that an adjournment is

required. In all the circumstances and having regard to the overriding objective and the principles

in Denton v TH White Ltd, the Claimant respectfully submits that it would be disproportionate to

exclude its evidence where the breach was the result of an administrative error, no material

prejudice has been caused, and the claim can still be determined fairly on its merits.

Gr1pr

Name the private parking company claimant involved and any lawyers

You can check with the court if the hearing fee has been paid or not

Your Witness Statement is long overdue, not a good sign

Your defence has already been filed months ago

Why did you believe that the claimant would discontinue. ?

Edvance_Guy

Horizon Parking - Relates to tesco petrol station 30 mins limit. Stayed 59 mins alleged.

Gladstones Sol, yes I falsely believed they would send me their and respond.

They have filed a week late so I am now late as well- Witness Statement 14 days before I believe not 7 but we are both late.

Defence was filed on time.

They have dropped another so never had one go to hearing.

How do I check hearing fee?

On another I had a letter saying they were dropping the claim, still shows on MCO.

Edvance_Guy

Update court fee was paid in August 1 month prior to hearing.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82129623#Comment_82129623

As you probably found out already, you PHONE the court to check ! Simples

The Gladstones cases do tend to get to a hearing, probably because their client has instructed them to do so and to pay ( Gladstones never attend court, neither do most private parking companies, hence their telling the court, but their client may send a jobbing advocate to attend instead. )

You better get your WS submitted ASAP by email and apologies for it being late like Gladstones was

Car1980

A pity you weren't on time as Gladstones have been losing a lot lately because of this bizarre new "we've filed late due to an admin error" thing.

We've also seen advocates not attending, so there is still the chance they'll lose by default.

Anyway, get that WS in now because you'll be attending on the day.

I've never seen a Horizon sign at a Tesco petrol station. You may (or may not) have passed a sign to the car park, but that is not the petrol station.

You need to reference and include the CMA investigation statement into petrol stations:

https://www.gov.uk/government/news/parking-charges-cma-takes-action-to-drive-improvements-for-motorists

Edvance_Guy

Thanks any advice on witness statements i can use they have referenced my defence as internet forum derived as if it less valid because of that.

Any draft templates based on the defence from this site?

I am guessing as we are both late that cancels that side out??

Edvance_Guy

Its an ESSO petrol station/forecourt with tesco shop express and some bays. They don't show you using the limited bays its all apnr.

Fuel is esso but you pay tescos.

Can I not say I won't attend now as in the last 7 days?

The signage is small and at the rear of the forecourt, there is a small sign part of the way into the entrance, its says its private land and 30 mins

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82129849#Comment_82129849

Study the recent WS by mse member JackR1

There are NO templates for a bespoke WS, each case is different