Civil National Business Center Court Claim ?? From Parking Charge 2 years ago

[des8]

I doubt the court will strike out the claim because of the one day delay, which could actually be down to a delay in the court recording its delivery.

So neither of you intending to attend court leaves two options:
1) you continue to act as if you will attend, and continue with a robust defence.
DCBL will often then seek to negotiate a settlement figure. (For them it is a numbers game going to court as they win some lose some. Even if they win, the limited costs they can claim do not cover their actual costs, so they are content to receive a lower amount without the court involvement)
The lowest figure I have seen is the original non discounted cost)
If a settlement is not reached, but the defence is sound & robust, DCBL are known to have discontinued, or just not paid the court fees.

2) you continue to court but agree to a paper hearing.
In this case the judge reads the papers submitted by both parties, and then sends his decision in writing to both parties
Your evidence (witness statement) needs to be very clear and easy to understand
The disadvantage is that you are not able to clarify any unclear points nor explain fully your stance.
However you still have the opportunity to negotiate or go through court mediation to come to a settlement.

Best wishes for Christmas to you & your daughter & grandchild

[gewag]

I doubt the court will strike out the claim because of the one day delay, which could actually be down to a delay in the court recording its delivery.

So neither of you intending to attend court leaves two options:
1) you continue to act as if you will attend, and continue with a robust defence.
DCBL will often then seek to negotiate a settlement figure. (For them it is a numbers game going to court as they win some lose some. Even if they win, the limited costs they can claim do not cover their actual costs, so they are content to receive a lower amount without the court involvement)
The lowest figure I have seen is the original non discounted cost)
If a settlement is not reached, but the defence is sound & robust, DCBL are known to have discontinued, or just not paid the court fees.

2) you continue to court but agree to a paper hearing.
In this case the judge reads the papers submitted by both parties, and then sends his decision in writing to both parties
Your evidence (witness statement) needs to be very clear and easy to understand
The disadvantage is that you are not able to clarify any unclear points nor explain fully your stance.
However you still have the opportunity to negotiate or go through court mediation to come to a settlement.

Best wishes for Christmas to you & your daughter & grandchild

Thank you for your help Best Wishes to you and family!

[gewag]

So Thinking of sending this attached evidence to DCBL via email I have drawn up a rough draft , but if goes further to Tribunal I will use this as evidence, I think I have covered it all and to me seems an open and shut case and will be dismissed ? But I am no expert of course Kind Regards Steve

[des8]

The matter is already in court (not a tribunal) and you can send your attachment to DCBL and hope.
However surrendering earlier is not in their genes!

What you have written is not in a witness statement format expected by the court, so will need reworking for court purposes

It really does look as if that vehicle is parked on the public highway.
Did you ever obtain a copy of the contract authorising the parking company to operate on that site?
Have you checked where the public highway stops and the private road begins?

[gewag]

The matter is already in court (not a tribunal) and you can send your attachment to DCBL and hope.
However surrendering earlier is not in their genes!

What you have written is not in a witness statement format expected by the court, so will need reworking for court purposes

It really does look as if that vehicle is parked on the public highway.
Did you ever obtain a copy of the contract authorising the parking company to operate on that site?
Have you checked where the public highway stops and the private road begins?

Morning I tried the local authority whom as usual not very helpful, I contacted the company who owns the land with no response, I have amended witness statement as attached this will be at the beginning of the evidence and renamed witness statement, when or do I send to court as well as the DCBL ? The double yellow lines go from the edge of the private road across the pavement to the highway. Kind regards Steve

[des8]

You send your Witness Statement when ordered by the court

Do not send that draft to DCBL as in it you are identifying the writer as the driver (and so nullifying any defence as keeper)

Also paras 5 & 6 are not part of your evidence, but a challenge to what will probably be in the Claimant's evidence (which you could challenge in the court hearing you don't want!)

Para 8 you need to state when the notice was received by the keeper

Para 12 Your contentions are not part of a witness statement which should contain only factual matters, not an interpretation of them (so a, b, c should be omitted and d included in para 8

[gewag]

You send your Witness Statement when ordered by the court

Do not send that draft to DCBL as in it you are identifying the writer as the driver (and so nullifying any defence as keeper)

Also paras 5 & 6 are not part of your evidence, but a challenge to what will probably be in the Claimant's evidence (which you could challenge in the court hearing you don't want!)

Para 8 you need to state when the notice was received by the keeper

Para 12 Your contentions are not part of a witness statement which should contain only factual matters, not an interpretation of them (so a, b, c should be omitted and d included in para 8

Ok will not send WS to DCBL and will amend as and when Court ask for it, ( I have removed all references to I/Me to The Driver and Para 5 & 6 removed)
we went to Devon to visit my Daughter and grandchild she has filled in N18 and on its way, I think we need to send copies to DBCL will do that.
Thank you very much so far have a great New Years Eve Kind Regards Steve

[gewag]

So update we sent of court doc and just checked on MCOL and Applications Set Aside Applications entered electronically (most recent at the top)

None ?
what does this mean ?
Regards Steve

See Attachment

[des8]

It means there have been no applications made to the court about this claim
An application is a document in which the applicant seeks a court order

[gewag]

It means there have been no applications made to the court about this claim
An application is a document in which the applicant seeks a court order

Ok so will wait for court to seek witness statement Kind Regards Steve

[gewag]

Afternoon My Daughter has now received e-mail with a date and time for Mediation Appointment ,So we assume we will use statement of facts as set out in our draft witness statement ? or do we approach this another way ?
Kind Regards Steve


attached is amended draft witness statement Should my daughter read to the mediator ?
Many Thanks!

[des8]

There is no need to read a witness statement to the mediator.

He will be trying to obtain settlement of the dispute by chatting to both sides to see if there is any hope of obtaining a compromise.

Because of your daughter's circumstances, she might be prepared to pay a very small amount to avoid the disruption to her life that going to court might involve.
The parking company at this stage might be prepared on a commercial basis to accept a reduced amount.
Bear in mind that the parking company know they will not be able to recoup all their costs even if they win.

IMO she should win in court as:
1) the vehicle does not appear to be stationary in an area controlled by the management company,
2)the company have not provided proof they have authority to manage the ground where the vehicle was stopped
3) inadequate signage
4) NTK does not comply with PoFA2012 sch4 sec9

It is not improbable that the company will discontinue the claim later on in the process.

The witness statement will need amending as your daughter cannot state what the driver did as coming from her own knowledge.
Wait till it is required and we can give more pointers.

[des8]

Just to add that when your daughter chats to the mediator she should stress that she is confident of winning due to the points in post 57 (especially point 4).
Also she can mention the double yellow lines look as if they have been put down by the road authority and so are not part of the private access road, as well as pointing out the parking company should allow a grace period of 5 minutes to allow driver to read any signage and decide whether or not to stay.
In her position of not wanting to go to court it might be worth offering £20 just to settle the matter. I wouldn't go higher, but then I don't have problems going to court!

[gewag]

Just to add that when your daughter chats to the mediator she should stress that she is confident of winning due to the points in post 57 (especially point 4).
Also she can mention the double yellow lines look as if they have been put down by the road authority and so are not part of the private access road, as well as pointing out the parking company should allow a grace period of 5 minutes to allow driver to read any signage and decide whether or not to stay.
In her position of not wanting to go to court it might be worth offering £20 just to settle the matter. I wouldn't go higher, but then I don't have problems going to court!

Thank You!