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