Contract between Land Owner and Parking Operator

[R0b]

I don't understand why you've drafted a letter to the parking operator if C housing have sent you an offer of settlement?

Whether you decide on paper or not is entirely your choice. Has the matter been allocated to the small claims track?

[Scrumpy11]

I don't understand why you've drafted a letter to the parking operator if C housing have sent you an offer of settlement?

Whether you decide on paper or not is entirely your choice. Has the matter been allocated to the small claims track?

Hi Rob,

Only reason I drafted a letter as the Courts asked all three parties to negotiate, housing had copied the parking operator into the original email. I will not send this if you feel it is not necessary.

The Court date was se for the 20th May. However, this has been vacated. Please see attached for courts order.

Kind regards

Stevieb

[R0b]

I think you need to be more clear, instead of drip-feeding things to us as it's not helpful. If the email was sent to all parties then you should have said at the outset. Personally I would negotiate separately with the Defendant's as you don't want them both to know your position if you have an upper hand with another, but again, that's your choice as you know your case better than me.

Still not clear if its been allocated to the small claims, it would be on the order you received before that one.

[Scrumpy11]

I don't understand why you've drafted a letter to the parking operator if C housing have sent you an offer of settlement?

Whether you decide on paper or not is entirely your choice. Has the matter been allocated to the small claims track?

Hi Rob, I will be declining the Housings Offer.

Kind regards

Stevie

[Scrumpy11]

I think you need to be more clear, instead of drip-feeding things to us as it's not helpful. If the email was sent to all parties then you should have said at the outset. Personally I would negotiate separately with the Defendant's as you don't want them both to know your position if you have an upper hand with another, but again, that's your choice as you know your case better than me.

Still not clear if its been allocated to the small claims, it would be on the order you received before that one.

Hi Rob,

Yes the case has been allocated to the Small Claims. The Court Fee has been paid.

The parking operator do not want to negotiate, they are blaming my Housing as my Housing should have pointed our any discrepancies with the Contract. as stated of which you said is irrelevant


I will try to be more clearer in the future, sorry

Kind regards

Stevieb

[Scrumpy11]

Thank you Rob, you have been a great help as always. I really appreciate your assistance which I have received without this, I would not have made it this far.

Thank you again

Kind regards

Stevieb

Afternoon Rob,

Sorry to bother you again. I had until the end of today to submit my written submission, of which I have just done.

The parking operator has submitted their evidence to the court, its all over the place, no structured. is a bunch of files folders with documents in.

Is there a ruling where I can request the Court exclude the operators evidence from my case?

Kind regards

Stevieb

[R0b]

You would need to make an application to the court to strike out all or part of their evidence, which will cost you £255.

As for the housing association if the case has been allocated to the small claims track, I don't see how they can reclaim their costs, they would need to prove unreasonable behaviour and a refusal of an offer is not in itself unreasonable conduct and that's not an easy bar to overcome.

Ultimately, if they have accepted being joint controller then then its not unreasonable for you to apportion some of the blame but I guess that will fall down to the court in the end. Like I said though, if you settle with the housing association you need to make sure that you still have the right to pursue the parking operator if the settlement doesn't cover the damages you are claiming.

[Scrumpy11]

You would need to make an application to the court to strike out all or part of their evidence, which will cost you £255.

As for the housing association if the case has been allocated to the small claims track, I don't see how they can reclaim their costs, they would need to prove unreasonable behaviour and a refusal of an offer is not in itself unreasonable conduct and that's not an easy bar to overcome.

Ultimately, if they have accepted being joint controller then then its not unreasonable for you to apportion some of the blame but I guess that will fall down to the court in the end. Like I said though, if you settle with the housing association you need to make sure that you still have the right to pursue the parking operator if the settlement doesn't cover the damages you are claiming.

Well, both agreed to settle, just not jointly.* So I guess its in the hands of the Court. **

I really appreciate all the assistance I have received.* Especially from you Rob.

Thanks again

[R0b]

So have they each agreed to settle different amounts to make up what you are asking for or close to it? They dont have to jointly agree you can settle independently of each other

[Scrumpy11]

So have they each agreed to settle different amounts to make up what you are asking for or close to it? They dont have to jointly agree you can settle independently of each other

Initially, I had asked for £1600.

Housing agreed £500 with costs as full settlement of claim. I turned it down the offer as it was not a joint offer.

I proposed that the parking operator match the housings offer and I would accept £1375 in total, £500 from each party with Housing covering costs, which they had already agreed to cover. The parking operator agreed to this, the housing refused to acknowledge my proposal.

I am lost as the housing did not have to put a penny more. I can only assume that their offer was just to show the court they had made an effort to settle

The housing are blaming the DVLA for the breach as they released the INFO
The DVLA blame the IPC
The IPC accept no liability for its members
I blame the parking operator as they requested my data, then sharing it with third parties, such as I Pay My PCN, ZZPS LTD, the IAS and the IPC.

It will be interesting to see what the courts decides

[johnwsam]

In this case, you can meet a legal adviser, and you can read blogs on law service, for more information: https://theangeltrust.com/uk-trust-r...-service-2020/