Claim received from MInster Baywatch

[des8]

They are entitled to ask for proof of identity, but as they have already sent you a NTK it is a bit pointless and OTT!

Regardless of whether or not you receive a reply to your SAR & CPR31.14 requests you comply with court directions and serve and file documents as ordered

[Maza43]

Defence claim 1772024.pdf This is my new defence can someone have a look at it and give me some feed back please. I'm not sure the defence has uploaded can you see it ?

[des8]

You seem to have covered everything

Suggestions:
number each para. You have a number of paragraphs e.g. number 7 which has a lot of un numbered paras

Para 3 amend to "the Defendant admits to being the registered ........."

Para 5 second para amend final sentence to ".....the court may strike out ...." (don't instruct the judge!)

Para 6 I understood the DLUH code was withdrawn by the Government in June 2022 following a legal challenge by parking companies and has not been reintroduced. It was not due to come into force until 2024 (I think!)

Para 10 give the full SC reference and para numbers

Para 11 The driver (not Defendant) did not agree.....

Para 15 DLUHC reference perhaps should be spelt out in full

[Maza43]

Thanks for your time Des8 will make those amendments

[Maza43]

Hi, we now have a court date set for the end of Jan, been through mediation which was a waste of time, the Judge has told the claimant to pay the court fees and serve the correct relevant paperwork by the 3rd Jan. I havn't heard anything to the contrary so presuming we're still going a head, I havn't been asked to provide a witness statement so i'm just putting together some pointers for court. Will let you know how we get on.

[Maza43]

By the way the Order form which the Claimant has filed with the court re land ownership has been sent to me heavily redacted, can they do this ?

[des8]

Have you not received directions about filing and serving a witness statement, which normally directs to be done 14 days prior to hearing.
Suggest you phone court to find out what is happening, as the witness statement is your evidence

Contract between land occupier and parking company may be redacted for confidential commercial reasons.
Still worth examining to see if parking co. have exceeded their authority.

[Maza43]

have done that, thanks for the heads up, do i send the solicitor a copy as well ?

[des8]

have done that, thanks for the heads up, do i send the solicitor a copy as well ?

yes.

[Maza43]

After filing the witness statement and pointing out the errors in their Terms and Conditions re the Landownership Docs, The solicitors have emailed to say they are discontinuing with the case. If they had sent these when asked for in July a lot of time and effort could have been saved. Never Mind another win against the Parking thieves.

[des8]

Thanks for letting us know and well done.
Check with the court that the case has been discontinued and keep that notice for the next six years... just in case.