Received court papers: Re: Parking Co-op, Whitby 27th July 2012... WON

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

I was picking up on the point that says "the loss for a four minute overstay was negligible" and thinking that, maybe the judge considered four minutes to have been negligible but, by drawing attention to this particular case reference, what would he/she make of a 50 minute overstay.

In any event, what do you reckon... leave it in or take it out?

masred:

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Leave it in. Reinforces the point that they can't just make up any old shit and that if it's pre agreed liquidated damages it must be a genuine pre estimate of loss.

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

M1,

I have got so used to all your legal jargon that I have no idea what you mean by 'any old shit'

Hahahahahah - nice one!

I believe we are there now - do you want me to upload the final draft version now for one last check or simply post it off.

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Send it :okay:

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

I’m relieved that’s in the bag!


Thank you so much for everything.


I meant to say….


You may know Keith Dixon (Border Riever) over on PPP.


Recently, he sent me some local information together with a letter from his local MP (Robert Goodwill) dated 25th November 2014.


Mr Goodwill says he is happy to write a letter of support for anyone who suffered at the hands of CEL in Whitby.


CEL’s activity outlined in the attached letter is different to my case but I am thinking of dropping him a line to see what he has to say?


I wonder if he knows:

1. There was (and still is) no planning permission for the ANPR installation.
2. That the SRA has confirmed that Mr M Shwarts may be a bogus solicitor.
3. That DEAL has made a claim for solicitors fee’s in respect of a person who may turn out to be a bogus solicitor.
4. That DEAL has made a false statement (in the course of civil proceedings) in relation to the Co-operative Group being aware of the assignment of debt.

I could let him have copies of the correspondence that I have received from the Planning Office, SRA and Co-operative Group to back up what I am saying.


Mr Goodwill seems to be quite outspoken about CEL when he refers to them having been ‘sacked’. This leads me to wonder whether he is collating evidence with a view to mounting a case against them.

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

This will never reach a hearing in front of a judge. I'd be gobsmacked if it did, or any of the ones with half a defence for that matter.

Feel free to contact him though :okay:

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

I forgot to ask if you would like to see the letter from Mr Goodwill (MP)

I will send him a letter concerning my case and will, of course, let you know what he says.

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

You left your name and address on those.

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

Ooooops!

Fixed masred:

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

A quick one...

At this stage should I attach the appendices to the defence or just add a line to say "All evidence and transcripts referred to will be provided at least 14 days before any hearing date".

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

The judge will order you to disclose them later, if it goes that far.

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

My defence has been emailed to CCMCC and a hard copy sent by recorded delivery today's date.

I will let you know as soon as I hear anything

Thanks, once again, I really appreciate everything you have done to help me.

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

Compliments of the Season...

I'm not expecting a reply from you over the holiday period - just posting this update for when you're back up and running!

On the 24th, opened an envelope from CCMCC expecting a nice sparkly christmas card and some parking vouchers but no, it contained a covering letter entitled 'Notice of proposed allocation to the small claims track' (dated 22/12/14) and N180 'small claims directions questionnaire' which has to be returned by 08/01/15.

The questionnaire is self explanatory but there are just a couple of questions I'm not sure about:

1. Mediation - I trust you will agree that I do not wish to mediate
2. Venue for hearing - the claimant has nominated a court in London. As I reside in the West Midlands, I will request the nearest (Wolverhampton) - it asks for a reason... I'd better not put 'because it's easy to park'.... maybe something like ... 'I wish to defend this matter in person but it is not economically viable for me and my wife to travel to London'... What do you suggest?
3. Witnesses - include wife as she will say that she also looked for signs, ticket machines, parking tickets etc (but did not see any). She was also present when the unknown
'local' lady driver advised us that parking was free.

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

1. Mediation - I trust you will agree that I do not wish to mediate

Some would say they agree with you but i don't. I'd agree to mediation even if you don't expect anything and will only agree to them dropping matters because when costs are decided it'll look better.

2. Venue for hearing - the claimant has nominated a court in London. As I reside in the West Midlands, I will request the nearest (Wolverhampton) - it asks for a reason... I'd better not put 'because it's easy to park'.... maybe something like ... 'I wish to defend this matter in person but it is not economically viable for me and my wife to travel to London'... What do you suggest?

It is usual to proceed at the defendants home court. Wolves it is

3. Witnesses - include wife as she will say that she also looked for signs, ticket machines, parking tickets etc (but did not see any). She was also present when the unknown
'local' lady driver advised us that parking was free.

Yes. :okay:

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

Marvellous!

Re. Mediation - I'm a little surprised by your view but I think I follow your drift apart from when you say 'even if you don't expect anything'?

My defence puts the claimant to strict proof on various counts so what is there to mediate?

I feel I have a very robust defence (entirely down to you) and therefore, I am quite happy to see it all the way to court.

I have no desire to speak to any of these cowboys!

I will keep you updated - cheers again...
PS... Re. 'when costs are decided it'll look better' should read 'IF' ..... fingers crossed! :santa2: