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

[mystery1]

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

Mediation detail doesn't get to a judges ears.

If mediation fails the case proceeds as it would do without mediation.

Some might pay a few quid to get rid of stress and others pay nothing as they feel that is all that is due. Horses for courses.

M1

[spotty dog]

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

Hi M1,

Okay, (fingers crossed), I'll let you know how it goes...:tinysmile_twink_t2:

[mystery1]

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

http://www.legalbeagles.info/forums/...ement-of-truth

A letter/email to see if your local court is interested in stopping claimants take the mick out of them.

M1

[spotty dog]

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

Hi m1,

I was only thinking earlier today that perhaps I should post a quick update just to let you know that my case is still ongoing.

I followed your advice and agreed to mediate but when I rang to arrange a session I was told that all available slots had been filled. I asked whether DEAL had responded and was told that they had also agreed to mediation.

I was also told that, as both parties had agreed to mediate but been unable to do so, the case papers had been sent to the court for the judge to decide whether to proceed in the absence of mediation or direct that mediation must take place first.

I haven't heard anything since - would you let sleeping dogs lie or chase it up?

[primafacea]

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

Hi Spotty dog,

Can you live with the matter as it stands?

My own personal view is that dogs eventually wake-up, often hungry and at the most inopportune moment. I would strike whilst the iron is hot and try to get this thing put to bed once and for all.

I would not want to wait for someone elses case to decide mine and I would not want to appear weak. They have so many cases to deal with at the moment, DEAL are stretched and are making mistakes. Sometimes you have to take the fight to them, even those you did not start. Best of luck with whatever you decide.

All the best.
l

[mystery1]

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

Hi m1,

I was only thinking earlier today that perhaps I should post a quick update just to let you know that my case is still ongoing.

I followed your advice and agreed to mediate but when I rang to arrange a session I was told that all available slots had been filled. I asked whether DEAL had responded and was told that they had also agreed to mediation.

I was also told that, as both parties had agreed to mediate but been unable to do so, the case papers had been sent to the court for the judge to decide whether to proceed in the absence of mediation or direct that mediation must take place first.

I haven't heard anything since - would you let sleeping dogs lie or chase it up?

I'd let it lie. We never thought it'd work anyway and now when it comes to adverse costs against them it's ammunition for us.

M1

[spotty dog]

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

Hi M1,

Away on holiday at the moment and trying to avoid entering into any more contracts which I didn't know I'd entered into! Just checked my emails and have learned that yesterday was LB's 7th Birthday.. I'd say, 'Congratulations" and here's to many more!

While I'm on I'll just mention it's been a little over a month since my last update... still not heard anything since the failed attempt to mediate. Will keep you updated - thanks for everything you've done - appreciated.

[spotty dog]

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

Hi M1,

This case is now almost 3 years old and the last notable development was when I tried to arrange a mediation session in February this year. You may recall I was informed that all available mediation slots had been taken and that it would not be possible to arrange a session prior to the deadline (10th February) despite both parties being agreeable to mediation.

I was advised the court would be in touch but I've heard nothing from them.

Today, I received a letter from DEAL (1 page) together with:

witness statement signed by Ashley Cohen (4 pages)
revised schedule of costs (1 page)
exhibit - cover page and image of a parking sign (2 pages)
letter from the Co-operative dated 30th April 2015 (1 page)

Please find attached copies.

Your advice, as always, will be very much appreciated.

[mystery1]

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

Hi M1,

This case is now almost 3 years old and the last notable development was when I tried to arrange a mediation session in February this year. You may recall I was informed that all available mediation slots had been taken and that it would not be possible to arrange a session prior to the deadline (10th February) despite both parties being agreeable to mediation.

I was advised the court would be in touch but I've heard nothing from them.

Today, I received a letter from DEAL (1 page) together with:

witness statement signed by Ashley Cohen (4 pages)
revised schedule of costs (1 page)
exhibit - cover page and image of a parking sign (2 pages)
letter from the Co-operative dated 30th April 2015 (1 page)

Please find attached copies.

Your advice, as always, will be very much appreciated.

Interesting from the Co-op but given Creative are neither the claimant, contract party or assignee i'm not sure what good they think that'll do.

The costs are actually an indication this probably won't see a court and are a clear attempt at intimidation. Small claims court costs are limited and costs such as preparing a witness statement are not on the list of allowable costs.

From memory, the witness statement and signs don't tally with the venue do they ?

M1

[spotty dog]

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

Hi M1,

Thanks for having a read..

Cohen's statement and exhibit are not supported by any factual evidence relating specifically to the time, date and location of the alleged incident.

Thankfully, with your assistance, there are many angles to my defence but if CEL wishes to rely on signage then it is for them to prove what signs were displayed and when such signs were erected - vital evidence which I will call for in the event of this ever being placed before a judge.

Referring to the exhibit, I will write to the Co-op to see if they can tell me when the payment machine was installed in the "walkway to the store".

I am quite confident this equipment was not in place when I used the car park but having such information to hand will be very useful if ever this matter ends up in court.

The whole matter has become rather tiring and I was hoping it would have been finalised one way or the other by now but like I said earlier, I've not heard anything from the court - we agreed it might be best to let sleeping dogs lie but perhaps it's time for me to ring the court to ask why they haven't been in touch?

[mystery1]

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

You weren't really gonna deal anyway so little point. The ball was in their court and they dropped it.

M1

[spotty dog]

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

Hi M1,

True...

I have now written to the Co-op to see if they will confirm when the ticket machine was installed.

Will keep you posted.

[spotty dog]

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

Hi M1,

Just a quick update...

On 19th May this year, I telephoned Wolverhampton County Court to ask what's happening with this case as I have been waiting to hear from them since CCMCC transferred the case on 27th January 2015. I was informed that due to an oversight, CCMCC had not transferred the case to them until much later (I think she mentioned March). I asked her to explain why this matter was taking so long and she explained that the judge had reviewed the papers and asked for DEAL to provide additional information. I think she referred to the state of the file as 'insensible' although when I asked her to repeat what she had said she seemed a bit evasive and stated that I had misheard her. I asked whether the judge would be asking for a further attempt to mediate to which she advised, 'you'll hear something from us within the next 10 days.'

That's it for now - just for your information and to keep this thread updated.

[spotty dog]

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

Hi M1,
Received this letter today - Notice of Hearing

[mystery1]

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

Nothing about filing documents ?

M1