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skeet23

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  1. Hi Everyone, Well, they (gladdys) finally paid up ... and only one day after the "due" date. Thanks again for all of your help. I've made a donation ... keep up the good work. Best Regards, --skeet23.
  2. Hi All, Well - I had my day in court. No show from Gladstones. The Judge stated that he was "aware" of this car park and the "cloakroom tickets" that they issue. He thought some of my arguments were legally tenuous (my words, not his) but he accepted the "de minimis" argument, in that a ticket was purchased and displayed in good faith, and that in this respect, the terms and conditions had been met. The claim was thrown out and he awarded my incidental costs plus loss of earnings. I had chanced my arm and asked for 10 hours of "litigant in person" research costs but the Judge told me that this was not applicable to the small claims court. Still, a win is a win! When those nice people at Gladstones and HX send me a cheque, I will be making a donation to the CAG. My thanks to everyone on this forum for the help and support I have received. Best Regards --skeet23
  3. Evening All! I've amended to reflect @brassnecked's comments (as per post #86, simply changed "mitigating circumstances" to "facts"). Everyone keeps suggesting @ericsbrother should give it the once-over but time is running short - I'm out of the country for a week from tomorrow morning, and my return will fall inside the 14 day period that the WS must be served - i.e. too late! I don't want this to sound like an ultimatum, but if EB hasn't replied by mid morning tomorrow, I am going to have to send it with or without his blessing. Best Regards, --skeet23
  4. Hi All. I've made the suggested changes. Posting for a final review as I need to print and mail it on Friday. Best Regards, --skeet23skeet23_witness_statement_03.pdf
  5. Thanks, @brassnecked. Understood. I was using "mitigation" in the way we use it in my profession ... for example, in an IT project we would try to "mitigate" risk (i.e. take actions to alleviate it or reduce its impact) ... I was unaware that in a legal context it would imply "I am guilty but please be lenient because ...". Would "Mitigating Factors" be a better title ... as I mentioned in post #82, I am trying to convey how reasonably I have behaved, and how unreasonable the claimant's behaviour has been, and how trivial the "transgression" really is, leading to the "de minimis" conclusion. Best Regards, --skeet23
  6. Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
  7. Thanks for your comments ... attaching an updated WS. I'd appreciate any further feedabck etc ... I need to file this by the end of the week. Regards --skeet23 skeet23_witness_statement_02.pdf
  8. Hmmm. Or indeed any evidence the contract was still in force in October 2018 ? Is it worth mentioning this in my witness statement ? --skeet23
  9. Hi, All. Thanks for your comments. Attached is the remainder of "their" WS ... and the first draft of mine. I look forward to your feedback. Regards, --skeet23 WS-Redacted_2.pdf skeet23_witness_statement_01.pdf
  10. Here's the text portion of the claimant's witness statement. I will upload the remainder of it soon (it's all images inside the PDF and will take a bit of work to extract and redact)- but in summary it will contain: * The contract between the landowner and claimant * Images of the payment machine and signage (IMPORTANT - these are different from the pictures I have taken !) * Site map showing position of signage * Audit log from "zat park" roboclaims software --------------------------------------------------------------------------------------- * Original NTK Letter * Final Demand Letter * Some postal logs * My "Appeal" letter * Appeal Rejection Letter * Parking Whitelist * Pictures of the vehicle * Letter before Claim I don't intend to upload the NTK and anything below that (unless someone asks) ... it's either already on this thread, or, in my view, not really relevant. Also, the mail from gladdys contained this: The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. What does this mean ? Is it am attempt to get an "on the papers" hearing ? Thanks --skeet23 WS-Redacted.pdf
  11. A bit of an update: N180 received and returned to court on 10th July as per post #64. (August) Received hearing date ... hearing would have been during my holiday abroad. (August) Wrote to court, stating that hearing was during the "unavailable dates" I had filled on the N180 (September) Court vacated original hearing date and re-listed for a new date. Here's the good bit ... our friends in Knutsford possibly have not twigged this ... because today, via EMAIL (despite having explicitly told them to serve documents by POST), I received their witness statement. Guess it's lucky that I screwed up blocking their domain ! Anyway, I'll get my witness statement finished off in the next couple of days. What's the best way of getting it to you guys for review without tipping off the opposition ? (Similarly I guess I can share their w/s) Best Regards --skeet23
  12. @dx100uk, @brassnecked Yes. As per the advice on other threads, gladdies copy did NOT have my email address, phone number or signature. They have already tried their email trick (see posts #56-62) and have been told to use (royal) mail for service of documents and that future emails will be blocked. --skeet23
  13. Hello, All. Just a quick update - I received the N180 last week and posted it today. Stated "No" to mediation (since gladstones already have already declined mediation) and that I wanted a hearing in my local court. I guess now is the time to start working on a proper witness statement - they are not going to back down now, are they ? Any suggestions or reccommended templates or outlines gratefully received. --skeet23
  14. Well, they don't hang about, do they ! On Monday, Gladdys emailed me (I put my email address on the MCOL site, they must have grabbed it from there) >>>>> Re : Our Client : HX Car Park Management Limited Claim Number: XXXXXXXX We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim. Please find enclosed a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing. This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree. You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. Yours sincerely <<<<< Attached to this mail is an N180 Directions Questionnaire. Having scanned through this, I have a concern regarding section D1: At which County Court hearing centre would you prefer the small claims hearing to take place and why? PURSUANT TO PD27 (2.4) SEE REQUEST FOR SPECIAL DIRECTION AND N159. If the Defendant does not consent - Claimant's home court. Is the request for special direction their request to do it "on the papers" ... and does the "Claimant's home court" mean I'm going to have to travel half way across the country to defend myself? Do I need to do anything about this now? Assume it's best to email back and instruct them to (1) not use this email address again and (2) send all further correspondance by post. On Tuesday, a letter from the court arrived stating that they acknowledge receipt of my defence and it will be served on the Claimant and/or their solicitors ... they have 28 days to decide to proceed otherwise he case will be stayed. I assume I don't need to respond to this! Best Regards --skeet23
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