Legal Notice of Breach of Contract...

[angela-27]

gosh you must be a very loving wife to take the flack!

[Mossycat]

OK I'm confused. I didn't think you could issue proceedings on a surname only, they MUST be issued against an individual.

 

Can you just confirm is it your name or your husband who is named on the court papers

 

Mossy

[skyelet]

ahh, apologies, it is HIS full name on the court papers....

 

only the surname on he defence/admission forms

[MrShed]

So just to clarify, have you in fact told them that your husband was driving?

[skyelet]

the initial appeal was from my husband, his name and address on it, stating the initial reasons why we were parked where we were.... so i think that pretty much said he was the driver at the time, its just unfortunate that the appeal was handwritten and a copy we did not keep

[RichardM]

Quick question.

 

Have you got the local newspapers involved in this, just to up the anti a little bit on the health trust, who probably have no idea of what is going on.

 

I could just imagine the little story about how the hospital is wasting resources by expecting to treat the need for parking in the right spot, even though they had taken one of the car parks out of use, before the need to be on time for hospital appointments.

 

That you are being taken to court by the hospital because you felt that getting to your prenatal appointment at the correct time was far more important, not only for you but for other patients who may have been delayed by your tardiness. Even though you have fully explained the situation to the hospital, it is now taking you to court demanding an extortionate amount of money from you for an alledged breach of contract that you have no knowledge of ever entering into.

 

You can also emphasise the fact that despite the known success rate for such preceedings when defended being extremely low because in law they have no right to anything but their actually losses, they are prepared to waste even more taxpayers money pursuing the case and hiring solicitors.

[skyelet]

Will call my local newspaper in the morning, thanks alot

[skyelet]

Quick update, i called the bournemouth county court a few days back, and was advised that they had recieved my defence, and the letter i had been assisted to write about thier shoddy PoC...

 

 

Apparently the distict judge is looking at it now and I should hear back within the next 2 weeks !

[skyelet]

Case been transferred to my local court, and now there is a Directions Hearing on the 12th december....

 

Is this the hearing at which the judge will make a judgement about who wins the case? How do i know if this judge has read the original letter i sent to bournemouth court about the PoC ???

[slick132]

Hi Skyelet,

 

The Directions Hearing is for the judge to review what has happened so far, and to confirm how the case is to proceed.

 

The case itself will not be heard and no decision will be made, unless either party decides not to proceed to a full hearing.

 

The judge should have all the papers relevant to the case but you could check with the court office to make sure they have a specific letter.

[skyelet]

thanks slick

[Howard0181]

I read your defence and it looks very good. You have the right cases for the Hearing and it would be a good idea if this gets to Court (my guess is that they will back down close to the Hearing date) for you to get some basic details of the case law you have referred to for the Judge.

 

Also, you should get photos of the signs in the car park. Clearly,you never saw the signs. Double yellow lines in a private car park mean nothing. Key part of your defence is that the hosiptal have not suffered any financial loss.

[skyelet]

do i need to attend the directions hearing?

[RichardM]

I thought the directions hearing was on the 12th December (five posts back) or was that a typo and you meant Jan.

 

Worthwhile going if you can, just in case the other side to turn up. You can at least get your own case across to the judge before he decides what to do with it.

[skyelet]

nope wasnt a typo, the original letter from the court said dec, i rang em to confirm this as it was 3 days after i got the letter which i thought was a bit short notice, turns out the court made a typo and its actually tomorow

 

will go with all my papers at the ready

[skyelet]

Skyelet 1 - 0 Aintree University Hospitals

 

Well, went to the directions hearing today, they didnt send any representation AT ALL! What a waste of NHS funding... The DJ decided to strike out the case as no directions were made by Trethowans Solicitors as they never even turned up.

 

Went in to the court, 5 mins speaking to a very nice lady Judge Johnson, and she decided the outcome.

 

WOOOOOOOHOOOOOOOOOOOO

[RichardM]

Skyelet

 

Excellent result for you. Worth turning up for the directions hearing wasn't it;)

 

Now would be the nice time to go to the press and let them know how you were forced to park on double yellow lines because of the inadequacies of their parking arrangements and having one car park completely closed in order to make a maternity appointment on time and save wasting the hospitals time. They have then harassed and threatened you for the past four months through your pregnancy, ultimately putting you through the stress of being taken to court by them. Then having put yu through all this stress, and forcing you to prepare a defence and take the time to attend the court hearing, they could not be bothered to turn up.

 

Would make a nice story for the local rag.

Edited January 12, 2009 by RichardM

[slick132]

Hi Skyelet,

 

Delighted to hear of this - well done you !!

 

[lamma]

did you ask for some costs ?

[Al27]

For your information Michael, this defence *was* actually one of the first 'CAG/Pepipoo Defences' of which you fondly like to talk of. Whilst it didn't get tested, just a bit of information to help you get your facts a little straighter in future.

[ThinClientSolutions]

For your information Michael, this defence *was* actually one of the first 'CAG/Pepipoo Defences' of which you fondly like to talk of. Whilst it didn't get tested, just a bit of information to help you get your facts a little straighter in future.

 

"Michael" cannot come to the phone as he now wishes to be known as "Stephen Thomas". Yes indeed Mikey has morphed into none other than the defendant in the case he claims he won in Oldham. He does like to supply the "entertainment".

[david1605red]

Skyelet 1 - 0 Aintree University Hospitals

 

Well, went to the directions hearing today, they didnt send any representation AT ALL! What a waste of NHS funding... The DJ decided to strike out the case as no directions were made by Trethowans Solicitors as they never even turned up.

 

Went in to the court, 5 mins speaking to a very nice lady Judge Johnson, and she decided the outcome.

 

WOOOOOOOHOOOOOOOOOOOO

Very well done Skyelet, your defence probably caused Trethowans to realise they had no realistic chance of winning, and decided not to bother pursuing it.

 

Regarding costs, you would have been entitled to claim for "time spent preparing your defence" at the standard Litigant In Person rate, currently £9.25 per hour. The DJ could have awarded this on the day, but probably too late now.

 

We've also seen the well-known pie-eater pretending to be "stethomas" on the MSE forum, until the mods booted him off.

[skyelet]

Extremely poor on my behalf. but a great huge THANKS to everyone that helped!

 

I was going to go to the papers, but I thought I would consider my victory enough, and if anything surfaces in the future, I will then use my evidence against them