Letter from court is asking that I submit to the court and the other party no later than 14 days ahead of the hearing a "witness statement?" I assume this will give more detail than the original defence I filed?
It states I must:
Start with name of the case and claim number
Full name and adress of witness
Set out witness evidence clearly in numbered paragraphs on numbered pages
End with this paragraph "I beleive that the facts stated in this witness statement are true."
be signed by the witness and dated
Thank you. You shouldn't be claiming for the return of half the money. If you are claiming on the basis that this is an unenforceable penalty or an unenforceable unfair term, then the entire term of the contract. The void and unenforceable and there is no power in the courts to make an apportionment. Therefore your claim must be for the entire £450. Personally I wouldn't allow them to get away with any unfairness. I'm extremely dubious about the other term which apparently allows them to take ownership of the dog if it is not collected within 14 days.
They are only entitled to recover any administrative expenses caused by any breach – assuming that the breach is yours. Have you asked them to account for the £450 and to explain why this might amount to their administrative expenses? Of course it can't possibly do because as that is the full cost of keeping the dog then there must be a margin included in the £450 which represents their profit – otherwise there would be no point in them running the business.
Of course, if the breach is theirs then they would have to return the £450 to you plus any other losses that they had caused you. For instance, if your daughter had been put to any loss which you had to reimburse her for then it might be reasonable for you to claim that as well. Let us know.
Have you send them a letter of claim yet? If you want to be super-nice then you might offer them a small sum by way of administrative expenses as an alternative to forcing you into legal action. I would suggest no more than 70 quid – but I think first of all I would invite them to account for the £450 and explain why they say it equals their administrative expenses.
I don't expect that you will get any reasonable answer and they will simply say that it is in their terms and conditions – but at least you will have something in writing from yourself – and then from them to show firstly that you have tried to be reasonable about your approaches to them and secondly that they are merely relying on terms and conditions and it has nothing to do with administrative losses
I have recently received the Letter Before Claim from Gladstones Solicitors,
I have previously appealled original PCN with One Parking Solution and POPLA to no avail, despite my vehicle being recorded on the site 1-2 minute to turn around there and 3 minutes stopped at the entrance (not parked) so 5 minutes in total having pulled off the public highway momentarily. Not to park as advised to this rather nefarious company!
Would welcome the advice on what to do next please,
Thanks in advance,
I would suggest that you call UC and request mandatory reconsideration (MR) of the decision to pay the LCWRA arrears to DWP debt management towards this disputed Housing Benefit debt.
They cannot refuse the MR request.
Reasons for MR.
1) Housing Benefit debt is disputed and subject to Court Tribunal process.
2) The DWP decision makers letter to award the LCWRA does not mention any decision to pay arrears towards debts. UC are therefore making a decision, without informing of any legal rights they might have to act in this way.
When you make the MR request, ask to submit further evidence within the 30 days allowed. Then send copies of any dispute about the debt.
You could also contact the Council to see if they are happy for health related award money from DWP being paid to them. Send a complaint to Council that you are not happy with this.