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bolmgsr

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Everything posted by bolmgsr

  1. Judge mentioned section 43 of companies act 2006 as the reason the contract didn’t need to be witnessed. I’m not really qualified to argue legal matters I was hoping my witness statement would explain it all.
  2. Had a telephone hearing with judge Davis and representing VCS was a mr Nixon moss. To cut a long story short the judge dismissed all the points on my witness statement except for the extra £60 added to the fine which he said I didn’t have to pay. It all came down to whether or not I was in the fuel station or not and the judge decided from looking at the photo (which I think is still inconclusive) that I was in the fuel station which meant it wasn’t covered by the bylaws. I can’t remember the exact reason the other points were dismissed, he said something about the contract that had not been witnessed was not the sort of contract that needed to have the witness signatures. I was ordered to pay the £100 fine and £100 court costs Nixon moss tried to claim expenses but the judge said that he had summarised everything and that was all I had to pay. Thanks for your help I’m glad I fought It, think the judge had some sympathy with me but in the end ruled in favour of VCS.
  3. Hi, date for VCS to pay the £25 as requested by county court passed on the 20/7/21, I’ve not heard whether it was paid or not is this normal. Thanks
  4. My Final WS edited The only reference you can go by is the post with the sign on it you can also see to the left of the picture the road that goes up to the carparks I more or less did a 3 point turn there and drove out I have the video showing this as well MY WITNESS STATEMENT (A).pdf
  5. Just for your info Ive just received VCS WS the whole file was too big to upload so I've just picked out the statement. Claimants WS.pdf
  6. Ok thanks everyone, I’ve made the relevant changes just need to get all the exhibits together then send copies to court and VCS. Thanks for all your help and I’ll keep you posted on what happens.
  7. Thanks for the advice everyone. lookingforinfo does this need to go under a contract heading? FTM Dave has kindly set things out for me and I don’t want to mess things up but I’m guessing it needs to go at the top of the WS somewhere if it has the potential to win the case and can I just copy and paste it or do I need to construct something out of the advice you have given me. Thanks again
  8. Draft copy version 2 of my witness statement, again id appreciate any feedback on what to include or omit WS version 2.pdf
  9. I’m not jumping the gun but they not only obtained my data from DVLA but also passed it on to Elms legal to harass me and who they have now dumped
  10. Here is a draft copy of my witness statement id appreciate it if someone could have a look and advise me of any additions or changes that need to be made most is copy and pasted from a previous WS as suggested by FTM Dave with the bits I've added that relate to my case. Thanks in advance WS Draft.pdf
  11. Wow that witness statement is quite a lot to take in, I’ll start with telling my story then look for the relevant parts to fit in and post for you to have a look at. Will it all have to be itemised and exhibited like that is. thanks
  12. Hi thanks for your reply here are the documents Notice of Allocation to the Small.pdf Each party shall deliver to every other party and to the Court office of all documents (including any experts report) on which th 2.pdf
  13. Hi, been sent a date for my hearing via a telephone conference. I need to prepare a witness statement any advice please or do I just tell it as it happened. Also it says That this case has been listed with another small claim and if both cases are effective then one case will have to be stood out, I’m not sure what this means but they will let me know no less than 7 days before the hearing. they are asking VCS to provide additional directions in a contractual claim for breach of parking terms and they have until July to do this .
  14. I’ve got an appointment for mediation on the 8/6/21 but it says I have to be willing to negotiate on the amount of the claim which I’m not really, what should I do. cheers
  15. My apologies hopefully now fully redacted. For reference the letters I received today cheers Our Ref.pdf Notice of change of legal.pdf
  16. Yes n180 sent on the 7th copy sent to ELMS but being as they are no longer involved will VCS say they have not received a copy
  17. Had a letter this morning (2 in fact both the same) from VCS saying they are no longer being represented by ELMS and they are representing themselves and are offering me a reduced fee of £175 to settle.Is this their last attempt to get money out of me before it goes to court. Are you familiar with these tactics?
  18. It’s the blank one from the court directions questionnaire that I need to fill in and send back to the county court business centre it also says I should serve copies on all other parties
  19. Today I received the proposal form for my case being referred to the small claims track. ive been expecting this after reading the claim form threads but just want to know should I enter into mediation? Will this achieve anything. thanks
  20. Hi, just filling in my defence on MCOL at the end it’s asks if I want to make a counter claim and how much would I be claiming for, any advice would be welcome. cheers
  21. Thanks for all your continued support, Is this more suitable 1 The Defendant is the recorded keeper of ******* 2. The Claimant was not contracted by the landowner to provide prohibition management services and is not capable of entering into a contract with the Defendant on its own account, as the the road is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 3. In any case it is denied that the Claimant entered into a contract with the Defendant. 4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief.
  22. 3rd time lucky There is no liability in this matter as East Midlands Airport land is covered by its own bylaws and therefore not subject to POFA 2012. Signs stating no stopping is not an offer of a contract, but a prohibition and no contract can ever be formed or exists for prohibitions.
  23. Any better ? I dispute the fact that I entered the fuel station and therefore any mention of signage within the fuel station is irrelevant. There is no liability in this matter as East Midlands Airport land is covered by its own bylaws and therefore not subject to POFA 2012
  24. Is this enough or do I need to include anything about bylaws, POFA etc I dispute the fact from the claimant that I entered the fuel station. The photos and CCTV evidence they have are inconclusive and does not show my vehicle in the fuel station boundary as claimed by them.
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