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my draft defence Gladstones - PCM Court action
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As I see it, they cannot just appeal. They need permission first.
To get that they need to complete a form and send it to court within 21 days of the original judgment.
Once they've lodged the form, they must send a copy of that form to you - within 7 days. They appear to have omitted this critical step.
What youd normally want to do is to consider the form and prepare a written argument as to why the court should not have an appeal hearing.0 -
It will be very interesting to see how this concludes and whether you will get your money! All these Parking companies seem to use underhanded techniques for their ill gotten gains. I really hope they are forced to pay you!0
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You need to ask for a copy of the set aside application.
They are trying to set aside the judgment in your favour (much like many posters here, like you, are trying to set aside CCJs against them).
They must have grounds to win a set aside.
They CHOSE not to attend the final hearing. They cannot be saying they were not aware of it (presumably they complied with the rest of the order saying when the final hearing was).
Ask for a copy of the application and supporting evidence and put in your own statement responding to it. We'll help you.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Loadsofchildren123 wrote: »You need to ask for a copy of the set aside application.
They must have grounds to win a set aside.
They CHOSE not to attend the final hearing. They cannot be saying they were not aware of it (presumably they complied with the rest of the order saying when the final hearing was).
We'll help you.
Received today court letter for set aside hearing along with set aside application form N244 FROM Gladstones:
Gladstones asked to set aside on the basis that '' due to administrative error of Gladstones Solicitors Ltd., it was not aware that the small claims track hearing listed for date xxx had been vacated and a hearing had been listed for date xxx to deal with the costs and therefore the Claimant has a good reason for not attending (CPR 27.11(3)(a)) and has a real prospect of success at the hearing''
Also they attached fake documents that they sent WS by email to me which I never received & that email from email address different to their email address in N180 application.
Also there is another fake letter that they filed a WS to court before dead line. of course that is not true as the court cost hearing was after the WS submitting dead date and the judge confirmed the court received nothing from them.
They didn't mention any thing about why they didn't pay the court fee on time.
They didn't feel any shame by submitting fake documents like that. Do I need to write to court saying it's fake documents as the court record all the document they received?.0 -
Of course. You do as LoC suggested and put in your own statement detailing this and all the other reasons why the set aside should not be allowed.Do I need to write to court saying it's fake documents as the court record all the document they received?.
Post your draft on here for advice.0 -
Of course. You do as LoC suggested and put in your own statement detailing this and all the other reasons why the set aside should not be allowed.
Post your draft on here for advice.
I find it shocking that solicitors could fabricate information like this. I thought they were supposed to be honest!0 -
ruffneck247 wrote: »I find it shocking that solicitors could fabricate information like this. I thought they were supposed to be honest!
Most solicitors are ...... the parking scam has currently
four solicitors who work for peanuts and prostitute
themselves out and in many times pimp themselves out
The SRA which these very dodgy solicitors subscribe
to seem to be totally blind and deaf and the SRA ignores
it's own principals
https://www.sra.org.uk/home/home.page
The bottom line is that the SRA simply cannot be trusted
and why would anyone trust them if they are looking
for a good honest solicitor0 -
A skeleton argument and statement is needed prior to any hearing.due to administrative error of Gladstones Solicitors Ltd., it was not aware that the small claims track hearing listed for date xxx had been vacated and a hearing had been listed for date xxx to deal with the costs and therefore the Claimant has a good reason for not attending (CPR 27.11(3)(a)) and has a real prospect of success at the hearing''
Why this this a good reason in the context of a professionally represented claimant? In Denton errors made by Solicitors under pressure of work were amongst examples cited by the court that were NOT good reasons. Gladstones error #1Also they attached fake documents that they sent WS by email to me which I never received & that email from email address different to their email address in N180 application.
Technically the CPR requirements when effecting electronic service (look them up) mandate a telephone enquiry to obtain permission and specifically enquiries regarding your server's ability to handle attachments. Presumably to avoid exactly this type of situation. Gladstones error #2
Have they provided a copy of the email sending the attachment that contains the date/time of sending to your address?Also they attached fake documents that they sent WS by email to me which I never received & that email from email address different to their email address in N180 application.
How likely is it that everyone failed to receive everything? The implausibility of this may be Gladstones error #3. Please confirm that the witness statement attached to the application is signed and dated by a qualified Solicitors as that makes a difference as to how much weight the court will attach to it.Also there is another fake letter that they filed a WS to court before dead line. of course that is not true as the court cost hearing was after the WS submitting dead date and the judge confirmed the court received nothing from them.
Failure to pay the court fee is generally fatal. Was that on the hearing you attended? There's lots of case law and CPR part 3. This is not minor and may well be Gladstones error #4They didn't mention any thing about why they didn't pay the court fee on time.
There's a reasonable amount to work on... I'd definitely lodge a witness statement and ask the Claimant for a copy of their hearing bundle (if they're preparing one) and to ensure the statement goes in it.0 -
Have they provided a copy of the email sending the attachment that contains the date/time of sending to your address? .
the email just saying WS attached & there is date & time of sending I checked my email twice there is nothing in the date they mentionedPlease confirm that the witness statement attached to the application is signed and dated by a qualified Solicitors as that makes a difference as to how much weight the court will attach to it.
There is no WS attached to the application they just filled section 3 & 10. Yes it's signed and dated as a solicitor.Failure to pay the court fee is generally fatal. Was that on the hearing you attended?
They failed to pay the court fees for the original hearing. The hearing I attended was for my costs hearing after the original case strucked out for non payment the fees. They didn't appear in the costs hearing as well.0
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