Court Case Gladstones next week, Court bundle finally received!

Coupon-mad · 9 June 2017 at 11:24PM

What? You won but were told to pay Gladstones costs?! How does that work?

Can you explain a bit more exactly how this went.

And which Court and Judge? This is madness.

Sounds like you felt you were about to lose, then at the last minute, the Judge decided POFA meant you couldn't actually lose, but it seemed the Judge didn't believe you sent a letter. But that letter was, as FACT, 'deemed delivered' in law?

teccom · 9 June 2017 at 11:35PM

Coupon-mad wrote: »

What? You won but were told to pay Gladstones costs?! How does that work?

Can you explain a bit more exactly how this went.

And which Court and Judge? This is madness.

Sounds like you felt you were about to lose, then at the last minute, the Judge decided POFA meant you couldn't actually lose, but it seemed the Judge didn't believe you sent a letter. But that letter was, as FACT, 'deemed delivered' in law?

Correct Judge sided for ages with Claimant on signage, which had no relevance, as no RK liability therefore no contract as far as I could see, then Judge almost went on to say rule against me FOR NOT nominating driver earlier, I explained PoFa does not require/force me to provide the drivers name, and that in fact any liability to keeper is subject to Sec4, of which Sec5 overrules, I had to provide a copy and Judge agreed, but said as my initial defence made no note of the letter of which the Judge waved around (insinuating its sending full stop", but then accepting in law a first class letter is deemed to be sent after XYZ days of which I pointed out the very PoFa notes the Judge basically agreed, struck out any tickets/fines but done me for costs and Claimants mileage!!!

teccom · 9 June 2017 at 11:36PM

Can i mention court/judge as Claimant was giving it large on forum use AS was the Judge!!!!

Coupon-mad · 9 June 2017 at 11:40PM

Yes, you can.

Please tell us EXACTLY what the Claimant and Judge said about forum use? Word for word, as you can recall?

teccom · 9 June 2017 at 11:47PM

Coupon-mad wrote: »

Yes, you can.

Please tell us EXACTLY what the Claimant and Judge said about forum use? Word for word, as you can recall?

Dartford Court
District Judge Smith

Basically my defence was ill advised and likely a cut and paste and the fact that I had sent a letter stating requirements of PoFa and the RK points on LBC, BUT then failed to mention it on my initial defence, even though on PoFa there should be no case to answer as the ACT was not complied upon she effectively said she casted doubt on if the letter was ever sent, but did not address any other evidence from me after seemingly siding on loads of "signs" evidence!

I stated I was not sure of the relevance of the PoFa act regards to RK until I did my homework.

One other thing Claimant expected before entering the case to be immediately thrown out due to GS failing to follow disclosure rules, but instead we got in there and Judge immediately said your late/ their late hey ho, not going down that road, neither of us said a word but Claimant agreed !

System · 10 June 2017 at 7:56AM

Basically my defence was ill advised

That would appear to be the issue and why costs were given against you. Some judges take the view that the parties should do everything to stop it getting to court. And others take exception to the Defence and Witness Statement being different.

as Claimant was giving it large on forum use

Also was there a legal rep from Pace or was it Mr C (ex-Met detective) himself. Sounds like it was as he doesn't like being challenged.

Did I mention my name?

You don't have to to be identified.

Court Case Gladstones next week, Court bundle finally received!

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