Court Case - Millennium/Galdstones

Lamilad · 31 March 2017 at 6:51PM

Coupon-mad wrote: »

Hang on that's emailing it to the CCBC

Apologies, i had my Homer Simpson head on earlier (must be too many donuts). I would say i was confusing WS with defence but you wouldn't email your defence to the claimant....

Yes, as CM (correctly) says you can email your bundle to your local court if you speak to them first but it's better (and recommended) to deliver it in person.

Organise your bundle as CM says and as i have described above - i, at least, got that part right!

dramaking · 31 March 2017 at 7:23PM

Thanks. Will add the extra para you suggest. I haven't seen a landowner contract (I have asked) but I'd guess it's the same situation as in your case as the sign says MPS rather than MDES.

Loadsofchildren123 · 31 March 2017 at 7:44PM

Add a para then saying that you do not accept that the Claimant has locus standi to bring the claim as the signage was in the name of MPS and therefore any contract was between the driver and MPS.

Loadsofchildren123 · 31 March 2017 at 9:04PM

Have a look at my skeleton which sets it all out

Loadsofchildren123 · 31 March 2017 at 10:59PM

The reason you need to reserve your position in relation to further points is this. And it was an odd quote from MOS's owner on tonight's X-ray program that reminded me of this.

In the landowner contract in my case, MPS is only authorised to ticket cars that are REPORTED TO IT BY THE LANDOWNER. So when you see the contract if this clause is in it ask for evidence of any report about your car. Ask over and over for it. They will ignore you. I think it's an important point. No report, no right to ticket.

Loadsofchildren123 · 1 April 2017 at 8:47AM

I think because it's MCOL you just electronically file the defence.
Everything else is filed (at court) AND served (sent to other side).

Filing - you can email things to your local court but not a bundle. Posting is fine. Or deliver in person.

If you post, as long as you post on the day of service the court isn't going to take a point that it arrived with them a day later.

If you hand deliver, please note that court counters are only open 10am to 2pm. Before/after these times you have to post your documents through a letterbox by the door. The box at my local court is opened once a day only, at 9am. Documents that have been delivered since 2pm the previous day are stamped as received that day. Documents delivered after 9 (but outside counter hours) are not stamped as received until the following day.

For example, I went to file a supplemental court bundle on Thursday at 9.15am the day before the final hearing (Claimant had bizarrely omitted from the main court bundle both the Defence and Defendant's witness statement!!). I couldn't put it in the letterbox otherwise the court wouldn't have had it until the morning of the hearing which was no good. So I had to go away and return after 10. Which was actually really inconvenient and annoying.

Loadsofchildren123 · 1 April 2017 at 8:49AM

PS if you do a Skeleton I'd never advise turning up with it on the day. That will annoy the judge. File and serve it 3 or 4 days before. Where there is a powerful Skeleton this has the added benefit of encouraging a discontinuance. .

Loadsofchildren123 · 1 April 2017 at 10:34AM

The standard directions (the 2-page order you receive once the case has been transferred to your local court which sets out the timetable for Witness Statments, the final hearing etc) includes a direction that 1 week before the hearing the Claimant must lodge/serve a final hearing bundle containing all the relevant documents. That's what I am referring to.

The Claimant in my case (also Mllennium) lodged a bundle apparently prepared by a chimpanzee - parts if it were not numbered (it's supposed to be paginated) and it was missing core documents. So I prepared my own Supplemental Bundle and lodged it the day before.

Did they not do this in your case?

Loadsofchildren123 · 1 April 2017 at 2:21PM

It is a bit cheeky but they are entitled to do that. Some solicitors do, because some emails can go into spam, viruses etc.
There should have been a standard direction in your timetable for the Claimant to file and serve a court bundle 7 days before the final hearing. Check the order. Write to Gladstones to complain and to demand your bundle by return (say you will not accept service of this by email but only hard copy). Point out they are in contempt of a court order and ask for a full explanation.

Complain to the court as well.

Did Mr G turn up at your hearing btw? If he doesn't turn up at the next hearing make a big song and dance. Witnesses HAVE to attend for cross examination. So if he doesn't you can invite the court to disregard his evidence. If a witness can't come you are supposed to serve a Civil Evidence Act Notice. Challenging a witness's evidence is a fundamental right.

That said, his statement probably says little other than "here is the landowner contract and the other documents" so a DJ will probably not disregard it unless they are in the mood to make an example of someone.

Umkomaas · 1 April 2017 at 9:13PM

I am aware this is someone else's case page so perhaps we should talk more on this at mine.

I agree - no 'perhaps' about it, please don't blow the OP out of the water by posting detailed questions about another case and diverting regulars away from this one. It's just so unfair on the OP. They too have just as worrying a case to deal with as anyone else seeking help here.

Court Case - Millennium/Galdstones

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