Gladstones CCJ

longleggedhair wrote: »

Thanks all. I was out with friends at the time, parked in a dark quiet street a couple of miles away from where they have alleged, but how do I prove it?!

I'll wait to hear further, as I said defence submitted a few weeks ago so when I hear more I'm sure I'll be back picking your brains. Thanks all.

It's not Euro Car Parks is it, your first post is not correct. Wrong firm. Use your eye for detail, please! This is court stuff! It's Euro Parking Services, you will find Blogs by the Parking Prankster about people beating Gladstones claims re that lot. READ SOME. Learn from them.

Sadly the fact you weren't there doesn't prove your car wasn't. Have you not heard of 'keeper liability; until now? You will need to be familiar with it because they are using the POFA Schedule 4 to hold you liable.

You will get a chance to expend at Witness Statement stage, as you will have seen when you read post #2 of NEWBIES PLEASE READ THESE FAQS FIRST'. Even though you've shot toes off with that defence, gain your legs to stand on for Witness Statement stage. Like we told MRDOLLAR in this pepipoo thread, who had written an awful defence (his reaction has been weak despite me - posting as SchoolRunMum on pepipoo - and other regulars telling him what to write to try to rescue his case which is fairly disastrously, further down the line than yours:

http://forums.pepipoo.com/index.php?showtopic=112339&st=0

Final tip, read Jack Basta's and backtobasix's threads because there is a chance you can get a Judge to chuck the case out at DQ stage (you will know what that is from the NEWBIES thread post #2 about small claims, what happens when) on the fact the Particulars of Claim are as sparse as your defence.

DQ next but Gladstones will likely send a misleading version asking for the case to be heard 'on the papers' which you will object to, of course. To be ready for that and to seize the chance at DQ stage to ask the court in a covering letter, for a strike out, see here:

http://forums.moneysavingexpert.com/showthread.php?p=72186926#post72186926

Jack Basta and backtobasix* saw off their claims at DQ stage with a letter as discussed in their threads. Worth a shot, and worth repeating later if not, push and push for the case to be struck out at each stage and come back to use BEFORE writing anything each time.

This is not just a case of waiting for your court day, you have other chances in between. You have made life more difficult for yourself by making no research efforts when getting the claim form, which is regrettable but still worth a fight.

HTH


*search the members list for them and click on their username to read their threads.

Should I throw in the towel now, have I ruined my chances or do you think it's worth continuing?

Your defence is better than MPDOLLAR's and you get to build on it later. Stop being a wetwipe, as my DD would say!

I told you what to do next...what did you learn from the threads by Jack Basta and backtobasix, when you looked them up in the members' list? That's your next chance to get this struck out, so are you ready for this next stage, to copy what they did?

Good stuff, you have nothing to lose because even throwing in the towel now would likely cost more to settle than a Judge would order, if you lose. And we win! Your defence has aspects to build on, more than you realised.

And their Particulars of Claim are woeful and need you to draw that to the court's attention at ALL stages form now on, with an assertive covering letter, starting with the DQ stage.