GPB Northampton county court letter

zzzLazyDaisy

zzzLazyDaisy wrote: »

If you really can't find it, come back and I'll help you to make a request for documents to GPB.
D

Hi, in response to your PM. If you require copies of documents from the PPC you make a formal request for disclosure of documents. If they refuse/fail to reply (almost certainly the case) then you send a copy of your letter to the court and ask the court to make an Order that the claimant comply with your request.

However this can only be done in the context of court proceedings, and also the courts do not like multiple requests for such orders, so it is important that you clearly list all the documents that you need copies of, in one letter, and then make one application to the court.

SO....

That means that:

1 obviously you need to check on MCOL that you have received genuine court papers
2 you need to file the acknowlegdment and defence, and wait for any response to defence that the claimant might file
3 go through the court papers and work out what documents you need to see
4 write to the claimant giving them 7 days to send them
5 make an application to the court when they refuse/ignore your request
6 once you have copies of the documents you may need to file a supplementary defence dealing with issues that have arisen - but there is a possibility that they will also ignore a court order and you will then be into seeking an 'unless order' and or applying to strike out for non-compliance.

I can help you with steps 4, 5 & 6, but you have to get there first!

In the meantime, if you have lost or disposed of documents that you need to refer to when preparing your defence - just write to the PPC stating that to assist you in compiling your defence you require copies of all the letters or documents that the claimant claims to have sent you during the conduct of this matter including, but not limited to: (then list all the documents that you believe to be missing eg 'windscreen ticket', notice to keeper, any reminders they claim to have sent you. If you have lost the LBA/LBC but know that you had one, ask for a copy. If you do not believe that you ever received one, don't ask for a copy but make it clear in your defence that the Claimant did not serve a LBA before starting proceedings, and let them prove one was sent).

Hope this helps

Daisy

Arny515

Thank you I appreciate the replies I shall give the court a call right now to check the validity although I have acknowledged it on the MCOL site so does that mean it is real, also I think the document that I need is the NRK

The other documents I have in my possession are listed below, appreciate your time and replies


https://docs.google.com/file/d/0B6e_p9X69HvpMXd4TnNVb1VkY0k/edit?usp=sharing
https://docs.google.com/file/d/0B6e_p9X69HvpN1QyalR2ZWlld2M/edit?usp=sharing
https://docs.google.com/file/d/0B6e_p9X69HvpNUhZLVhLTnhObVU/edit?usp=sharing
https://docs.google.com/file/d/0B6e_p9X69HvpZFJmR0RHUjVBUEk/edit?usp=sharing

Coupon-mad

Can't see those links as you have to login. :cool:

Arny515

My apologies, sorted the issue with the links

It is frustrating because I rang the number provided on the claim form to confirm whether the case is live or not and the phone call led me to options which then left me with a recorded message and no opportunity to speak to anyone which is a bit weird.

zzzLazyDaisy

One of the letters that you posted is a letter before claim (or rather GPB's pathetic attempt at one). It is non-compliant in a number of respects, so you should include in your defence a strong complaint about their failure to comply with the Practice Direction on pre-action conduct, in failing to serve a compliant letter before claim providing the required information, and also in failing to complete the steps required of the claimant before starting legal proceedings, and ask the court to Stay (ie suspend) the court proceedings to allow time for the parties to complete the Pre-action process.

Also confirm to the court that you are willing to agree to ADR and invite the claimant to refer the matter to the Parking on Private Lands Appeals service, this being the appropriate form of ADR set up by the parking industry for this purpose and ask the court to Stay the proceedings to allow time for the ADR procedure to be completed

Obviously you then need to go on and file a fully pleaded defence (see the links Coupon has posted above).

I also suggest that you write a firm letter to GPB solicitors as follows:

---

GPB Solicitors
ADDRESS

quote their reference on the court papers

Dear Sirs

Northampton county court
Case name [xxx v xxx]

I am the defendant in the above court proceedings. I confirm that your client's claim is disputed, and I am now in the process of filing my defence.

The purpose of this letter is to express my serious concerns about your firm's conduct of this matter to date - specifically your failure to comply with the Practice Direction on Pre-action conduct, which the claimant is obliged to to before starting proceedings. This includes serving a letter before claim which complies with the form and content of Appendix A, para 2 of the Practice Direction. In this regard I respectfully refer you to Para 4 of the Practice Direction concerning non-compliance and sanctions.

As an unrepresented defendant with no legal training or experience of court procedure, I have only learned of the existence of the Practice Direction since the start of these proceedings. However, as a firm of solicitors specialising in litigation, it seems inconceivable that you could be unaware of a Practice Direction issued several years ago. Yet the 'Letter Before Claim' served on me by your firm prior to the start of these proceedings does not comply with the Practice Direction in any way, shape, or form. Had you advised me of the Practice Direction in the Letter Before Claim, as you were required to do, I would have taken advice and followed the steps laid down by the direction. Had your client complete this process before starting proceedings, I have no doubt that the matter would have been disposed of without the need for formal legal action.

As it is, I will be making a formal application to the court for an order staying these proceedings to enable time for the parties to complete the Pre-action Conduct process, and inparticularly to enable the parties to refer this matter to POPLA (this being the appropriate form of ADR set up by the parking industry for this purpose).

Accordingly I hereby invite you to advise your client to consent to my application for a Stay (occasioned by the failure of your firm to follow proper procedures). Should your client refuse consent, I shall be making an application for an order that your client pay my wasted costs as a result of its frivolous and unreasonable conduct of this case, pursuant to the provisions of CPR Part 27.14 (g).

Finally I would ask you to note that I am now considering making a formal complaint to the Solicitors Regulation Authority concerning your firms conduct of this matter.

I trust this will not be necessary and I look forward to receiving your postive response by return.

Yours faithfully

PRINT NAME

Iceweasel

That's some cracker of a letter there, LazyDaisy.

Brilliant in fact.

Arny515

Sorry not been around to reply for the last day or so but thanks Daisy I've followed those links also and been provided with a defense from the pepipoo forums, which needs slightly adjusting I've been told.

Also Daisy the letter you've advised me to send where would I insert that into the defense as I am totally clueless with these legal proceedings and also what about the ADR part how would I go about mentioning that

Your help is much appreciated hopefully I can get this sent by this weekend

Arny515

Hi there I am a little worried whether I need to file my defence by this Friday or within two weeks as this is what I received when I filed the Acknowledgement in PDF form and the mention of the 14 days in the bottom right corner has left me concerned or is it the 28 days that applies because of the fact I intend to defend

Thanks and help would be much appreciated

https://docs.google.com/file/d/0B6e_p9X69HvpeGtWdzRlS3ZwU00/edit?usp=sharing

Coupon-mad

The original 14 days only extends to a TOTAL of 28 days. You do not have 28 days to defend, after acknowledgement (you would end up with a default judgment if you miss the boat).

Arny515

Coupon-mad wrote: »

The original 14 days only extends to a TOTAL of 28 days. You do not have 28 days to defend, after acknowledgement (you would end up with a default judgment if you miss the boat).

Thank you for the quick reply so am I correct in saying I have 28 days from the 27th September ? it's just after those links you gave me I received a generic defense and need to edit it to fit my circumstances once again thanks in advance