Court and claim defence procedure

Coupon-mad

Do I need to send another letter of defence to court or just prepare something for the hearing?

Both - see bargepole's post linked under 'Small Claim?' in the 'NEWBIES FAQs' sticky thread at the top of this forum board. He explains what paperwork to send, where, when and how to complete it.

And do I HAVE to attend the hearing?

YES unless you fold and settle just before. Sit tight, run with it and see how you feel nearer the time. Not all cases continue to a hearing (they have to pay a hearing fee first so we'll see) so no need to panic. Even if you lose at a hearing you would likely pay LESS than is currently demanded as they've added costs they cannot recover.

Boost your confidence by Googling 'Gladstones Parking Prankster' and reading all the dozens of cases they have mucked up, many turning on 'unclear signs'.

System

Location? Was it Spinningfields?

ojey

yes, it was in Spinningfields!

How do I reject the special directions claim asking the case to be decided by documents? Do I attach a cover letter to the Direction Questionnaire or is there another process?

Thanks

Grimble

You write to to the court stating you want a hearing in person at your local court, someone will give you the wording. Gladstones are well known for this scam.

ojey

When do I need to write to the court? and Where can I find a wording template? Can I do it through the phone or needs to be in writing? I need to send the questionnaire by tomorrow.

Grimble

Thanks to Gan on Pepipoo
You must oppose this by objecting to it when you receive the Directions Questionnaire

The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.

The Defendant objects strongly to this proposal.

The Defendant denies the claimant's assertion that the matter is relatively straightforward.

The issues in dispute include the Claimant's defective Particulars of Claim, its failure to meet the requirements of the Protection of Freedoms Act to pursue the Defendant, who was not driving, and its obligations under the Equality Act 2010.

As a litigant in person, the Defendant would be seriously disadvantaged against the Claimant, a parking company that has employed its trade association's solicitor to prepare its documents.

The Defendant will also wish to question the Claimant regarding its witness statement and other documents.
The Claimant has already refused to answer the Defendant's request for further information when put as a request under Part 18 of the Civil Procedure Rules.
The Defendant will in particular wish to verify that any photographs submitted by the claimant show the signage in place at the time of the event that did not meet the requirements of its trade association's code of practice.

The Defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the Defendant is a consumer.

You might need to take the sentence out about diability unless it applies.

ojey

Thanks Grimble.

I will send a cover letter attached to the directions questionnaire with the following:

"The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.

The Defendant objects strongly to this proposal.

The Defendant denies the claimant's assertion that the matter is relatively straightforward.

The issues in dispute include the Claimant's defective Particulars of Claim, its failure to meet the requirements of the Protection of Freedoms Act to pursue the Defendant, and its obligations under the Equality Act 2010.

As a litigant in person, the Defendant would be seriously disadvantaged against the Claimant, a parking company that has employed its trade association's solicitor to prepare its documents.

The Defendant will also wish to question the Claimant regarding its witness statement and other documents. The Claimant has already refused to answer the Defendant's request for further information when put as a request under Part 18 of the Civil Procedure Rules. The Defendant will in particular wish to verify that any photographs submitted by the claimant show the signage in place at the time of the event that did not meet the requirements of its trade association's code of practice.

The Defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the Defendant is a consumer."

Do I need a statement of truth at the end?

Thanks again for your help.

Grimble

Are you covered by the Equality Act? ie have a disability? Have they refused to answer your part 18? you may need to edit.

ojey

not sure what is meant by equality act.
I dont really have any recognised disability.
I have requested information part 18 by email, and they have replied saying that I should get in touch with a solicitor or advice bureau to get those information.

Grimble

Just take the bit out about the equality act.