Court and claim defence procedure

Coupon-mad

Agreed. No-one should copy this 'and its obligations under the Equality Act 2010' verbatim without thinking, hang on, does that (disability discrimination) apply to me?

Redx

ojey wrote: »

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.

this is court , always read , digest and understand what you are writing , not just copy and paste with no thought for the content , grimble was trying to help you , not write it for you

the G@N letter was to help you fill in the paperwork, not , ctrl c and ctrl v and thats it , without proof reading it

if you are not covered by the EA2010 and dont know what it means , remove it

WHO REPLIED BY EMAIL ? GLADSTONES ? E S PARKING ? WHO

dont be vague when replying , dont say the word they and assume we know who "they" are, use the actual name

parkingwoes_2

ojey wrote: »

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

So have you filed your N180 Directions yet?

The "Special Directions" are typically by default if YOU DON'T put in your local court and can be emphasised:

You should complete the form:

Tick yes to suitable 'small claims track'

Put in your local county court in hearing venue - (say why so close to home or work as applicable ) add that you do NOT agree to hear on papers only as there are aspects of the case which require a full hearing.

Tick No to expert witness

No of witnesses is One ( yourself)

tick the appropriate box for interpreter

Complete any known dates you are not available.


the form also needs your personal details.


Mediation is a point you will need to decide for yourself. Generally, speaking for all IPC/Gladstones cases I would say NO to mediation, however they have ticked NO so by ticking YES you could look to be acting reasonably. However, bear in mind that the mediator WILL try and get a settlement figure from you and you need to know how to handle these.


Remember that the directions need to be filed on both the court and claimant or Claimant's solicitors.

And you could send a short covering letter:

Dear Sirs

RE COURT CLAIM (xxxxxxxx) (PPC v your name)

Please find attached my completed N180 directions with regards to the above case.

For the avoidance of any doubt, I do not agree that the matter should be held on papers and have request that this is heard in my local court. (insert name)

There are aspects of this case that need to be determined at a full hearing, which cannot be resolved on papers only.

Yours

ojey

Thanks for your help guys.

I sent the directions questionnaire with a cover letter rejecting the special direction requested by the claimant and requesting for oral hearing because the case is not straight forward. I've put most of what Grimble suggested in his post. I removed the part about equality and made sure to put only things that apply to my case.

I sent a copy to GLDSTNS SOL by mail and the factual form by post to the court. I did tell GLDSTNS SOL I reject there special direction request but no more details.

It was GLDSTNS SOL that sent me an email with their copy of direction questionnaire first.

Not sure what the next step would be, should I write a letter if defence to the court elaborating the points discussed earlier in my defence form?

Thanks

Coupon-mad

No, you have returned the DQ and have sent a copy to Gladstones so you wait to hear from the court next. Please read bargepole's summary of what happens when, linked in the NEWBIES thread under the heading 'Small Claim?'. His summary is all you need to read right now.

mark.taylor

I have a similar case. I have rejected the Gladstones request for paper hearing. I am going to return the Directions Questionnaires received from court accordingly with a covering letter to Gladstones. I think its a nexus between the car park operators and the solicitors like gladstone to milk money out of innocent drivers. I think government is not doing enough to stop this. All the drivers need to fight till the end to teach the parking operators and their solicitors.

Please keep in mind that court will give judgement based on legality. So ensure that all your defence points are supported by evidence and are legally correct. All the best!!!

Please keep the forum updated on the progress in the interest of other members.