Napier Parking County Court Claim

Patrick_O'Neill

further to issuing the defence below

1 The claimant has provided no explanation whatsoever for the claim and discloses no cause of action
2 If the claimant alleges trespass, it is not the land-owner and may not bring any such claim
3 If the claimant alleges that the claim results from a contract, the defendant denies the existence of any contract
4 The defendant has the reasonable belief that a qualified solicitor would not prepare such a claim that discloses no cause of action and puts the claimant to proof of the fact and that the £50 charge was actually incurred


Gladstones solicitors have sent a cover letter with a N180 Directions questionnaire
(Small Claims Track)

the form states there is no hearing to take place and a decision will be determined through the completed N180 form. could i ask you please for your advice on how to respond to this.


many thanks

Herzlos

Patrick_O'Neill wrote: »

the form states there is no hearing to take place and a decision will be determined through the completed N180 form. could i ask you please for your advice on how to respond to this.

They can request that the case is dealt with via paperwork only, but that needs to be approved by the court. You want to contest this and have an in person hearing because Gladstones lie a lot and you can dispute things better in person.

What have you had from the court and are you keeping to the schedules?

Patrick_O'Neill

Ive had nothing from the court only a cover letter from Gladstones dated 6/9/16 with the N180 form the form does refer to keeping to schedules however there has been no dates provided to keep to.Apologises i don't have the forms to hand as i'm at work but will provide further details when im get home this evening.

many thanks

Coupon-mad

Patrick_O'Neill wrote: »

further to issuing the defence below

1 The claimant has provided no explanation whatsoever for the claim and discloses no cause of action
2 If the claimant alleges trespass, it is not the land-owner and may not bring any such claim
3 If the claimant alleges that the claim results from a contract, the defendant denies the existence of any contract
4 The defendant has the reasonable belief that a qualified solicitor would not prepare such a claim that discloses no cause of action and puts the claimant to proof of the fact and that the £50 charge was actually incurred


Gladstones solicitors have sent a cover letter with a N180 Directions questionnaire
(Small Claims Track)

the form states there is no hearing to take place and a decision will be determined through the completed N180 form. could i ask you please for your advice on how to respond to this.


many thanks

Search Google for 'straightforward Gladstones papers pepipoo' to see how to reject this 'idea' of Gladstones to dispense with a hearing, when you return your Directions Questionnaire. A defendant against a solicitor has a fairer consideration facing a Judge at a hearing.

Patrick_O'Neill

thank you for your response having read a link on pepipoo they suggest the best chance of success is to attend court and robustly challenge their attempt to have the case heard on the papers?. What are the chances of not having to attend court and the fine being dropped?

Coupon-mad

What?

You need to get some rest & read this again in the daytime - no-one on pepipoo has said you have to attend court to disagree with the case being heard on the papers. You'll attend court IN THE END, yes - but not a criminal court; more like a meeting.

I even told you in my reply above, you simply refuse when returning the DQ to Gladstones and the Court. Where did anyone say a hearing happens at this stage? Nope, but you will likely end up (of course) at a hearing in the end to defend it in person.

No-one should agree with Gladstones, this is NOT best heard 'on the papers'.

Patrick_O'Neill

The court has sent me a letter confirming receipt of my defence i have since sent the following letter below to Napier parking and a copy to Northampton court.


Re: (Napier Parking) v (xxxxxx) Claim No: xxxxxx

CPR18 Preliminary Request for further information / clarification

On the xxxx, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1. The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2.The deed of assignment and/ or
2.1 deed of Novation
3.The notice of assignment
4.The default warning letter
5.The default notice
5.1 Termination Notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxxx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.


7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.




Yours faithfully

Herzlos

Remove your name from the post, as N*pier read the forums.

Umkomaas

I haven't read back through all this thread, but this doesn't seem right to me.

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £225.47 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

Who has paid for what debt? Looks more like something related to MIL, not Nap.

catfunt

catfunt wrote: »

The PPCs read these forums. I strongly recommend that you remove exact amounts being claimed as they could identify the case.

You still have not done this. I strongly recommend you do, but it may well be too late.