Letter before claim

Coupon-mad

Yes it's the first thing. Gladstones don't turn up, they always send some sort of random rep!

You do not have to second guess or ask the usher or look out for names - just be confident and raise the 'right of audience' issue up front, as you start - tell the Judge you wish to the other side's rep to be examined for their right of audience in view of recent 'parking ticket' cases where it is known that reps were sent who had no such right.

Then hand over the Law Gazette article (and have the 2 cases to hand as well) and let the Judge ask those questions.

Kind_Of_Irritated

Thank you. Invaluable advice as always from you, Coupon-mad.

Kind_Of_Irritated

UPDATE. This morning I received a copy of the Witness Statement from Gladstones. It is 14 pages long and comprises a statement from M Gardner himself, of Link infamy.

I'm wary of uploading too much online but in response to my argument that they have no locus standi to issue charges (they are not the landowner/freeholder/a leaseholder or a tenant) Mr M G insists that "As the contract is between my Company and the Defendant, my Company does have the authority to enforce parking charges".

I need to get my Witness Statements to court (and the other side) by 2:00pm, Monday, 27th February. Mr G's is lengthy and more like a Defence than a WS. My WS was intended to be shorter. My defence was far longer than his.

In my WS I suppose I could respond to some of his WS points, but should I?

Anyone got any thoughts?

DoaM

Kind_Of_Irritated wrote: »

Mr M G insists that "As the contract is between my Company and the Defendant, my Company does have the authority to enforce parking charges".

:rotfl::rotfl::rotfl::rotfl:

He really doesn't get it, does he?

Kind_Of_Irritated

Hi DoaM. He's not as daft as he sounds. That wouldn't be possible.

He uses cases to prove his point. VCS v HM Revenue & Customs [2013] EWCA Civ 186. He also uses Parking Eye v Beavis (CA 2015) and how both aforementioned showed that the agreement between Operator and Landowner is of no relevance!

Should I try to upload his WS (with redactions). It's crazy stuff, esp when he said such as he "didn't know" other cases could be referred to. :eek:;)

Loadsofchildren123

post it for us to see!!!

Coupon-mad

He uses cases to prove his point. VCS v HM Revenue & Customs [2013] EWCA Civ 186. He also uses Parking Eye v Beavis (CA 2015) and how both aforementioned showed that the agreement between Operator and Landowner is of no relevance!

He is right - the detail of the landowner contract was deemed of no relevance in those cases.

Kind_Of_Irritated

[FONT=Calibri-Bold, serif]To Loads of Children. Just tried redacting the text part of the WS and posting it here, but it wouldn't take. [/FONT]

Kind_Of_Irritated

Can someone remind me - what's the best way for me to upload it here? I have it in pdf now.

Lamilad

Kind_Of_Irritated wrote: »

Can someone remind me - what's the best way for me to upload it here? I have it in pdf now.

Upload it to one of -
Photobucket
Dropbox
Tinypic

Then post the link on here. If it won't let you post links change 'http' to 'hxxp'