Do I have a case or shall I just pay it? Galdstone letter

Loadsofchildren123

You should write to Gladstones putting them on notice that you intend to seek a costs order because of the Claimant's unreasonable conduct (and sending them a costs schedule).


Examples of what you could put in your letter:
1. The Claimant is well known for issuing claims in the form of the present claim, with defective Particulars (known as "roboclaims"), yet continues to do so (one of my posts on my thread lists examples of where these claims have been struck out, all of which I found on parking prankster's blog);
2. the Claimant is in flagrant breach of its pre-action obligations, set out in the Practice Direction - Pre-Action Conduct and Protocols (paragraphs 3 and 6, and 12-14), and a specific power to punish such breach is set out in paragraph 15 of the Practice Direction. [If you brought the breaches to their attention list the dates on which you did so and either that there was no response or what the response was]
3. The Claimant has signed a Witness Statement bearing a Statement of Truth which it knows is factually wrong, and which its solicitors know is factually wrong. For instance, [set out examples - eg the assertion that Elliott v Loake is authority for a presumption that a registered keeper was the driver of the car, eg. the assertion that the NtK is compliant with the requirements of POFA, eg. any other unreasonable conduct - eg in my case I've asked Gladstones for documents and information and they have either ignored every letter or expressly refused to provide them - this refusal denies the Defendant access to justice because you have effectively been denied the means to meaningfully defend the claim).
4. include dates of any letters you wrote inviting them to withdraw the claim.


Add to the end of your skeleton that you are seeking a costs order pursuant to CPR Rule 27.14(2)(g) because you say the Claimant has acted unreasonably in pursuing the claim

hopsfield

Thank you that is very handy
I have already warn them about that in my acknowledge of LBC letter and in my Defense statement
Just worried that judge will say that at the end of the day the ticket was purchased 40 min late and thats the fact...

Fruitcake

For costs, send beforehand a list of them printed out including expected costs on the day such as parking and a sarnie etcetera. You can them show receipts on the day for the expected items.
Your costs should list 'phone calls, postage, stationery, petrol to visit the site to take pics, costs of printing images especially if you use a supermarket type of thing.
Anything you can think of and show a receipt for, plus time.

Always, always claim for parking on the day of court as it upsets the scammers. Alternatively train, bus, and taxi fair if you are unable to drive on the day.

Loadsofchildren123

Seriously, don't panic.
The worst case scenario in financial terms is not very different from caving in now. You just have the stress of going to court.


You can minimise the stress by doing a skeleton and having everything in writing to use on the day - this reduces having to think on your feet. You just find the relevant document and read it out (whether that's your Skeleton, your costs warnings, the relevant law or whatever). That's why you cross refer your skeleton to all the relevant documents in the bundle so they are easy for you, not just the judge, to find.
Remember this is THEIR claim and THEY have to prove it.


Remember also to challenge the right of audience of their advocate. PPCs have been sending along unregistered "self employed" lawyers who actually have no right of audience in front of a judge - have you seen the recent threads about this? If they make the mistake of doing this, and you challenge them (and again, take the relevant law in writing so you can simply read it out and hand it up to the judge) their advocate won't be allowed to speak and they will be treated as not having turned up. You win.


I know it's nerve wracking, but if you are prepared you will be fine.


Take advantage of being a litigant in person. If you don't understand something, or you want a couple of minutes to find a piece of information, if you didn't quite understand a point that was being made, if you are feeling harangued or bullied, or even if you just want a couple of moments to gather your thoughts, just say so. The judges usually bend over backwards to help LiPs.

hopsfield

so let me summaries - Skeleton argument is not just counter argument for Claimant WS, its also not just a repeat of my WS or Defense.

I should put together something like this:
1. Introduction
2. Counter argument for Claimant WS
3. Brief summary of why I'm not paying this ie:
- Lack of details (no post codes etc), no photo evidence provided, refusal of any communicationf from Claimant - therefore I did refused NTK and admit who the driver as this could be a scam for example.
- also Driver paid by phone app (with 40min delay due to system glitch)
4. These are my expenses

Do I understand this correct?

Loadsofchildren123

The Skeleton is an amalgamation of everything: a concise summary of their case and your response to it, cross referred to the relevant para/page numbers of the relevant documents, and cross referred to the relevant case law.
Put in headings, say what the Claimant needs to show, what it has shown and what you say about it.
Put a separate section in re breaches of the Practice Direction - Pre-Action Conduct and Protocols and breaches of other aspects of the CPR (there is a legalistic summary of these in one of my posts on my thread).
End it with a summary of why their case should be dismissed and say that you believe that Rule 27.14(2)(g) applies and there should be a costs award in your favour to reflect the unreasonableness of their conduct and what that order should be (cross referred to all the times you've warned them and to your costs schedule). Not only that they have behaved unreasonably by putting in a rubbish claim and ignoring requests for information, but they have ridden a coach and horses through their pre-action obligations and almost all of their obligations pursuant to the CPR (no excuse as they are represented)
Have a go and put a draft up here for comment!

Umkomaas

Just a small, polite point @Loads of .....

Any chance you can slot some paragraphing into your posts? Walls of text (as per many of your posts here, and on PePiPoo) are so difficult to read - and useful contributions from you may be overlooked as a result (many people just ignore such blocks).

Loadsofchildren123

point taken
Life is one big stream of consciousness at the moment
Sometimes I type a post in word then copy it over and the formatting undoes itself. Will try harder

Loadsofchildren123

I thought of another costs argument for you to end with. Personally I think it's quite compelling.

This Claimant is a professional parking company. Issuing PCNs and chasing/suing for payment is what they do. Not only that, but they pursue many of these cases to court. Therefore, they are demonstrably experienced in litigation of this nature, and consequently must know exactly what they are expected to do and must be conversant with the court rules.

The people they chase/sue (like you) are ordinary citizens, the vast majority of whom have no experience of the law and have never seen the inside of a court room.

Because of this, I would argue that the bar is set high for this Claimant as to what is expected from it in terms of "reasonableness" in the litigation, as per CPR Rule 27.14(2)(g).

hopsfield

Great. Thank you very much. Will upload my draft here hopefully later tonight.
Quick question. In my skeleton argument I have rejected the photo evidence of the car parked - as its a distance contract therefore no ticket to display therefore photo irrelevant. But earlier on I've made a comments about not complying with Practice Direction and NTK has got no photo evidence. I don't want to shot myself in the foot with asking for proof only dismiss it later on as irrelevant. what do you guys think?