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

hopsfield

Great thanks. Anyone else? Coupon-mad?

hopsfield

Also thinking of adding this part as well...
14. The claimant may try to rely upon ParkingEye Ltd v Beavis, yet the Defendant would like to point out that this car park does not offer a free parking period therefore Parking Eye Ltd v Beavis case does not apply - refer to ParkingEye v Cargius case,

hopsfield

and this:
15. The Defendant would like to point out that he approached the Claimant to supply additional information regarding this claim yet the Defendant's letter has been declined and "not further direct correspondence is required, or will be entered into regarding this PCN"

hopsfield

I have now submitted my defence... I guess now we wait

Coupon-mad

All looks very good - basically covering all the bases you may need to argue later. You've done that.

hopsfield

Hi there,
I have now received this via email

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


Yours sincerely

With 2 attachments N180 - Directions questionnaire (Small Claims Track) - with special direction.pdf and N180 Special Direction.doc
I assume I ignore this and just wait for the questionnaire directly from Court?

DoaM

I'll let others confirm the exact process ... the only point I'll make is that you will NOT be agreeing to this being heard on the papers.


Here's a genuine payment proposal ... a drop hands offer ... "Drop the claim and i) you'll save costs, and ii) I won't pursue additional costs".

Castle

DoaM wrote: »

Here's a genuine payment proposal ... a drop hands offer ... "Drop the claim and i) you'll save costs, and ii) I won't pursue additional costs".

and (iii) it won't appear on the Prankster's website:)

Coupon-mad

hopsfield wrote: »

Hi there,
I have now received this via email

With 2 attachments N180 - Directions questionnaire (Small Claims Track) - with special direction.pdf and N180 Special Direction.doc
I assume I ignore this and just wait for the questionnaire directly from Court?

Yes you wait for your DQ then you send the sort of covering letter to the court that you will see if you search this forum for:

'Gladstones straightforward'

Or Google 'Gladstones straightforward pepipoo' and read one of Gan's posts about it.

hopsfield

Hi Guys,
I'm about to send my DQ together with request for special direction - any comments?

- REQUEST FOR SPECIAL DIRECTION

The Claimant has informed the Defendant that it has proposed a hearing on the papers because it considers the matter to be relatively straightforward.
The Claimant also requests to transfer the hearing to the Claimant’s local court if the Defendant does not consent.
The Defendant objects strongly to these proposals.

The Defendant denies 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, its failure to follow IPC code with proper signage on the site, failure to show formation of legal contract and Claimant refusal of any correspondence sent by the Defendant.

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 probably also wish to question the claimant regarding its witness statement and other documents - which is not possible in a paper based hearing.

The defendant will in particular wish to verify that claimant has evidence to show it has followed proper procedures in sharing the particulars of claim, communicated decision on the earlier appeal, follows IPC guidelines to form a legal contract as well as legal standing on the issue given the defendant has a proof of VAT receipt for the vehicle for that particular date for use of the land and that its additional costs have actually been incurred and are not an attempt at double recovery.
The defendant also wishes to question the claimant regarding the basis of its cause of action that is not disclosed in the particulars of claim and its failure to reply to the defendant's appeal.

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.