Request for popla refused despite quoting legislation, what to do now?

Gin_and_Milk

Ooh I didn't mean to make her angry, it's just that it had been suggested I phone the court to say Gladstones don't want to mediate and that I want an oral hearing. Now that I know what those two words are I'll get looking.

Thanks for passing on the info, if you're in touch with her again please pass on my congratulations on the promotion.

Gin_and_Milk

I know I'm being a real pain in the cheeks here and having done some more reading I more or less know what to say. However, I have a DQ from the court to complete and return to them and I'm also aware I need to send a copy of the DQ to Gladstones. Gladstones haven't sent me a blank DQ, just a copy of theirs. I can't submit my DQ via MCOL (I couldn't submit my defence either, so I emailed that); so do people take a photocopy of the completed DQ and send to both parties? Or can you scan and email them? Gladstones haven't put their email on their correspondence, but there is one on their website.

Thanks

Coupon-mad

Send the original to the court by post and a copy to G's (keep a copy for yourself!).

If you can't fit what you want to say in the box then attach a short and formally set out covering letter (again, G's get a copy and the court gets the original; your covering letter is stapled to the DQ not paper-clipped of course!).

You could use wording like this when countering G's usual 'special direction' rubbish:


The Defendant opposes the Claimant’s request for special directions and requests that the case be listed for an oral hearing at the Defendant’s local court. It is noted that this serial litigator has failed to provide any coherent particulars of claim, providing no details except a date and a sum of money unrelated to any parking tariff. Other such claims in the public domain issued by Gladstones for parking companies also follow this same 'cut & paste' model, omitting any facts at all. The vague template particulars appear to be incapable of giving rise to any contractual claim in law and the omissions prejudice the Defendant's right, as registered keeper of a vehicle, to understand the issues and make informed decisions and responses in defence. The conduct of the Claimant and their Solicitor suggests an inherent disregard for the CPR overriding objective, when dealing with unrepresented Defendants (as in this case).

It is requested that the conduct of this Claimant and their Solicitor in pursuing scattergun, copied and undetailed claims, apparently as a cheap form of debt collection and to intimidate consumers unused to the court process, is referred for such pre-hearing directions specific to this case, as the Judge may see fit.

Gin_and_Milk

Wow thanks Coupon Mad that's great. I'll complete the forms, type up what you've sent, post it and wait :-)

Thanks again and congratulations on your promotion!

Coupon-mad

Thankyou! BTW, I wasn't angry, I'm quite laid back but I was just tired earlier this week as it is busy at work and I do more hours than before.

And we've seen this on every G's thread, seemingly since time immemorial so it was frustrating to see the 'on the papers' issue rumbling on as if it was new. You will see from other G's threads what happens along the way. Don't worry - everything you receive has been chewed over before, loads of times!

Make sure the letter & DQ is signed by the actual Defendant (named on the claim) of course.

Gin_and_Milk

Hi,

We received our court date this morning, which is for the middle of next month. I want to put preparing my defence off until after Christmas, but does anyone know of any paperwork I need to apply for from other agencies which might help my case? I'm just thinking about the Christmas postal backlog.

Also, does my husband have to do the talking in court? It really won't go down well if he does, but he is the RK.

Oh and finally, is worth referring to the BPA's code of practice? Is it legally binding and if not, would a judge be prepared to consider it?

Thanks

beamerguy

Gin_and_Milk wrote: »

Hi,

We received our court date this morning, which is for the middle of next month. I want to put preparing my defence off until after Christmas, but does anyone know of any paperwork I need to apply for from other agencies which might help my case? I'm just thinking about the Christmas postal backlog.

Also, does my husband have to do the talking in court? It really won't go down well if he does, but he is the RK.

Oh and finally, is worth referring to the BPA's code of practice? Is it legally binding and if not, would a judge be prepared to consider it?

Thanks

Hi, what do you mean about your husband ?
As long as he is polite and respects the court using Sir OR Madam,
there should be no problem.

The BPA code is just a code of practice which most parking companies take little notice of. It is however part of their membership WHICH THEY SHOULD COMPLY WITH.
Any breach should be placed in front of a judge

Gin_and_Milk

With regards to my husband, he wasn't the driver and he is very anxious about speaking in front of a judge, so unless it's non negotiable that he speaks, I'd rather do it.

Thanks for your help - I have a few breaches to prepare then!

Umkomaas

With regards to my husband, he wasn't the driver and he is very anxious about speaking in front of a judge, so unless it's non negotiable that he speaks, I'd rather do it.

Do a Google search on 'County Court McKenzie Friend' and 'County Court Lay Representative' to understand the position you might have and why, how and what you can/can't do on behalf of your husband at the hearing.

Gin_and_Milk

That's great, thank you :-)