Northampton Court Claim arrived (MCOL)

Redx

as this is serious and a court claim its time you dropped the word "fine" from your vocabulary and dont resurrect it until after the claim is concluded

its a "speculative invoice" and should treated as such and also referred to in the same manner

at no stage was the word "fine" ever used

so its a speculative invoice and pre-POFA too

and bear in mind that you will receive paperwork from glads about special directions and hearing on paper only

so read the other threads on how to respond and deny this request too

forewarned is forearmed

and you already had a thread on this here

https://forums.moneysavingexpert.com/discussion/5554723

no need for a new one , suggest you pm crabman or soolin and ask for them to be merged, for continuity

JackBasta

Redx wrote: »

and bear in mind that you will receive paperwork from glads about special directions and hearing on paper only

so read the other threads on how to respond and deny this request too

The bargepople sticky states I can oppose the Gladstones request for paper only in the Directions Questionnaire yes? That would force it to go to a physical court, where myself and the defendant or their solicitor would attend and argue both sides of the case?

I've pm'd crabman for a merge. Apologies.

pappa_golf

opose the paper hearing and ask for it in YOUR local court

Redx

just because a court is allocated and a judge looks at the case does not mean there will be anyone actually there in person

depends on what the judge decides, plus what the claimants and the defendant say , write and do as to if it gets thrown out , dropped , or actually goes before the judge in person and if either side turn up (or not)

a lot happens between the actual court details being directed and any such "day in court"

but yes it may go to court , in your LOCAL court , at some time in the future (2017 probably)

Coupon-mad

Got Northampton court papers through, solicitor Gladstones - the incident was from July 2012, and as that's pre-POFA, I believe my main defence should be based around the registered keeper not being held liable.

Agreed, using as an exhibit, Henry Greenslade's words 'Understanding Keeper Liability' from the POPLA Annual Report 2015 (even though yours is pre-POFA) use it to show that there was no such law in July 2012 that could have been used and no presumption can ever be lawfully made as to who was driving.

Even though that will form the basis of my defence, should I just concentrate on that, or pull in everything I can?

Yes, and they have to show evidence such as signs, before any hearing. You could ask them to re-send the January email but don't hold your breath.

And yes, you will see from other Gladstones defences that 'sparse particulars of claim' appears in the defence. Search this forum for:

'Gladstones incoherent'

and you will find recent defences. Throw it all in.

JackBasta wrote: »

The bargepople sticky states I can oppose the Gladstones request for paper only in the Directions Questionnaire yes? That would force it to go to a physical court, where myself and the defendant or their solicitor would attend and argue both sides of the case?

Yes certainly, every time (covered in every Gladstones thread you read):

https://forums.moneysavingexpert.com/discussion/comment/71624014#Comment_71624014

HTH

JackBasta

I'm formulating my defence, but I am also going to make sure they can't surprise me in any court case by making sure I have requested everything from them before hand. The PPC was BPA at the time of the event, but have since moved over onto IPC.

I'm writing a letter which is going to contain both a CPR Part 18 request for information not supplied in the very sparse Letter before Action AND also a CPR 31.14 request for them to send me ALL documentation they intend to rely on in court.

Please let me know if there's anything I should be putting in or taking out?

CPR Part 18

---

The legal capacity of the PPC to issue a claim.
Details of contract with the landowner
What is the basis of the claim (breach of contract, tresspass etc)
How they came up with the ridiculous charge amount, and how they have since added firther ludicrous sums on (other than court costs)
Details of planning permission for the signage?



CPR 31.14

---

All documentation the intend to rely on, including but not limited to all images of the car, the parking notice and the signage.

Firsty, is it ok to send both requests in the same letter and secondly, is there anything else I should be asking for?

Finally, should I send this letter to both Gladstones AND the PPC?

Crabman

Duplicate threads have been merged

henrik777

JackBasta wrote: »

I'm formulating my defence, but I am also going to make sure they can't surprise me in any court case by making sure I have requested everything from them before hand. The PPC was BPA at the time of the event, but have since moved over onto IPC.

I'm writing a letter which is going to contain both a CPR Part 18 request for information not supplied in the very sparse Letter before Action AND also a CPR 31.14 request for them to send me ALL documentation they intend to rely on in court.

Please let me know if there's anything I should be putting in or taking out?

CPR Part 18

---

The legal capacity of the PPC to issue a claim.
Details of contract with the landowner
What is the basis of the claim (breach of contract, tresspass etc)
How they came up with the ridiculous charge amount, and how they have since added firther ludicrous sums on (other than court costs)
Details of planning permission for the signage?



CPR 31.14

---

All documentation the intend to rely on, including but not limited to all images of the car, the parking notice and the signage.

Firsty, is it ok to send both requests in the same letter and secondly, is there anything else I should be asking for?

Finally, should I send this letter to both Gladstones AND the PPC?

Gladstones PoCs are all the same and utterly crap. CPR 31.14 doesn't help you. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.14 The pocs don't mention documents so you are not obliged to get them.

http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

This doesn't mean you shouldn't ask for documents etc but not as a 31.14 request.

JackBasta

So if they don't mention any documents in the Poc, are they still allowed to use those documents in the case? If I don't know what documents they plan to use, it would make it impossible for me to make a defence?

I had sort of got around to thinking that if I made a 31.14 request, they would have to send them out to me or they would be inadmissable? If it doesn't come under 31.14, then they could just ignore my request no?

Coupon-mad

You will see Gladstones always do this; no coherent PoC then later on they tend to bail out before a hearing in our experience on the forum.

Concentrate on doing everything right that you can do. Know what to do when.

Search this forum for:

'Gladstones incoherent'

and you will find recent defences. Show us your draft.

Also read Gin and Milk's thread so you are not left wondering what to do when G's suggest the case is 'heard on the papers' or at the Claimant's local court! Nope it will be at yours but all this is covered in countless Gladstones threads you will find when you do that search. We've never seen one (a Gladstones one from this forum) go to a hearing yet, despite defences being provided here all year.

The Parking Prankster blogs show the disasters that occur (against the parking firms) in loads of cases where a hearing does take place!