Proceedings issued, NTK invalid, Gladstones/Millennium refusing to respond

Lamilad

Well we certainly differ on that front. I loved arguing in court but hated doing all the paperwork.

Loadsofchildren123

I'll have to make my own bundle tomorrow and file the skeleton. I started to try to make it shorter but tbh there won't be much difference in the proportionality of a document which is 30 pages as opposed to 35. And I'm arguing only the 1st 4 are relevant anyway.

Do I have to serve the authorities on Gladstones or expect them to get them themselves (except the unreported ones)?

Loadsofchildren123

Trying to find a link to these two cases reported by parking prankster - they aren't on his case law links, so I'm assuming no transcripts available, but can anyone confirm this?

Horizon Parking v Guildford 23.11.16
Link Parking v Mr L 25.8.16

Thanks

Coupon-mad

I believe no transcripts exist for those cases.

Loadsofchildren123

I'll just put in the blog pages then I think (my only hesitation is where PP is rude about the PPCs, but I don't think that really matters).

Loadsofchildren123

haha, I got an "offer" today. £150. No thank you.
Also they say their bundle included everything they believed had been filed at court. Why oh why would the Defendant file his statement exhibit but not the statement? There's no excuse for incompetence.

BTW @bargepole my "authorities" (many of which are your cases) fill less than a lever arch file so I'm not going to have to get a trolley to wheel half the Law Society library into court!!! By the time I add in my consumer legislation I suppose it will fill a lever arch.

Loadsofchildren123

I know this will cause mixed feelings, with my supporters wanting to see Millennium roundly beaten...

Gladstones have just emailed to say they are discontinuing. They want me to withdraw my counterclaim. Strangely, I made no counterclaim - although I did say in both the Defence and Witness Statement that I thought there had been a DPA breach because POFA hadn't been complied with and reserved the Defendant's position (I am not the Defendant btw but have been doing all the legwork for him).

They will do this on a zero costs basis.

This morning I had sent them my costs schedule and reiterated that I would be seeking R27.14(2)(g) costs. I had also sent them my Skeleton (in draft about 10 days ago and in final form 2 days ago) which, as you know, was very lengthy.

I know that it will be suggested that I fight the costs. And that I am entitled to because they are discontinuing less than 7 days before the hearing. However, their proposal to discontinue reflects my stated position throughout, which was that I would not seek costs if they withdrew. And frankly, I am happy to get out of this. Even as a legal professional with 24 years experience in the County and High Court, I was dreading tomorrow. One of my concerns was that in spite of the detailed, numerous defences, a DDJ or a DJ would let the claim through and ignore all my hard work as disproprtionate. Although a Defendant should of course be entitled to defend a claim in a detailed manner if he wishes to.

I will of course check that it has actually been discontinued.

Coupon-mad

Nice one - it's a result caused by all your hard work!

One of my concerns was that in spite of the detailed, numerous defences, a DDJ or a DJ would let the claim through and ignore all my hard work as disproprtionate. Although a Defendant should of course be entitled to defend a claim in a detailed manner if he wishes to.

I agree - look what happened to Janeo at Wigan Court:

http://forums.pepipoo.com/index.php?showtopic=98775&st=140&start=140

Shocking decisions are still made.

Kind_Of_Irritated

:j Fantastic news, Loadsof...
So pleased for you and your friend. :T

I reckon they knew they were up against a real pro here.

As someone who isn't a pro can you tell me, Loadsof, who is the party who would have had final say in the discontinuance? The PPC or their solicitors?

Readers of my page will know that in the same court as you the other day a certain judge decided to adjourn my case because my bundle was "so big". That same judge also refused another defendant's argument (versus Millennium this time) that Primacy of Contract couldn't be overriden.

I don't know if that defendant had provided copies of the Higher Court precedents in his evidence, though there are quite a few of such.

It's a Lottery of Judges, it seems.

Anyway, well done you. You'll feel a burden lifted off your shoulders, I'm sure.

Loadsofchildren123 wrote: »

I know this will cause mixed feelings, with my supporters wanting to see Millennium roundly beaten...

Gladstones have just emailed to say they are discontinuing. They want me to withdraw my counterclaim. Strangely, I made no counterclaim - although I did say in both the Defence and Witness Statement that I thought there had been a DPA breach because POFA hadn't been complied with and reserved the Defendant's position (I am not the Defendant btw but have been doing all the legwork for him).

They will do this on a zero costs basis.

This morning I had sent them my costs schedule and reiterated that I would be seeking R27.14(2)(g) costs. I had also sent them my Skeleton (in draft about 10 days ago and in final form 2 days ago) which, as you know, was very lengthy.

I know that it will be suggested that I fight the costs. And that I am entitled to because they are discontinuing less than 7 days before the hearing. However, their proposal to discontinue reflects my stated position throughout, which was that I would not seek costs if they withdrew. And frankly, I am happy to get out of this. Even as a legal professional with 24 years experience in the County and High Court, I was dreading tomorrow. One of my concerns was that in spite of the detailed, numerous defences, a DDJ or a DJ would let the claim through and ignore all my hard work as disproprtionate. Although a Defendant should of course be entitled to defend a claim in a detailed manner if he wishes to.

I will of course check that it has actually been discontinued.

Loadsofchildren123

Ever seen a one woman conga?

I'll post a link later to my final Skeleton which others might find useful. I'd taken the afternoon off to finalise all the paperwork (my house is full of paper, I'd made spare copies of everything in case they denied service/court bundle had got lost).

A big thank you to everyone on here for the excellent advice and support, it's been a fantastic resource. Hopefully I can contribute back by having some continued input into the forum.