Urgent help! Gladstones letter before claim

TW2011

Yes that's right, the directions questionnaire is what I mean.

nosferatu1001

If they believe the claim has been stayed, check with the court - otherwise you assume it is live. Meaning...

...you need to get cracking on your WS and evidence

You MUST absolutely adduce into evidence:
1) NCP confirming that the defendant has absolutely no liability in this matter, and you request the court as a preliminary matter to strike out the case entirely as it cannot possibly succeed. You Could do this NOW
2) NCP confirming that one of the PCNs has been cancelled, ref... and that this requires AT MINIMUM the Particular s of Claim to be re-pleaded, as they are now materially differ from that initially submitted and defended. You instead ask that, given the embarrassing nature of the PoC that the claim is instead struck out, for lacking any cause of action for all pleaded elements.

Coupon-mad

Good to have you posting here as well as on pepipoo, nosferatu1001.

Lamilad

"Good to have you posting here as well as on pepipoo, nosferatu1001. "


+1

waamo

Lamilad wrote: »

"Good to have you posting here as well as on pepipoo, nosferatu1001. "


+1

I don't think parking companies will be saying that. :beer:

TW2011

I will absolutely be using these points in the case, how does the WS differ from the defence already filed? Would i write to my local court where the case will be heard enclosing a copy of the letters that I have received?

Coupon-mad

WS are covered in the NEWBIES thread, and explained here by Johnersh:

https://forums.moneysavingexpert.com/discussion/comment/72982953#Comment_72982953

Examples are in the NEWBIES thread post #2.

TW2011

An update for you all: After a couple of letters back and forth with NCP we have today received letters confirming that the remaining 4 PCN's have now been cancelled. Although no mention of instructing Gladstones to withdraw the claim as I have asked them to confirm they will/have done this several times, just the same old template letter. What happens now? Should I contact the court to see if the claim has been discontinued or should I get a notice from the court? And if not where do I go from there. If the communication is still as shoddy between Gladstones and NCP then I cant rely on the fact that NCP have told them that the PCN's are now cancelled.

Coupon-mad

Should I contact the court to see if the claim has been discontinued

Yes, and attach a copy of the proof that the Claimant has cancelled all charges. Ask the court if they've received a letter of discontinuance.

Very well done - I think we probably mentioned that NCP really are court-shy!!

TW2011

Hello all, notice of discontinuance has been received so this ordeal is finally over. NCP were clearly unaware of the actions Gladstones had taken and hopefully they have received a royal bollocking from NCP and lost their business, I hope other PC's will also follow suit and put them out of business. Massive thanks and appreciation to all those who have offered advice and support