Gladstones Letter of Claim

KeithP

You can still submit a Witness Statement.

In this thread manutd99 only discovered he had missed sending a witness statement ten days before his hearing.

See post #60 onwards.

He went on and won his case.

nextman

Ive put together a very brief witness statement. Not sure if this is right but as they have pictures of my car im not sure theres a lot i can do.

I looled through their witness statement. 1 thing i picked up on that may or may not help me.

The claimant has used a contract between sip car parks limited (the landlord) and sip parking limited (the operator) to show they have authority to operate there but I did a land reg check and they dont own the land. The actual land owner is not mentioned in the witness statement. Can i use this to assert thry dont have the right to operate there?

The rest of the evidence goes against me. Also they emailed me yesterday to say they wont be attending and have requested the judge to issue a verdict based on the papers.

I contacted the courts today to check if they had paid the fee on time and submitted s proper application but they werent very helpful. The lady confirmrd the hearing was going ahead but wasnt able to give me dates for when it was submitted so ill assume it was done on time

Umkomaas

The claimant has used a contract between sip car parks limited (the landlord) and sip parking limited (the operator) to show they have authority to operate there but I did a land reg check and they dont own the land. The actual land owner is not mentioned in the witness statement. Can i use this to assert thry dont have the right to operate there?

Do you have written evidence of who the landowner is?

Are you sure SIP are not renting/leasing the land? You may need to have to contact the landowner - or - the local council to find out who is paying business rates on the car park.

Also they emailed me yesterday to say they wont be attending and have requested the judge to issue a verdict based on the papers.

Have you received the Directions Questionnaire? That’s where you object to the case being heard ‘on the papers’. It’s also where you request the hearing is held at your local court.

nextman

Yes i received the questionaire. I rejected the request to have it heard on the papers. I also asked for it to be in my local court. The judge obliged. So my court hearing is next week at my local court.

The judge set a deadline for the trial fee and a proper application to be submitted.

I called the court today and they said the hearing is going ahead. I assume they have complied with the judges request.

Only yesterday they emailed me to say they wont be attending and have asked tbe judge to consider a verdict based on the papers.

The landowner is network rail. I have a copy of the title deed and plan.

beamerguy

nextman wrote: »

Yes i received the questionaire. I rejected the request to have it heard on the papers. I also asked for it to be in my local court. The judge obliged. So my court hearing is next week at my local court.

The judge set a deadline for the trial fee and a proper application to be submitted.

I called the court today and they said the hearing is going ahead. I assume they have complied with the judges request.

Only yesterday they emailed me to say they wont be attending and have asked tbe judge to consider a verdict based on the papers.

The landowner is network rail. I have a copy of the title deed and plan.

Hmm, interesting, you must go to court, chances are
very high Gladstones will not attend and you win by default.

Or, shortly before they will discontinue to which you get
confirmation of this.

Gladstones are wasting a lot of court time recently and
hopefully they are close to being sanctioned

Get your costs schedule ready

Umkomaas

The landowner is network rail. I have a copy of the title deed and plan.

Make sure you take that with you, although I think if you’re relying on that it must have been shown to the other side before the hearing - ‘ambush’ is not allowed. Hopefully someone with better knowledge of the detailed aspects of the court process will be along to advise, but don’t rely on that as there are very, very few such qualified. Do some of your own research on it meantime.

Get your costs schedule ready

I know this must be filed with the court and the claimant’s solicitors at least 24 hours before the hearing.

How to construct a cost schedule is explained, with a professionally constructed example by LoadsofChildren123 (a qualified lawyer who advises here), to use as a framework for your own.

nextman

"We act for the Claimant.

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing on xx.10.2017.

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.

Regards"

This is the email i received. I will send a cost schedule and the land reg to the court today hopefully. I was ready to give up at the start of the week. Not sure why they have decided not to turn up. I assumed it was because they believe the case is a guaranteed win based on the papers and didnt see the point of travelling

Umkomaas

Not sure why they have decided not to turn up. I assumed it was because they believe the case is a guaranteed win based on the papers and didnt see the point of travelling

More like exactly the opposite, and they don’t fancy a grilling from the Judge.

Coupon-mad

nextman wrote: »

This is the email i received. I will send a cost schedule and the land reg to the court today hopefully.

And your WS.

nextman

UPDATE: The case was dismissed. They didnt turn up. The judge said the photos of my car were not very useful as they were not time stamped and you couldnt really tell the location. I didnt need to show my land reg or defend myself except to let the judge know I had requested information from the claimant several times before it reached court and they ignored all such requests.

One problem i have is the judge didnt have my WS or cost schedule. I had a copy of my WS so i handed that to the judge at the hearing. When he dismissed the case i completely forgot to mention the costs schedule.

Im guessing the ship has sailed on any compensation then?