HX Car Park Management, Gladstones Letter Before Claim

Birdo26

It came while i was away and didn't get back until start of November.

My understanding is that there paperwork wasn't submitted or correct?

KeithP

So you are now outside this time limit:



?

Coupon-mad

Why are you asking us? It tells you what to do to object to the paper hearing.

If you are past the seven days, do that ANYWAY and explain to the Judge that you have been away, and explain why you absolutely do not want to be railroaded into a paper hearing by this robo-claim claimant, because you feel it places you at a disadvantage against a firm of solicitors used to the paperwork, and you certainly will wish to ask questions of their witness.

Birdo26

I can ring Monday. Take it that would be the best course of action?

Should I still submit my witness statement as well.

Coupon-mad

Where does it tell you to RING? Come on...this is not done over the blinking phone.

[Deleted User]

It came while i was away and didn't get back until start of November..

!!!!!!? you are involved in active court proceedings, you have a letter from the court you don't fully understand (no criticism there) so you do decide to do nothing with the letter for 2 weeks (that'd be the criticism)

The problem you now face is that there has been a very long time since the order was first made - without any objection and the deadline for service of documents is nearly due.

Re-listing this for a hearing will introduce delay and potentially additional cost. The court may decide the overriding objective (using court resources efficiently at proportionate cost) are such that pressing on is the best course.

By all means request a hearing now, but I reckon the best you are now likely to achieve because of the holiday/absence from the UK is likely to be an extension of time to get your documents in order - but I'm prepared to be pleasantly surprised if you manage to get a hearing.

FWIW if the documents are good enough and presented well it is possible to defend successfully. You're bound to have spent longer on your evidence (if you've prepared properly) than the claimant has done.

Birdo26

Take it on board and I've only got myself to blame.

So just to check, write to the court and ask for a face to face hearing, explaining I've been away.

Do I wait to hear back from the court before submitting any witness statement.(I already have a copy of theirs).

How comes it never got put forward for an oral hearing even though I objected the special directions on the questionnaire?

[Deleted User]

So just to check, write to the court and ask for a face to face hearing, explaining I've been away.

Correct, although I would also request, in the alternative, a lengthy time extension to allow you to prepare a better more detailed set of docs.

Do I wait to hear back from the court before submitting any witness statement.(I already have a copy of theirs).

The problem you have is that merely writing to the court does not extend time. An application to court would, in contrast protect you - but it costs.

So, I'd write to the court and hope you hear back in time. But there's not a lot of time for them to revert. You may wish to hand deliver the letter and telephone the court to follow up once they've had the letter.

In the meantime get ready to serve what you can. You may need to email/fax/deliver it on the last day. You could request a time extension from Gladstones, but I suspect they won't give it.

Birdo26

Printing the letter now. I've addressed it to the judge? Is that right?

Coupon-mad

Yes, do address it to the Judge, and make sure the claim number is on the top, maybe attach a photocopy of the order with the relevant part highlighted.