So I'm going to court...

Coupon-mad

You could send a letter to your local court by the end of this week, dated TOMORROW, not today(!) stating that you have received no witness statement and exhibits from the Claimant, and from your research you have discovered that it is reported that Gladstones solicitors routinely use this tactic in parking charge cases.

Since the POC were woefully sparse and these Solicitors operate a copy & paste robo-claim model for parking firms, you believe that the first time the details of this case are actually scrutinised, is when they received your WS and evidence. You believe that they will now use your WS to respond to your points, gaining an unfair advantage over you as a litigant-in-person and only now actually divulging the evidence and cause of action, for the first time.

Add that should the case now be discontinued by the Claimant - as they do when they see a solid defence supported by evidence from a consumer who isn't prepared to be a victim - you ask the Judge to continue the hearing as a costs hearing, not vacating it, to allow you to claim your costs, and additional costs for unreasonable conduct pursuant to CPR Part 27.14.



P.S. as IamEmanresu says, when you have their WS let's have a look at the signs, their contract and the site plan.

Jhpt

IamEmanresu, CouponMad - Thank you!

CouponMad, as you suggest I'm writing to them today regarding this - so fingers crossed! I will of course keep you updated as to what they decide to do....!

Do Gladstones fail to return WS on time/ normally late in these matters? Surely you'd expect that as a solicitors the minimum expectation would be them completing these things on time?!

nosferatu1001

The courts dont seem to care, and it gives them an advantage so they do it often. Should be criminal.

[Deleted User]

I feel very disadvantaged as an inexperienced litigant in kind against an experienced solicitors

And

Surely you'd expect that as a solicitors the minimum expectation would be them completing these things on time?!

Once upon a time there was a law firm called Gladstones Solicitors Limited. The law firm services multiple parking companies with both debt recovery (letter writing) and court proceedings throughout England and Wales.
They must have loads of lawyers!
They do that with just 6 registered lawyers.

The costs being pursued are relatively low (less than £200 per ticket) which means the legal costs chasing the debt need to be kept lower to make it work (generally lawyers fees will be irrecoverable). To give an idea, Wright Hassall advertise that their letters of claim for such cases will not exceed £5 (helpfully on their website).

Eh? How does that work
To make any money at all, this needs to be pared right back to the lowest common denominator:
1. Do a lot of cases
2. Automate as much as possible
3. Spend as little time as possible on all cases
4. Do whatever is needed to expedite to trial
5. Use unqualified staff for as much as possible. Use the 6 lawyers in supervisor/management roles only

but they take it seriously at court, right?
Well, not especially. Travel costs money. So they need to commoditise - fixed fees, no additional travel costs. contingent on the fee structure agreed, that means more likely than not the opponent is a law school graduate, with training from bar school, entitled to call themselves a barrister, but without having started any "on the job training". In other words, a bit green.

Comment:
In contrast, you won't get a 6 minute phone call from me for less than £40. But what you will get is a qualified lawyer, specialist in the field, with significant claims experience. I throw my rate in there to illustrate just how pared back the law in the legal service provided by Gladstones must be....

So the question is, having lavished time, effort and trouble on your case and aware that you'll know the issues better than a case handler who needs to read as little as possible, are you really feeling the heat? Is their greater experience quality based? Now we're working to new updated rules, is the case handler more experienced at all?

Deep breath. They're not that great. Expect errors. Check their work (and yours). All being well you can go and win this thing.

~The End~

Umkomaas

Super post Johnersh. Puts things nicely to illustrate how Gs do their ‘business’.

Coupon-mad

Love that summary of Gladstones modus operandi, nice post Johnersh.

Jhpt

Wow - Jonersh I think you've put that pretty well!

As an update - it's now a WEEK past the due date of their WS/ Evidence and I've received nothing... I've sent a letter to court asking for this to be found against them and treated as a claims case now (Not sure if I've used the correct terminology there, hopefully you get the gist!)

... Am I missing something?! How long can it go on without them sending WS/Evidence/ Abiding my court protocol!?

Cheers

Lamilad

!sent a letter to court asking for this to be found against them and treated as a claims case now

What do you mean "treated as a claims case"?

A week is definitely far too long and severely prejudices you as an unrepresented LiP.

Ring the court today and ask if they have received anything.

Jhpt

Lamilad- Sorry I don't think I explained it well, but as Coupon Mad Suggested to ask the judge to "to continue the hearing as a costs hearing, not vacating it, to allow you to claim your costs"

Ringing them now!

Jhpt

Quick update - just spoken to the courts, they've referred my request for the case to be treated as a costs hearing to the Judge for review today.. fingers crossed!