Court Claim PCN

WinWin

Hi Lamilad

I have the following text included, do you think this adequate?

If the court believes there was a contract (which is denied) this is just the sort of 'simple financial contract' identified at the Supreme Court as one with an easily quantifiable loss (i.e. the tariff), identified as completely different from the complex 'free parking licence' arrangement in Beavis.

Where loss can be quantified, the 'complex' and 'completely different' Beavis decision is inapplicable, as was found in ParkingEye Ltd v Cargius, A0JD1405 at Wrexham County Court.

At the Court of Appeal stage in Beavis, pay-per-hour car parks were specifically held by those Judges (in findings not contradicted in the Supreme Court later) as still being subject to the "penalty" rule, with the potential for the charge to be held to be wholly disproportionate to the tariff, and thus unrecoverable. In other words, charging £100 for a period of time for which the 'agreed and published' tariff rate is £1/hour, would be perverse, contrary to the Consumer Rights Act 2015 and not a matter that the courts should uphold

WinWin

Anyone have any comments on my draft please? I need to get it off now. Thank you very much for your invaluable advice so far. Very much appreciated

WinWin

Hi all

Have filed defence and have received a Gladstones letter requesting case to be dealt with on papers. Stating their client would be happy to listen to any genuine payment proposals.

Not received a directions questionnaire or any further requests from the court - not sure if I should contact them or if this will be forthcoming. Dont want to miss any deadlines.

Currently reading the newbies post for possible response

Thank you for reading and replying so - much appreciated

Coupon-mad

Better to search the forum for 'Gladstones Special Directions' or 'Gladstones straightforward'.

Covered on EVERY Gladstones thread. All the time, more than several times a week on here.

Did you see the two court cases won (yet again) v Gladstones today?

WinWin

thank you Coupon-mad. I am searching your suggestions and don't seem to be finding those, I did try both. Will keep reading.

Also, although I have Gladstones Direction Questionnaire, I have not received one myself. Should I have this as am now thinking about deadlines?!

Coupon-mad

When I searched the first phrase I gave you, 30 seconds ago, I got 60 results:

Showing results 1 to 25 of 60
Search took 0.09 seconds.

You are searching the forum wrong.

NOT the box top right of the entire page. Use the 'search this forum' dropdown back on the first page of this forum - not here on your thread - and change the default to 'show posts' (NEVER show threads).

WinWin

they have included N159 - Do i fill this out or ignore please?

Coupon-mad

No, you do not fill in their form. You need to do that search, this is covered in every Gladstones thread.

WinWin

thank you. i think i must be looking at threads. will try again

WinWin

I have received no DQ yet. I know thread says to download but not sure whether to wait for postal copy or not? Their letter dated over a week ago