Gladstones / Millennium claim form

Loadsofchildren123

sorry, joining this debate late.
I agree with you wi3347 that you should include in brief terms the LR info showing you couldn't possibly have been parked in Metropole Chambers as it's just the building.
Also what Umkomaas said about the CoP.
I'd also add in a sentence at the end to say that if this is not withdrawn, you will be issuing a claim for damages for a breach of your rights under the Data Protection Act. And as part of your offer for a drop hands settlement you will agree not to pursue such proceedings.
In my case they were a bit concerned about the potential for a DPA claim. I didn't make one at all, but reserved my position. Their offer of a drop hands to me (on the eve of the hearing) was in return for me dropping the DPA counterclaim (even though there wasn't actually a counterclaim)


if this goes further, the planning rules for advertisements are very slightly different in Wales. There was a thread on planning a couple of months ago where I put chapter and verse for England and for Wales where it was different. Try searching for the thread to make sure you quote the right legislation. Actually, I think I've got the document saved so I'll just look it up and be right back.....

Loadsofchildren123

The signage displayed on the Land/Site has no planning/advertising consent, which is required under the [in England: Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) [In Wales The Town and Country Planning (Control of Advertisements) Regulations 1992 and the Town and Country Planning (Control of Advertisements (Amendment) (Wales) Regulations 2012]. The signs are an “advertisement” under the definition in the Regulations.

[England: Regulation 30] [Wales: Regulation 27] makes it a criminal offence to display advertisements (which these signs are) without the relevant consent. The local authority has confirmed that the signs have no planning/advertising consent (see email confirming the Council Planning Department is investigating and the list of all applications concerning the land printed from the Council's planning portal).

That's copied and pasted from the relevant section of my Skeleton - for convenience I amended it so that others could adapt it depending on whether the parking was in England or Wales.

Loadsofchildren123

wi3347 wrote: »

still not received my directions questions or anyting else from the court as yet which seems odd?

It takes a good couple of weeks
You could phone the court to ask why you haven't had it if it's been more than 3 weeks?

Coupon-mad

Download one from the courts webpages - easily Googled 'N180 Directions Questionnaire'.

wi3347

Perfect. Thanks LOC very helpful! I did include a bi about the LR to make it relevant. Also mentioned the 2012 act so luckily got the right one.

If I don't have anything in the next few days I will contact the court.

When / if I receive a reply on my drop hands offers I will mention the DPA stuff. If they don't write back I could always write again saying something like "I note your failure to reply etc etc. I would further make it clear that I will also be making a claim from breach of DPA etc etc etc". Word it all properly obvious but just so you get a general ideal

Loadsofchildren123

The trouble with Millennium is that they use Gladstones only to do the initial work to issue the claim. They appear in court themselves, without a solicitor (their offices are yards from the court and it saves costs to do it in house). So you can write and write to Gladstones but I think the letters just essentially get ignored.
In my case they served a Notice of Acting in Person, taking Gladstones off the record. I think by then I'd just started ignoring Gladstones and writing direct to Millennium.


Try writing to Millennium with a copy of the letter you've sent to Gladstones, and in that letter mention the DPA claim.
Dear Sirs,
I enclose a copy of my letter to your solicitors, inviting you to withdraw your claim. Please note that if you proceed and do not succeed (which I cannot believe you will) then I will be pursuing you for damages for breaching my rights under the Data Protection Act.
I look forward to hearing from you etc.

wi3347

Ahh that's good info, cheers!

I will write to millennium direct if I don't have a reply by Friday and then I will add a cover letter along with the original letter to gladstones so it covers all bases.

wi3347

nothing from the court of gladdys / millenium. Email sent to the court requesting they sent the directions questions. Letter sent direct to millennium with a cover letter mentioning the DPA breach claim.

wi3347

Hello everyone,

After what feels a long wait I've received a letter from the courts. It says having viewed the papers the court believes the case is suitable for
Mediation.

Failing that I have to submit my defence bundle by the 11th of December. Court date set for 19th of January.

Do we think it's worth going down the mediation route? Nothing to loose I suppose. Could offer a small amount to cover their expenses plus a small profit. For example £20. I'd rather that and be done with it than have to bother with the whole bundle and I'd rather avoid another day in Swansea civil justice centre after the absolute idiot of a judge I had last time. My luck I'd have him again

Coupon-mad

Do we think it's worth going down the mediation route? Nothing to loose I suppose.

Nope, not usually, but bearing in mind that Judge at Swansea...arrgh, ''rock and hard place''!

Could offer a small amount to cover their expenses plus a small profit. For example £20.

They won't accept so it is pointless, in reality, they'll demand 3 figures.