Current (TODAY!) Court Defence: PCM / Gladstones

mric2000

:T
Thank you Coupon-Mad. That all makes perfect sense and I will modify accordingly.
Also a bit baffling why they have issued both claims on the same date, despite the 2 week gap between both PCNs, but I'm starting to realise that Gladstones seem to do a lot of baffling things....

Best regards

Coupon-mad

Because they will have done a robo-claim run that day. You were next in the pile of victims.

mric2000

Hi,
So... my Hearing date is this Wednesday!

Many thanks to Coupon-Mad for the advice regarding the two different Defendant names. :T Gladstones have discontinued the incorrectly named claim. So there is only one left to defend. :money:

The main aspects of my defence are as follows:

1. Failure to comply with PD for Pre-Action Conduct. Namely, they never responded to my request for clarification of the claim details, as follows:
>
"The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.
You also cannot presume that I possess all the documents referred to in your letter.
Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass
Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.
I also require an explanation for the £160 charges as this seems completely unjustified given my understanding of the Whittle Square location that you have referenced and the amount of parking space that is available at that location.

When I receive the documents and your explanations I will be in a position to make a more detailed response
It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.
"
In their RTD they have accepted this request was made, but they didn't need to provide this information as "proceedings had been issued" and "the appropriate avenue was for him to formally respond to the Claim Form".
In fact, the above letter was sent (7th August 2017) in response to their Letter Before Claim and no Claim Form had been issued at that time (it was issued on 14th August).

2. Sign presentation:
- Their signs are standard issue it seems with lots of small text. The PCN was issued in the dark and the nearest sign is on a post right next to the roadside, facing into the road - making it difficult to ready unless you stand in the road to do so. The 'bottom' of the sign is 2.1m high, so it is impossible to read from inside a car.
- The prominent text on the sign shows that Parking is Permitted for 2 Hours Max and is accompanied with some imaged to represent the restrictions, although these are not necessarily clear. There is a paved area opposite where the car is parked (on the unmarked roadside), which is well known for lots of cars being parked outside of the poorly marked bays. The natural assumption is that these signs relate to that area.

3. There is no signage whatsoever to let motorists know they are entering private property, or an area that is not subject to standard Highways Act regulations (i.e. parking at a roadside with no yellow lines).

4. Having requested confirmation of a contract with the land owner (which was ignored in my postal request), Gladstones eventually supplied a contract with the Managing Agent. I believe this is insufficient as proof of permission of the Land Owner (as specified through the IPC Code of Practice, Section B.1.1 ?

5. There are no road markings (yellow lines) at this location at all, as mentioned above (albeit I feel this is a worthy point in isolation), It is not a car-park as they have suggested in some parts of their WS), but a seemingly public road.

There are other parts of my Defence & WS that do not need to be repeated in here, as they are fairly straightforward and there are other aspects to my original Defence which I am conceding as irrelevant and not worth pursuit.

I'd be very grateful if someone could give me any final guidance on these factors.
Otherwise....wish me good luck! Time to go iron my shirt and shine my shoes!!

robberbutton

Good luck

System

Did you send in a Witness Statement 14 days before or are you simply relying on the defence submitted previously.

Is there a Skeleton or just the defence?

Schedule of costs sent to the court and the other side?

mric2000

Thanks IamEmanresu.

Yes I submitted a WS statement as well as the full Defence document. The WS was mostly based on (and refers back to) the Defence.
I haven't submitted a schedule of costs though. Is that something I should be doing beforehand? I was under the impression I would submit that after the hearing, if I am successful?

System

Is that something I should be doing beforehand?

Yes at least 24 hours before to the court and the other side. The purpose of sending it to the court is that it should be in the pack the judge will consult and he/she will be prepped to expect the question and will have a view on what they should be.

I was under the impression I would submit that after the hearing, if I am successful?

You bring it up at the end and explain you sent them a list of costs 24 hours before.


As they say at McD's - do you want to go large? There have been some interesting cost awards recently so have a go at explaining the time spent on this @ £19/hour.

The_Deep

Are you going to ask for CPR27.14(2)(g), (unreasonable behaviour) costs? The judge will be unlikely to agree, but imo the behaviour of the PPC has been entirely unreasonable here and you should give him/her a robust argument.

List the time, including research, at £19 an hour), mileage, stationery, photocopying, etc. Read this

https://forums.moneysavingexpert.com/discussion/5641525

mric2000

Thank you IamEmanresu and The Deep.
I have today hand delivered my Schedule at the Court, for the attention of the Judge. I have gone with an hourly rate of £23.20, and have included my monthly self employment invoices for the past 4 months to justify this rate.

Roll on tomorrow!
Thanks

nosferatu1001

Max for a LIP is £19

You owuld need to be quite persuasive to get a higher rate.