fluttering ticket going to court

System

Just a puerile observation: I note Gladstones really don't like emails sent to multiple staff members.

Missed that too. Has anyone else missed that.

They also believe the CPR applies only to the "little people" and not the giants of the legal world that they are.

Loadsofchildren123

My post 207 deals with the Rule 38 point.


The unreasonable behaviour under R27 is that they would have known who the contract was with, and would have had all the information about signage on which claxtome relied, from the very beginning.


The whole point of the pre-action procedure is to weed out weak claims and weak defences. That's why it obliges you to engage, and to provide your core documents proving/refuting the claim (depending on whether you are C or D). In the process of providing those documents you realise "doh! My claim's rubbish, I'd better shut up" or "doh! my defence is really rubbish, I'd better pay up". The fact that the PPCs consider themselves above the pre-action PD ends up with all these rubbish claims which they blindly pursue.


There's the unreasonable behaviour, right there. A litigant should assess his claim at the pre-action phase before he pursues it.


In the case of PPCs you also have the string in your bow that they should and would have known all of this because their own ATA CoP obliges them to keep meticulous records of landowner authority, signage etc.

claxtome

What do you suggest my next plan of attack is to the letter in post #220?

Suggestions I can think of:
a) give up claiming costs
b) reply to the letter pointing out the errors in what has been said
c) Contact the court as I threatened to and see if they think it is "unreasonable behaviour" and see if they award costs
d) Apply officially for a costs order with the usual fee with court

nosferatu1001

I woudl respond to GS. Get them caught on a fork
They either have to confirm they undertook action without actually seeing the documents - which they do, but they dont want to admit - or they have to somehow explain why they suddenly discontinued when they were provided no new info.

Castle

claxtome wrote: »

What do you suggest my next plan of attack is to the letter in post #220?

Suggestions I can think of:
a) give up claiming costs
b) reply to the letter pointing out the errors in what has been said
c) Contact the court as I threatened to and see if they think it is "unreasonable behaviour" and see if they award costs
d) Apply officially for a costs order with the usual fee with court

Or e) go for a Data Protection Act/Harrasment claim for a £25 court fee.

Loadsofchildren123

b). Tell them they've got 7 days to reply otherwise you'll be writing to the court.




The court can't make you issue an application: costs fall to be dealt with under the discontinuance. So there's no new fee payable. What the court can do is refuse to deal with it on paper and make you go to argue it out at a hearing.


Shove the threat of e) into the letter at b).

claxtome

I am sorry I feel I let the members of the forum down as didn't have the energy to pursue costs as Loadsofchildren123 suggested.
My family emergency I mentioned was my mother-in-law passing away suddenly the day after my court appearance. I was very close to her and my wife is finding it hard.

I will make ESPEL pay in other ways by helping others on here.

What I will say thank you for all your help and support you gave me over my 3 parking cases over the last year which has a good ring to it with a winning score of 3-0.

The particular key helpers, though so many, include in no particular order:
Loadsofchildren123
Johnersh
Castle
nosferatu1001
IamEmanresu
Beamerguy
Lamilad
Bargepole
Redx
Umkomaas

This last name the forum wouldn't be the same without Coupon-mad

Sorry if I missed anyone

Loadsofchildren123

Well your precedent costs letter will help others, I refer people to this thread all the time. It takes so much time just to defend in the first place that it's not a surprise you didn't want to devote yet more time to pursuing costs, the victory of the first win (or all 3) feels like enough when you have other things going on.

COH

Hi everyone

I am a newbie and this is my first time contesting a parking ticket.

I have just received a county court claim from Gladstones solicitors about a parking ticket I received at the same parking site that Claxtome did. Unfortunately my ticket fluttered all the way to the floor so was not visible at all on the dashboard. I did however enter my vehicle registration into the machine and I purchased a full days parking. I have drafted my defence using a modified version of Claxtomes final edit (that I think includes all your comments and suggestions). Can I post my draft here for your help or do I need to start a new thread?

Many thanks

Castle

COH wrote: »

Hi everyone

Can I post my draft here for your help or do I need to start a new thread?

Please start a new thread