At Small Claims stage - PCM and Gladstones

Coupon-mad

PCM are in the IPC, have been for a few years.

there isn't any issues with uploading contents of their WS is there?

No, that's OK but best shown as a shared link to Dropbox.

RM_2007

Thanks Coupon-Mad. I only mentioned it as the "agreement" above mentions BPA and not IPC.

Right, not used dropbox before so downloaded etc.

Gladstones WS linked here

They also send a printed copy of the signs, uploaded -
linked here

I need to get a better understanding of the signs in this case and fully understand why its forbidding and cant form a contract - any pointers appreciated.

RM_2007

Draft schedule of costs - what is the maximum hours you can claim in time spent preparing for the case?

DEFENDANT'S SCHEDULE OF COSTS

Ordinary Costs


Loss of earnings/leave, incurred through attendance at Court 23/03/2018 £95.00

Return mileage from home address to Court (7 miles x £0.45) £3.15

Parking near Court £0.00

Sub-total £98.15 ======

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (4 hours at Litigant in Person rate of £19 per hour) £76.00

Stationery, printing, photocopying and postage: £20.00

Sub-total £96.00 ======

£ 194.15 TOTAL COSTS CLAIMED

Coupon-mad

RM_2007 wrote: »

Thanks Coupon-Mad. I only mentioned it as the "agreement" above mentions BPA and not IPC.

Right, not used dropbox before so downloaded etc.

Gladstones WS linked here

They also send a printed copy of the signs, uploaded -
linked here

I need to get a better understanding of the signs in this case and fully understand why its forbidding and cant form a contract - any pointers appreciated.

Bumping these hyperlinks for others to click on, I have no time today.

what is the maximum hours you can claim in time spent preparing for the case?

No maximum, but under ten might be viewed more favourably.

RM_2007

Hi All, looking at the court order, I cant see a date by which the skeleton argument needs to be submitted by - Court date is friday 23rd.

Is it possible to email? or post/hand deliver only?

To allow a few days, does it have to be in tomorrow (by hand) or if it can be emailed, is Thursday morning too late?

I'll take my cost schedule with me on the day (can send it in with the Skeleton as well if that is better).

KeithP

I would seriously try very hard to deliver both those items to the court tomorrow.

And of course, to the claimant.

RM_2007

KeithP wrote: »

I would seriously try very hard to deliver both those items to the court tomorrow.

And of course, to the claimant.

Will aim to do that.

Just amending the Skeleton now.

As Galdstones submitted their WS late (after the 14 days as directed by the court papers) can I ask for the claim to be struct out? - Just trying to draft that paragraph.

Coupon-mad

You can ask for the Judge to disallow it, as a firm of solicitors know the rules & deadlines.

And you need to be ready (on the day) to object to the late WS, and the non-appearance of the witness to be questioned about their statement. Many Judges look very dimly upon such conduct by a claimant and their solicitors and - thereafter - the Judge might be on your side.

Are you au fait with the tips for the day:

- getting there half an hour early (partly to calm down and not rush, not get stressed)

- have your costs schedule with you and copies of everything, plus proof of emailing Gladstones

- finding out from the Usher, who has turned up for the other side.

- Not accepting ANY additional documents foisted upon you (say 'no, see you in the court room in front of the Judge where you can explain why you have tried to add evidence not properly filed')

- asking them for their name and who they work for, before you get in there (it will not be Gladstones. And if it's not the Claimant PPC, and is perhaps a hired rep from ELMS LEGAL or similar, you can hand the usher a 'Preliminary Matters' set of papers including the Law Gazette and case law that argues that the rep lacks Rights of Audience and should not be heard, and the Claimant should be treated as though no-one has turned up...

Search the forum for 'Gazette' and change the default to SHOW POSTS not threads.

RM_2007

Thanks Coupon-Mad.

Will search for that.

Thank you for the tips - very helpful as usual.

Will re-read all the advise before Friday - getting a bit nervous as the date approaches but trying to as much prep as possible in between the day job and family.

have your costs schedule with you and copies of everything, plus proof of emailing Gladstones

Will print out copies of the delivery rejection messages

Coupon-mad

I just clicked on the links.

Usual template stuff (absolute copy & paste of previous Georgina Philpott WS - we have seen this LOADS of times). You can debunk Vine, and Elliott v Loake, et al by reading how others did the same.

Search the forum for Philpott, and Gladstones WS Loake and Gladstones Vine WS I would suggest, as groups of keywords, always changing the search to show POSTS, don't trawl through entire threads looking for a needle in a haystack! You will see what I mean by the WS being a template...

And that isn't a copy of the sign, it's a template of what A sign might look like. No evidence.

More important would be their evidence of the signs in situ, pictured next to the car and with legible terms, in dated photos, and an aerial map (dated) showing where all the signs are (IF TRUE...).

Pick holes in the evidence and plan your attack.

If GP turns up herself then you can't challenge her RoA, as an employee of the Claimant.