Claim form issued - Gladstones / HX Car Park Management LTD PCN

Skyboss

Phew! I've managed to delete it, the option was available to delete the defence from the landing page of my case / claim. There is no defence online now related to my case, only the aos is registered. I'll rely on the defence submitted via email. Thanks.

Skyboss

Just noticed.....I haven't dated my defence which is attached to the email and I haven't headed it 'Defence' although it does say summary of defence, excerpt below.

'In the County Court Business Centre
Claim Number Xxxxxx
HX Car Park Management v Xxxxxxx

Summary of Defence.

It is admitted that the Defendant is the registered keeper, not the driver of the vehicle in question.'

Should I amend and submit another copy, dated and headed 'Defence'? By email or registered post?

Skyboss

MCOL is now showing that my defence was received 24/10/17. I checked by calling the online help desk whether the defence they registered as received was the emailed version or an online submission, they confirmed it was the emailed defence which they were referring to which put my mind at rest.

So, now I sit and wait to see whether Gladstones want to proceed.

I'd just like to give my sincere thanks to everyone who's offered their advice so far, it is much appreciated, this site / forum is a fantastic source of information and a great community of like minded and very knowledgeable people who give up their time and effort to help others, thank you. :T

nosferatu1001

Or, you read ahead on post 3 of the newbies thread, for the next steps
Gladstones will continue wandering aimlessly forwards.

Skyboss

Update:
So, as predicted, Gladstones wander aimlessly forwards.......
I have received a letter from Gladstones stating the following:

"We act for the claimant and have notified the Court of our Client's intention to proceed with the claim.

Please find enclosed a copy of our Client's completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client's opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

You will note our client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

Yours sincerely"


Enclosed with their letter was a Directions Questionnaire but it was not completed. There was also an N159 form and a request to the court for special direction pursuant to PD27 (2.4), which asked that the court send the N159 form to the defendant.

(The special direction request was expected as per the claim court procedure on the newbies thread).

I then received a letter from the County Court Business Centre "Notice of Proposed Allocation to the Small Claims Track".
This states that:

"1. This is now a defended claim
The defendant has filed a defence, a copy of which is enclosed
2. It Appears that this case is suitable for allocation to the small claims track
3. You must by 20 November 2017 complete the Small Claims Direction Questionnaire and file it with the court office and serve copies to all other parties."

There was no copy of the defence but I assume this is only enclosed with the comms to Gladstones?
There was only the Directions Questionnaire enclosed, no N159. There was also some literature about mediation (EX730).

Should I go back the Gladstones and ask for a copy of the completed N180?
Should I ask the CCBC for an N159 to complete?
Or does none of this matter and I just need to complete and return the N180 from CCBC?
It does state on MCOL that the Claimant has submitted a Directions Questionnaire.

Any comments are appreciated.

I can enter in D1 of the DQ:
The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Coupon-mad

Should I go back the Gladstones and ask for a copy of the completed N180?
Should I ask the CCBC for an N159 to complete?

Nope, you do not want a N159.

Or does none of this matter and I just need to complete and return the N180 from CCBC?

Yes, like in every thread you'll find when you Google:

'Gladstones parking Special Directions straightforward'.

This is all normal for G's. Read other threads.

KeithP

It simply means that they are not seeking to transfer liability to the keeper.

In other words, the defendant is being pursued as the driver.




Edit: Oh, where has the post gone that I have responded to?

Skyboss

Sorry, I deleted it. the witness statement goes on to state that "the criminal case of Elliot v Loake 1983 Crim LR 36 held that the registered keeper of a vehicle may be presumed to have been the driver unless they sufficiently rebut this presumption ......."

The defendant was not the driver but is the registered keeper. They are trying to hold the registered keeper liable?

KeithP

They are trying to say that Elliot v Loake is sufficient justification to assume that the keeper was in fact the driver.

Elliot v Loake was a criminal case and forensic evidence was used to prove the keeper was the driver.

Nothing like your situation.

Coupon-mad

Skyboss wrote: »

Sorry, I deleted it. the witness statement goes on to state that "the criminal case of Elliot v Loake 1983 Crim LR 36 held that the registered keeper of a vehicle may be presumed to have been the driver unless they sufficiently rebut this presumption ......."

The defendant was not the driver but is the registered keeper. They are trying to hold the registered keeper liable?

So (we hope) you searched this forum for the keyword 'Loake' and found what's been said before? We hope so, because it helps if we don't have to repeat the same old stuff every day, every week.

We also want to know where you disappeared to and whether you have actually filed your own WS and evidence yet. What's your deadline to do this, from the court letter that told you to do so?