Gemini/Gladstones - Small Claim

FJ1000

Bump! Feedback much appreciated!

Thanks

FJ1000

Just to keep this updated.

I sent the letter to Gladstones, and have received the following response by email:


Good Afternoon

We write further to your letter dated the 22nd November 2017.

Please find attached duplicate copy of our Directions Questionnaire filed at Court.

We apologise that you received a blank copy. As we outsource our printing we were not aware that a blank copy had been sent out.

Kind Regards

FJ1000

It's been a while since an update!

I am due in court (Croydon) on the 6th July, so beginning to put together my witness statement

A couple of questions please

1. As this is Gladstones - they are unlikely to respond to a part 18 request. Is there another avenue for finding out what evidence they have?

2. I intend to claim costs if I win. As I understand it I can claim 1/260 my salary. Can I also claim 1/260 my last annual bonus? It is variable, but typically makes up a large portion of my total compensation (I'm in Finance)

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

nosferatu1001

1) Part 18 doesnt even apply to small claims, so of course they ignore it. you just ask them to send you all docs they intend to rely upon, in theinterests of narrowing any topics of disagreement and not wasting the courts time.
2) Your understanding is entirely incorrect. You can claim up to half a days loss of leave or earnings, capped at £95. If you can persuade the court of unreasonable behaviour then you can also claoim LIP rate of £19ph for prep of bundle, possibly higher.

FJ1000

Ah - didn't realise about the costs - that's annoying.

Thanks for clearing that up. I'll email them and see where I get with getting docs - not holding my breath!

FJ1000

Ah well - was worth a shot...


Good Afternoon

Thank you for your email.

Our Witness Statement will be provided at the direction of the Court and in accordance with the Notice of Allocation.

Kind Regards

Julie
Litigation Assistant

FJ1000

Ok - this is an interesting development.

Gladstones have just emailed me their witness statement. In it, they make reference to the current signage (which refers to 3 hours free parking - changed from 2 hours a month after the incident), and state that they are pursuing me because the car stayed longer than the 3 hours free period. Throughout - they refer to 3hrs being free, and pictures of the signs that say the same.

However, later in the pack - it quite clearly shows on the parking charge notice that the period the car was onsite was 2h:53m

Have Gladstones just scored an own goal?

System

Have Gladstones just scored an own goal?

Yes. So go back and point out the error and put them on notice of costs - and list them. Produce the letter and list of costs IF they decide not to withdraw and waste yours and the court's time.

nosferatu1001

Wow, thats worse than expected from GS

Write back, pointing out that their own evidence shows that no charge was due, and that you sugegst they discontinue immediately 0- withinh 2 days of your email to them. State past that you will ask for your fiull costs for unreaosnable behaviour

You will also bring up that their refusal to disclose documents prior to the witness statement, including thesse documents proving there was no chance of their success, will be brought to the courts attention. their first duty is to the court, not themselves or their client, and you suspect the only reason they did not deliver documents before was because this fatal flaw waws known to them