Gladstone / ES Parking - Court Claim Email

Nerfo

MCOL shows I have filed a defence. I'm not happy with the quality of it. I'm guessing I've no chance of amending it?

Nerfo

Unless I use a witness statement of what happened on the day as my bitter quality defence. Like Gladstone have done.

KeithP

You can, but it will cost you. £255 I think. Look up court fees.

nosferatu1001

You need to ask permission to amend your defence, which will cost £255 as it requires a hearing (the C will oppose it)

Gladstones havent made a better defence, of course. Theyre not the D, you are, they are making a claim and have to prove it. What theyve done is likely advanced NEW LEGAL ARUGMENtS that didnt exist in their PoC. Did they make the normal claim that MCOL stopped them providing a better PoC? You easily rebut that in YOUR ws by stating they only used X characters of the allowed 1080 and could have sent further PoC by ticking the option in MCOL. It just doesnt suit their business model of filing claims automatically, and fails their duty as Officers of the court.

If they have added a new set of argumetns then END your WS with the below:

I respectfully request that the court strikes out the Claimant's witness statement as in breach of Practice Direction 32
It is clearly not a statement of facts known to the author but a series of new legal arguments advanced by its solicitor
The solicitor, that is to all intents and purposes identical with the Claimant's trade associa
tion, specialises in such claims, is fully aware of the difference and the Claimant should not be permitted to deliberately breach the Civil Procedure Rules in order to take advantage of an unrepresented Defendant.
I have the reasonable belief that the solicitor intended such an ambush when it originally proposed a hearing on the papers under the pretence that the case was "reasonably straightforward"

- Assuming the above is what has happened.

Nerfo

In reply to my last post you can submit evidence any time to the court upto 14 days before the case, so I submitted a detailed witness statement by me.

Court case was today.
Turned up nice and early.
ES Parking didn't turn up because of 'urgent family matter'.
Judge adjourned the case.
Judge requesting proof of urgent family matter and awarded me £95 in expenses for booking a day off work for the inconvenience.
He thinks it might just fizzle out from now.
I find it amusing that ES Parking took me to court demanding money and I came out £95 up.

Coupon-mad

ES Parking didn't turn up because of 'urgent family matter'.
Judge adjourned the case.
Judge requesting proof of urgent family matter and awarded me £95 in expenses for booking a day off work for the inconvenience.

Hahaha, well done! It may well fizzle out and you should receive your £95.

twhitehousescat

Nerfo wrote: »

In reply to my last post you can submit evidence any time to the court upto 14 days before the case, so I submitted a detailed witness statement by me.

Court case was today.
Turned up nice and early.
ES Parking didn't turn up because of 'urgent family matter'.
Judge adjourned the case.
Judge requesting proof of urgent family matter and awarded me £95 in expenses for booking a day off work for the inconvenience.
He thinks it might just fizzle out from now.
I find it amusing that ES Parking took me to court demanding money and I came out £95 up.

uncle "trev" misplaced his wallet

Nerfo

Case:

December 2016, 9pm, Parked in an office car park next to a cinema with no lighting, so signs were not visible. ES Parking ignored all of my appeals.

Final Update:
Got a new court case date. Arrived early. Claimant came this time.
I was the first of four Defendants vs ES Parking. Went in and the judge pretty much just ripped them to pieces. The witness statement they supplied turned out to be a copy and paste job, saying Defendant claimed to have a permit when I did not display it on my windscreen." But I was never disputing a permit, I was disputing the lighting. After 20 minutes of the Judge grilling the claimant, I got the impression he wasn't happy with the witness statement and wouldn't take anything the claimant said as truth.

This was my first time in court and didn't know what to expect. I gathered after 10 minutes I sit there and speak when spoken to. I worked this out after getting worked up when he said there was adequate lighting on the pictures, so I picked up the image and pointed at the lights being off. The judge politely told me to wait until it is my turn. That never happened because he didn't want to waste any more time and ruled in my favour. I got loss of earning back for the half day and the parking for a couple of hours (had to include that one).

Thanks for the help and resources offered on this site.

Hopefully, they lost all the cases today and they will think twice about how they act.

Castle

Have you received the £95 from the "first" court case?

System

Was this Preston? Home turf?