Gladstones court claim received - help please

Coupon-mad

OK so get them to send a SAR to the MA, specifically asking for the contract/agreement itself, and anything sent to residents about the permit/parking regime.

System

The Managing AGent is there on YOUR behalf. They can only sign contracts for YOUR benefit. You require them to send a copy of the contract through within 7 days else you will...

I'm not so sure about this one. I may be wrong but what if

1. The leaseholder (as tenant) only has a contract with the Head Leaseholder

2. Within the lease there are a bunch of promises or covenants on how people behave in a property with multiple leaseholders both between themselves and with the Head Leaseholder

3. What if, to make the Head Leaseholders life easier, he hired the Managing Agents to manage these overlapping promises (or contracts you can say). That would mean the MA worked for the Head Leaseholder to fulfil the his obligations under the lease

4. That would mean the monies paid by each leaseholder to the MA would not be consideration under contract to the MA but costs recovery by the MA as determined by the lease and the the various Landlord and Tenant Acts.

I wonder if that is an alternative way of looking at this issue.

kgirl123

IamEmanresu if I understood your points correctly, that sounds right. The MA is acting on behalf of the land owner. The MA has copies of all contracts, but as defendant is not the property owner they are not being very responsive when a copy has been requested. Resident themselves haven't been very helpful in this unfortunately...

I have received an email from Gladstones with the usual 'no need for oral hearing' blurb, and DQ attached, which I have seen on other posts. I also received a separate email from the same person, dated 20mins earlier, stating 'we are yet to receive a copy of your defence. We kindly ask for a copy of this in your convenience' - do I need to send them a copy?

Coupon-mad

I would email them a copy in the interests of open dealing and fairness from your side, but I would put in the covering email that it doesn't bode well for their robo-claim in this case if they are so disorganised that they can't locate, or have lost, the defence that the CCBC made available to them (otherwise how would they have known it was DQ time?).

I would also take the opportunity to send a clear message in the same email, that their stupid well-known template suggesting the claim is 'straightforward and should be heard on the papers' has not fooled you for one minute, and their client has no cause of action against you and should discontinue before they waste costs on yet another meritless claim.

Castle

kgirl123 wrote: »

I have received an email from Gladstones with the usual 'no need for oral hearing' blurb, and DQ attached, which I have seen on other posts. I also received a separate email from the same person, dated 20mins earlier, stating 'we are yet to receive a copy of your defence. We kindly ask for a copy of this in your convenience' - do I need to send them a copy?

No... the court will send them a copy.

JEFFreyjbaker

Hey guys thanks for the help but I recieved 3 parking fine last year April and was told to ignore them as its private and now I’ve but got a county court letter and I’m a bit terrified but it’s £609 and I can’t afford it is there’s anything I could do to stop it please.

Thank you for your help guys much appreciated

Umkomaas

JEFFreyjbaker wrote: »

Hey guys thanks for the help but I recieved 3 parking fine last year April and was told to ignore them as its private and now I’ve but got a county court letter and I’m a bit terrified but it’s £609 and I can’t afford it is there’s anything I could do to stop it please.

Thank you for your help guys much appreciated

Read the NEWBIES FAQ sticky, post #2 which walks you right through the court process.

Then please start a new thread of your own as gate crashing someone else's is not allowed by the forum and as your case is now at the business end of things could lead to potentially very expensive confusion.

it’s £609 and I can’t afford it is there’s anything I could do to stop it please.

Whether you can afford it or not will not help you. Lots of research and hard work will be the main way of trying to stop this.

In your new thread please give us details of dates when these PCNs were incurred, which parking company, dates of letters received and other information so we have a better understanding of your case, and how you might be able to win this.

Who told you to ignore the PCNs?

kgirl123

Coupon-mad wrote: »

I would email them a copy in the interests of open dealing and fairness from your side, but I would put in the covering email that it doesn't bode well for their robo-claim in this case if they are so disorganised that they can't locate, or have lost, the defence that the CCBC made available to them (otherwise how would they have known it was DQ time?).

I would also take the opportunity to send a clear message in the same email, that their stupid well-known template suggesting the claim is 'straightforward and should be heard on the papers' has not fooled you for one minute, and their client has no cause of action against you and should discontinue before they waste costs on yet another meritless claim.

Followed your instruction, and drafted an email stating the above, also outlining that I will not hesitate to reclaim all my costs if this does proceed to court and is judged in my favour. Haven't heard anything back and it's been a few days so doubt I'll get any response. Thanks for the help again!

kgirl123

Quick update - DQ filled out and submitted via email to both CCBC and claimant (ahead of deadline on 8th May)

I believe the next part of the process can take weeks or even months in some cases, so now I wait...

kgirl123

I have received the attached letter in the post today, can't find an example like that on the forum so please can I ask for help with this?
Am I right in thinking I should make an application to have it set aside? If so, how do I do this?