Help with Gladstones Court claim

Midy147

I have received a copy of a completed directions questionnaire from gladstones solicitors. They are seeking to have the case heard on paper under special directions. They have also elected not to mediate.

I assume i will get one myself to fill in and this is just for information?

KeithP

Yes, you will get your own copy, as explained in Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread.

You really need to go back to post #2 of the NEWBIES FAQ sticky thread at every stage before asking questions.

You will see in that Bargepole post that you should've been expecting that response from Gladstones.
Bargepole says:

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: "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)".

Midy147

I have received my DQ form with a deadline for 4th june. I have followed Bargepoles advice on filling it in. Just one question, the D1 box is quite small (PDF) and i can't fit in the address with the request to ignore special directions from Gladstones. How have people dealt with this

KeithP

You don't need the full postal address of the court. Just enough to identify it.
For example, Town-name County Court is usually good enough.

Coupon-mad

Put a covering letter spelling out your refusal to agree with Gladstones' template request for 'special directions' (which always puts a Defendant at an immediate disadvantage in parking cases) and state that your wish is for an oral hearing at your local court.

Midy147

I have emailed the court with my directions questionnaire today and i will post a copy to gladstones tomorrow.

Midy147

Ok so my case has been transferred to my local county court and will be heard in person. So just waiting now for the judge to send directions (notice of allocation). Need to get started with my witness statement, i have already gathered most of the case files and photos i will rely on.

Midy147

Quite confused today as i have received a General form of judgement or order which say that my case has been transferred down to Weston Super Mare, 200 miles away. Is there any way i could challenge this as it would make it very difficult for me to defend myself easily.

Coupon-mad

Yes you follow what it says to set aside that order because it's an error, you do not live there! Read it, you have SEVEN days to object so get that in on Monday morning, following what it says to do.

The only reason a case might have been transferred would have been if it's a company Defendant, but are you defending as an individual? Then you get to choose your local court and I expect the CCBC have had a brain fart due to the heat!

But you can't ignore this nor delay, the letter says how to object.

Does your town name sound a bit like Weston or did you have scrawling writing on the DQ?!

Midy147

Yes defending as an individual. I chose my local court which was accepted. And this judgement has arrived after a month. My town is in greater Manchester and sounds nothing like Weston super mare.
It doesn't really make clear how I can appeal that decision on the order given by the district judge.I wrote the DQ on a computer so no issue there.