court claim received gladstone

jollyroger10

Hi there,

Iv attached the following link with the claimants witness statement and evidence they plan to use against me on the 21st November 18.
Any help with opposing there points would be appreciated as would like to put together my skeleton argument.

https://www.flickr.com/photos/167937459@N03/sets/72157700139965652

sorry think iv probably posted too much of thier bundle so appreciate there will only be certain pieces you are interested in reading. just didn't want to miss anything.

thank you

ps: i have added my own yellow circles on there site map the two small ones are my address and where charge was issued. the larger photo i have circled is off my property. The other two photos are taken from somewhere else on the estate I never drive past or is near my property i don't know where about on the estate those photos are even taken from.

also i have blotted out all personal info.

nosferatu1001

You will have reliaed by now this is their 10 pence template WS
Its awful

Their numbering

5) rebut this bypointing out they COULD have sent further paritculars, as thius is expressly *allowed*, and even without sending further their lclaim only used XXX of the 1080 characters allowed. You point out it failed to identiey a cause aof action - which the claimant does not deny - and does not indicate how the supposed debt arose.

7) This assuems the driver is the defendant. This i an assertion and is not a fact known to the witness. This should be struck out.

Go throug - any assertion / assumption made without evidence is challenged. Summarise each type eg. para ..... and xxxxx they assert the defendant is the driver yet proide no proof

8) Did you really ignore the LBA? If NO then you need to point this out! This would be an easy lie - give date of response, copy of it etc.

10) It is up to the claimant to prove their claim, they have asserted but not proven. Obviously if you HAVE proof you can point this out, and if you HAD supplied them with proof prior to court this owuld also be good (Im not readin g back through the thread here, just giving you things to think about)

11) You attack by stating regulations have to benewfit the landowner, they havent confirmed the regulations were brought in by the landowner, that they had the required 75% approval to alter leases in this way, that the changes were to the benefit and not detriment etc.


13) Beavis was about a commercial car park with a commercial reaosn to ensure turnover. To claim this claim has naything remotely related to Beavis is the claimant misleading the court

They are also making arguments here, introducing leements NOT included in their claim. They will do this repeatedoly so you should ask the court to STRIKE OUT this WS, as it is NOT a WS but a statement of claim that should have been made when the claim was initiated.

14) The charges ARE pena;l unless they meet the tests laid out in Beavis for them NOT to be/ Thi sis not a fact, this is an assertion made by the claimant yet agakm

15) Did they include random debt collector etc costs? If so point out these are not suitable etc. Anything saying "legal costs" other than the £50 to file the claim?

16) I presume you cna rebut th8is well enough? If you DONT know how they dont comply, its a little late For example, "f" is incpomplete - it must be starting with the day after that on which the notice is given. That they have omitted that is misleading to the court.

18) That isnt what the case actually concludes, and yo ucan easily find rebuttals for this. You point out that as they have no authority to make the contract they have no power to enforce the contract. This is again an attmept by the cliaant to mislead the court

20) That contract aplies to the driver, and not tot the keeper. As they appear to be claimaing against hte Keeper using POFA , they are aware that POFA STRICTLY loimits them to the amount on the NtK and nothing extra - no "damages" and certainly not hte £60 stated in 22). You will need the reference to this.

23) The additional sums cannot be left vague, they must be specified, and in nay case a Keepr defendant cannot be liable for them under POFA, whic hthe claimant well knows

24) Again every time they say "defendants breach£" point out it was the DRIVERS alleged breach, and this conflaiton of temrs indicates iether the cliamant wilfully misleading the court, in an attmept ot construe liability wherenone exists, or is an error showing the claimants "witness" was nothing of the sotr.

nosferatu1001

Agreement - that confirms that NO PARKING IS OFFERED
If th4ere is no offer of parking there can not possibly be a contract for pakring.
In 2.3 it only allows them to use legal action agasinst drivers, not anyone else. as such gthe Claimant has acted outside of their authority and has no Standing to bring this claim. They knew this before starting this legal action, as this is THEIR contract THEY produced.

Was it signed by someone who works for the landholder?


Sign - CONTRACTUAL UCERTAINTY. "may" incur additional. Cannot be enforced as a term (as it also does not specify amounts) notwithstanding that under POFA you have no liability anyway!
Its a terible sign. Doesnt actually offer anything to anyone.

That map is hilarious. It ony shows some of thesupposed sighs. If you can show some of those signs ARENT there (the blue dots) then that helps. It also isnt signed, has no install dates, isnt itslef dated to show when it was produced, etc.

NTK; Yep this isnt compliant. Wrong period. Thats why in their WS they have OMITTED to the court that their notice did NOYT contain the preoscribed wording. Point this out in big bold letters they have misled the court and this adds to their unreaosnable behavour. this also mentions a different samount - £49, not £60.

LBA - the typical GS crap LBA. It still does not sttae any cause of action, in fact the only specific information to your case it contrains is oin the box, and is even more sparse than the PoC.

jollyroger10

Wow ,
There’s so many good points you have given!
I will go through them all this weekend and start to put together my skeleton argument.

I really appreciate the time taken to reply as I am so new to this, thank you so much

jollyroger10

Hi there,

sorry if this is a silly question I am just finishing up my skeleton argument am I right in thinking i must email a copy to the court before the hearing next week?

Also iv read in other threads of gladstones discontinuing the case, how would i know if the have done this for my case? is it if i receive a letter before trying to settle ? Then would I get informed by the court if they were to discontinue?

thank you

KeithP

jollyroger10 wrote: »

sorry if this is a silly question I am just finishing up my skeleton argument am I right in thinking i must email a copy to the court before the hearing next week?

Yes, and you must send a copy to the Claimant too.

Don't forget a Costs Schedule.

jollyroger10

ok thank you,

I didn't realise that i had to send claimant skeleton argument also so thanks for that.

So should i be expecting gladstone skeleton argument also?

Hearing is a week today so wanted to send by the end of the week, wasn't sure if they need it by a particular day before hearing though.

Was going to tackle my costs schedule next, i just take this on the day though don't I?

thanks again.

nosferatu1001

No, they wont bother with a skeleton. Its optional.
No, send costs schedule with the skellie. Then the claimant cannot object

If they discontinue they HAVE to notify you, in advance. If they fail to do so and you turn up, ak for the hearing to be turned into a Costs Hearing where you want to discuss their unreoasnable behaviour.

Make sure your costs are split into;
1) Ordinary costs always claimable - half days pay OR loss of leave (take proof!) capped at £95. Mileage and parking or publics transport costs. Estimate if needed, provide receipt on day
and IF you are going to claim unreasonable behaviour costs under CPR27.14(2)(g) then make sure you bullet point their unreasonable behaviour (you will know what this is by now, its detailed on most threads!) and then lcaim, at £19 per hour

2) time to write dedfence, research it, time towrite witness statement, time to go to site to take photos, etc.
Costs of printing etc your bundle.

StarGazer1

Hey, I was wondering what the outcome of all of this was for you? My bf is in a v. similiar situation so would be useful to have an update. Many thanks

Umkomaas

Some people, despite lots of free advice from others, giving of their own time voluntarily, don't seem to have the courtesy to come back to update those who helped so much.

The OP seemed quite keen to post on here when he wanted our help - over 5 months of it .....!

Let us know if he updates you, but I wouldn't hold your breath!