Court Claim form from UK Car park management & Gladstone

masatoi

They emailed me with their WS saying

"The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.

If they don't attend the hearing.

1) The 2 cases will be stricken out.
2) Then I need to claim the cost at the court.

Is this correct?

Coupon-mad

No, if you read other Gladstones claim threads (and I wish more people would read/bookmark and return to other threads just like theirs, as it will help) you would know they always say this, and they DO NOT have to turn up, as they gave notice that they might not send a rep.

This is the same as all other current Gladstones threads. You need to hurry up and file & serve your WS and evidence (by hand to the local court, but by email to Gladstones). This is covered in many threads over the past year or more, where I've typed the words 'ring binder' (you can use that as a forum search term to learn how everyone does this).

masatoi

You need to number your evidence photos & transcript and proof of booking, to match where they are referred to in the WS. Then add a contents page, and finally, number every page too.

Put that in a ring binder marked on the front with the claim number and the date of the hearing (important, to stop it being filed in a drawer!) and take that file in person to the local court in time.

I found this text in other thread, I only emailed both my WSs (both cases) to the local court. I didn't physically hand it to the court. I thought I need to do this at the hearing.

Do I need to go there?

Redx

yes, you give it to the court usher or put it in a box

courts wont just print everything you email, and you cannot just turn up in court with a copy and hand it in on the day of the hearing (but have a copy with you)

these things have to be filed beforehand and your court letter tells you that

I suggest you follow the advice given TO THE LETTER and do as you are told, dont assume

masatoi

Just to note that I went to the local court today to post all the documents in the box.

I will prepare for the hearing next week!

masatoi

Hello,

Just wanted to double check I can claim costs after the cases are settled in my favour according to this post?

https://forums.moneysavingexpert.com/discussion/comment/72966188#Comment_72966188


I'm a bit confused if I need to prepare DEFENDANT'S SCHEDULE OF COSTS and take it to hearing or I can claim the costs later on (i.e. few days after hearing).

To be honest I don't mind if I missed claiming expenses so long as I win the 2 cases as I'm having the busiest time at work at the moment. It's better for me if I could claim costs later on.

Thank you

Coupon-mad

You submit your Costs Schedule to the court and the Claimant a couple of days before the trial, as the NEWBIES thread tells you in the section about costs schedules.

masatoi

Hello

I failed on both cases. :mad: Gladstone sent a representative.

The hearing started with the 2nd case,

--- 2nd case ---

The name showed in the lease I submitted as exhibits was my previous owner. I submitted my land registry as a proof that the current lease holder is myself.

But the representative pointed out that there is a paragraph saying that

"The Tenant may assign its interest in the Space provided that contemporaneously with the assignment the Tenant shall procure that:
the Assignee enters into a separate deed of direct covenant with the Management Company in the form set out in the Second schedule."

Then I was asked by the judge to show the signed deed but I couldn't find it.

The judge said "You failed to show the sign deed under your name so you can't defence as a lease holder".

I was told that my defence failed.

But for this case I didn't admitted that I was the driver. I said this point to the judge but I was asked that " Did you notice that you weren't the diver in 82 days" and I said No.

So that was the end of this case.

--- 1st case --

Although I showed the Land registry because I didn't show the signed deed (second schedule) mentioned above,

For the same reason I was told I failed.

---

On the way home I was asking myself that the Claimant "UKCPM" isn't the Management Company stated in the Lease.
They are only the contractor they are not stated in the Lease but why are they using the Lease as their legal basis?

Although I didn't admit I was the driver why the judge assume that I'm liable to the ticket?

---

I will receive a letter from the judge soon. Should I pay whatever says in the letter?

Thank you

Umkomaas

Sorry to hear of your experience today.

I will receive a letter from the judge soon. Should I pay whatever says in the letter?

That's what is now required to avoid an unsatisfied CCJ, trashing your credit rating for the next 6 years. Ensure it's paid within the timescale given by the Judge.

So sorry.

masatoi

Hi, Umkomaas

Ok so there is no way I could challenge this result although I didn't admit I was the driver for one of the cases?

Also UKCPM used the Lease as their legal basis but they are not in the Lease. The management company in the lease contracted UKCPM.

I don't understand on what legal basis they can force me or the residents to pay whatever they ask.

I'm not convinced with the outcome.