Court Claim - PCM (UK)/Gladstones

KeithP

Prepare yourself for the next event in the timetable by referring again to post #2 of the NEWBIES FAQ sticky thread.

Perhaps paying particular attention to Bargepole's summary of what happens when.

glosandy

Got it Keith, cheers.

glosandy

Update:
Gladstone's DQ received.

Here we go again...!

glosandy

Update:
Letter from Court received today, abridged version:

General Form of Judgement or Order - received today from the Court.

Before District Judge Singleton ...
Upon reading the court file,
IT IS ORDERED THAT:
The claim is stayed on the grounds that the Claimant's statement of case discloses no causes of action against the Defendant and the Claimant's statement of case discloses inadequate particulars of the claim. Unless by 4.00pm 20th September the Claimant files with the Court and serves a copy on the Defendant a further statement of case that discloses a cause of action against the Defendant and sets out full particulars of the claim the claim will stand struck out.
(Then stuff about FILE and SERVE, no standard form etc, statement of truth etc.)
The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

So... what's all this about?? Seems to me Gladstones have failed to supply sufficient information on their court documents, the Judge has had a quick read through, and thought "Don't waste my time!".

So, if we don't hear anything by end of play on the 20th, case dismissed? Is there anything we need to do in the meantime?

KeithP

glosandy wrote: »

Seems to me Gladstones have failed to supply sufficient information on their court documents, the Judge has had a quick read through, and thought "Don't waste my time!".

So, if we don't hear anything by end of play on the 20th, case dismissed? Is there anything we need to do in the meantime?

You seem to have summarised it quite well.

Nothing you need to do, except to prepare yourself, and be ready to answer, any revised Particulars that the Claimant might supply.

Coupon-mad

What's all this about?? Seems to me Gladstones have failed to supply sufficient information on their court documents, the Judge has had a quick read through, and thought "Don't waste my time!".

Indeed! We've seen this before.

Sometimes Gladstones get their act together in time, but plenty of times, they don't!

So we can say that if they do not file (to the court) and serve (to you) full and proper POC in time, then 'another one bites the dust' on this forum, and you have won!

If they serve something late, or do not serve you with anything in time, have a letter ready to wing its way to DJ Singleton, asking for the claim to be struck out as per the order, but ask also for a costs order on the 'indemnity basis' ( due to the wholly unreasonable and vexatious stance of a parking firm who filed a baseless claim after months of harassment, then failed to file & serve properly pleaded POC, despite using a Solicitor who shared Directors with the IPC parking firms Trade Body and should not be allowed to get away with treating LiPs like this.

These failures and the vexatious nature of this typical cut & paste 'one size fits all' parking charge robo-claim, with no checks being made about the facts to show that the Claimant has any claim in law, cannot be described as 'trivial' and as a result, sanctions should be imposed as per para 41 of Mitchell v. News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 WLR 795 which is re-iterated in para 24 of Denton v T H White Ltd [2014] EWCA Civ 906.

Include with your letter after 20th, an attached costs schedule to claim costs 'on the indemnity basis' for the wholly unreasonable and vexatious claim and conduct from start to finish (sum it up in bullet points, mention as well, that PCM were exposed on Watchdog as 'making it up most of the time' about handling people's appeals and rejecting them out of hand - and ask for your wasted costs/time at £19 per hr, the usual LiP rate).

If you don't ask, you won't get...most Judges might say no, but you ever know, with a Judge who is fed up and has clearly sussed the PPC scam claims he/she keeps seeing!

Which court was this please? We like to know where the good Judges are.



:T

glosandy

District Judge Singleton, County Court, Kimbrose Way, Gloucester.

Thanks for your words, they're reassuring. Not going to count my chickens quite yet, but thanks for the pointer regarding the letter, post 20th.

System

Not going to count my chickens quite yet

Don't. You'll just get a copy of a template WS that they would have sent anyway. The title will be changed from "WS" to "Particulars".

glosandy

Yep, you were right - Particulars received today. Looks pretty bog-standard to me, total cut & paste job.

Basically:
Sign = Contract
Driver accepted contract by parking
Driver failed to pay
Charges added
Defendant is Registered Keeper
POFA
"Notwithstanding the above, the Defendant was driving the Vehicle"
Claim for Interest
Claim for costs
Blah, blah, blah...
They've attached a copy of the standard sign in use - though it looks to me like it is a different version from the ones on site... I'll go and investigate tomorrow.

So now I assume we're waiting for the Notice of Allocation to arrive, and the Witness Statement to follow.

eva16006159

I'm in the same boat but not as far down the line, I've been through the appeals process and had a final reminder so I'm expecting the debt agency letters next. I was parking in the exact same location as you so if you want a picture of my car there and a subsequent one I took of another car, who's driver I warned, I can send it for your evidence.