Court Claim - has the Defendant blundered?

glosandy

Sorry just want to be clear now. The requirement to send the "documents intended to rely upon" are the Exhibit documents referenced in the Witness Statement? So, based on the draft above, a copy of:
MH1 - Copy of Doctor's Letter confirming illness
MH2 - Photos showing various hard landscaping surface materials
MH3 - Photo showing no raised kerb
MH4 - Photo showing same surface treatment in parking area
MH5 - Photo showing no road markings present
MH6 - Photo gallery showing 12 x different cars parked in this bay of a number of weeks
MH7 - Photos showing location of nearest signage
MH8 - Signage on site vs Beavis sign
MH9 - Photo's showing bay markings elsewhere in Whittle Square

All of this printed off, cover page with relevant ID, collated and bound, hand-delivered to the Court. Additional copy emailed to Gladstones. Worth posting a copy too?
Thanks.

Coupon-mad

Yes to the above - but no need to post to Gladstones. Print off a copy of the 'sent email' for taking on the day with your own hearing bundle copies of everything, in case they pretend they never had your evidence.

You can then prove they did, and move swiftly on, rather than struggle & have the case adjourned.

glosandy

So:

1 x set of documents sent to Gladstones today via post, proof of sending kept

1 x email sent to Gladstones now - got bounce back from the "litigation" and "administration" email addresses, but it looks like "enquiries@gladstonessolicitors.co.uk" worked OK. "Sent" email printed off as evidence.

1 x set of documents assembled in labelled ring binder ready to hand deliver to Court at 9am tomorrow.

glosandy

Arrived at the Court at 09:15 to be told I'd missed "the internal post", and was told to post it into the Court letterbox. This freaked me a bit, so I followed up with emailing the document to the Court, for which I received and email acknowledgement.

So, the first deadline has passed and hopefully I have met our obligations.

And guess what?

Nothing received from Gladstones yet....

glosandy

Update:
Gladstones WS received today, 3rd October. No evidence pack was received before the first deadline of 27th Sept, the WS has been received prior to the 11th October deadline.

QUESTION - is there any mileage in complaining about the missing evidence pack, either directly to the Court or in our WS still to be submitted?

Otherwise, their WS got a bit like this:
– Usual legal stuff
Their Defence:
– Photo evidence shows parked outside a marked bay. Mentions Defendant's declaration of illness, says this does not avoid the liability. Basically won't waive the fee on this occasion, open floodgates etc. They ask for strict proof regarding medical condition

QUESTION - we have a signed Doctor's letter confirming the illness etc. from March 2016, does this do the job?

– Parking charge is clearly advertised, Def chose to park, contract made etc. Says "evidence shows there were bays available, Def should have parked in those"
– Def admitted the charge and agreed to pay £60, Claimant rejected this. Lots of stuff about notifications, increased charges, expiring deadlines etc. Why didn't Def appeal etc.
– Signs are clear and unambiguous (LOL!). Not parked in "marked bay" etc.

The Current Debt
– 28 day breach of contract, damages etc
– Company is an accredited Operator of IPC = max charge £100
– Reasonable sum added of £60
– Whilst sign says "£100", failure to pay may incur extra costs
– Debt risen due to staff time spent, award as damages

Exhibits:
– Copy of Parking Contract: 1 x A4 side, on behalf of Rapleys LLP, Huntingdon as Managing Agent. Restrictions have a minor hand amendment.
– Copy of standard PCM sign
– Site plan of Whittle Square, showing enforcement signage
– Street View image of "entrance" to private land, and signage - pretty much demonstrates it's impossible to see/read, also shows various cars parked all over the shop (pavements etc.
– Street View picture of adjacent "lay-by" for designated parking - not related to area in question
– Street View picture of "access road" i.e. not marked bays, but bears no relation to area in question. Also shows inaccurate signage and various parking "contraventions"!!
– Most specific image to parking bay in question, indicated as "marked with different block paving". Deliberate use of image in the wet which shows the edging more clearly than if dry (in the condition in question)
– Another image showing white-lined marked bays in other areas, but still not related to area in question.
– Final image of "no parking" banners at rear of site - in no way related to the area in question!!
– DVLA response
– Copy of PCN from 22/08/2017
– Copy of PCN follow up from 27/09/2017
– Copy of online photo evidence, looks to be one image, digitally zoomed
– Copy of signage, then some blank pages
– Copy of Letter Before Claim

That's it...

Defendants WS to be submitted next week.

Coupon-mad

QUESTION - is there any mileage in complaining about the missing evidence pack, either directly to the Court or in our WS still to be submitted?

Yes I would do both when you add a photocopy of the GP's note to the evidence, as a supplementary 'notice of intention to use photo (in this case, photocopy) evidence' under CPR 33.6 (thanks to the clued-up contact of mine, who pointed this out to me after they recently used it in another case):

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33#33.6

Use of plans, photographs and models as evidence
(3) Unless the court orders otherwise the evidence shall not be receivable at a trial unless the party intending to put it in evidence has given notice to the other parties in accordance with this rule.

(4) Where the party intends to use the evidence as evidence of any fact then, except where paragraph (6) applies, he must give notice not later than the latest date for serving witness statements.

(5) He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if –

(a) there are not to be witness statements; or

(b) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.

They ask for strict proof regarding medical condition

So give a photocopy of it to the court and the C, under that CPR rule 'solely to disprove an allegation made in a WS'; then my understanding is, it can be produced at trial.

QUESTION - we have a signed Doctor's letter confirming the illness etc. from March 2016, does this do the job?

Yes as above, file a notice of intention to use it at trial, and put a covering letter pointing out that the C did not serve their 'evidence' until 3.10.18 which was AFTER they had the advantage of seeing yours first, and contrary to the deadline in the Order of the court.

You managed it so why should a Solicitor be allowed to break the rules/deadlines and gain an advantage on a Litigant in Person?

Search the forum for DENTON to find some good wording written, to crib from, talking about how this is not a trifling matter and the solicitor/Claimant made no application for relief from sanctions.

glosandy

UPDATE: WS delivered to Court, copy posted to Gladstones. Email copy sent to Court and to Gladstones as back-up.


Roll on the 13th November...

glosandy

UPDATE:
So, Court date is next Tuesday... And letter arrives today from Gladstones: "our Client is not able to attend the hearing... request that their attendance be excused... hearing conducted in their absence... Court informed... asked Court to decide based on evidence"

I take it this still means we're going ahead?

I had planned to get a skeleton argument and summary of costs drafted tonight.

Coupon-mad

Yes it's still going ahead but they won't be there, so the stage will be yours...which doesn't mean the Judge won't consider their evidence.

It is your job to shoot it down!

glosandy

Thanks. Assume they will still have representation - some rent-a-lawyer type?

In terms of the skeleton & costs, I take it these need to be sent to the Court and Gladstones at least 24hrs before the Court date?