Defence of County Court Claim Form for parking

Bigboppa

Just received another Gladstone's letter. I assume I just ignore this and wait to hear from the court myself.




Dear *****
RE: Our Client: HX Car Park Management Limited


We act for the Claimant and have notified the Court of our Clients intention to proceed with the claim.


Please find enclosed a copy of our Clients completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request special direction that the case be dealt with on the papers and without the need for an oral hearing.


This request is sought simply because the matter is in our Client's opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.


You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


Yours sincerely


Gladstones Solicitors

KeithP

You need to re-read Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread where you will find precise instructions on how to respond to that Gladstones letter which has been seen many many times before.

Bigboppa

1st Aug 18, 9:03 PM

You need to re-read Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread where you will find precise instructions on how to respond to that Gladstones letter which has been seen many many times before.

I have looked at Bargepole's walk through ( newbies #2) and cannot find anything specific regarding the letter I received from Gladstones. Basically the letter from them just states their intensions and has a copy of the directions questionnaire they will put to the Court. The Court has not yet requested the directions questionnaire from either party.


Should I just ignore the letter (post #22) ? or does it require a response.

System

Should I just ignore the letter (post #22) ? or does it require a response.

Yes and Yes. The second "yes" is because the court has written to both parties - you just haven't received your letter and the N180 form yet.

Umkomaas

Bigboppa wrote: »

1st Aug 18, 9:03 PM



I have looked at Bargepole's walk through ( newbies #2) and cannot find anything specific regarding the letter I received from Gladstones. Basically the letter from them just states their intensions and has a copy of the directions questionnaire they will put to the Court. The Court has not yet requested the directions questionnaire from either party.


Should I just ignore the letter (post #22) ? or does it require a response.

Did you miss this?

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

Bigboppa

Did you miss this?

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

Yes I read all that, its got loads of excellent info on, but not directly regarding my question.
However IamEmanresu has provided me with the answer I was looking for.

Thanks everyone, I will keep you updated on the events going forward.

KeithP

When you get your own DQ you will want to take note of this:

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)".

For clarity, that is a quote from the post that Umkomaas kindly supplied for you.

Bigboppa

Hi just an update


Directions Questionnaire submitted to County Court and a copy sent to Gladstones including the quote on #28


Thanks and I will keep you all posted.

Bigboppa

Hi again.
Just received the Notice of Allocation

The hearing will take place 22nd Jan 2019.

I think they may have sent me some incorrect info they should have sent to the parking company's solicitor.

" Please note the following information:
You MUST pay the hearing fee or your claim will be struck out. Please continue to read all the order for details of the hearing fee and when it needs to be paid by. The fee you initially paid was to issue the claim and is NOT the hearing fee."

Surely I don't have to pay as I am the Defendant.

System

Surely I don't have to pay as I am the Defendant.

Correct. It is for them to pay - on time or else. Worthwhile checking they do.