Court Claim - Gladstones/Gemini

erinbrockovich

Hey guys, I could use a quick review of my comment above if anybody has time?


Thanks

System

Looks good to go. Covers

1. Driver identification - the parties to any contract
2. Contract formation - unilateral via signs
3. Authority to operate
4. Add on costs.

Consider this stage as putting out hooks to hang more detailed arguments later at the Witness Statement stage. The main hooks are there.

Once you get it off to the court (copy Gladstones though you do not need to) work on Subject Access Requests to Gemini for signs/paperwork and Freedom of Information to the Trust for their contract if they have one. AFAIR they are at arms length so will have trouble proving authority - but contact the Trust for good measure.

And if you wish, though not needed, another hook. Put them to proof their signs were authorised/cleared by their Trade Association, the International Parking Community - and when.

KeithP

Now that you are ready to file your Defence, it should be filed via email as described here:

1) Print the Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

erinbrockovich

Hi All,

Just want to give you an update - I filed my defence with CCBC and completed the directions questionnaire when it arrived.

A few weeks passed before it was allocated to the small claims track...and a few days after that I received a notice of discontinuance from Gladstones for both claims!!

It's feels great to have fought this c.£500 charge and got them to back down. Of course I wouldn't have had the balls to take it this far without this forum so I would just like to say thanks to everybody.

Since it was allocated to the small claims track, am I right in thinking I'm not eligible to claim costs from the Claimant?

Thanks again
Matt

Umkomaas

I bet that's a relief for you just before Christmas. Monkey off your back.

Did you have a hearing date, and, if so, how close to that date did they discontinue?

You could, if you're up for it, do a bit of a role reversal and send Gemini a LBC asking for £x to cover your costs in having to deal with their unfounded charges. Thereafter, you could issue a MCOL (just like they did for you), for the amount claimed. For up to £300 would cost you £25. If they then go through the same hoops they forced you through and do all the work to defend themselves, you would get a default judgment in your favour for the amount claimed plus your £25 filing fee.

Share the lurve!

KeithP

No answer to your question @Umkomaas.

I guess the OP got all they wanted from this thread.

Umkomaas

KeithP said:

No answer to your question @Umkomaas.

I guess the OP got all they wanted from this thread.

Looks like. The world revolves around givers and takers!  I only try once. 🙂

erinbrockovich

Ooops.....to answer the question I didn't have a hearing date.

I've been pretty busy on social media helping people in my area to fight barrages of claims for this same car park. Quite successfully I should add. I'm just passing on the knowledge I got from you guys and I feel like that's the right thing to do..... I'm not passing on the saltiness tho..