Gladstones Letter Before Claim

KeithP

deedot wrote: »

I was thinking to email to CCBC@Justice.gov.uk and
enquiries@gladstonessolicitors.co.uk respectively.

For the CCBC, use the same email address that you used for your Defence - CCBCAQ@Justice.gov.uk

The Gladstone one is fine.

deedot

Update: I have a court date, being 7 November.

What should I provide as evidence including the minimums shown in the FAQ thread?

They have until 4 October to pay the trial fees - I assume this will be paid and the court is going ahead.

Thanks!

Coupon-mad

You need your WS, evidence and costs schedule, as seen in every current claim thread. Read LOADS, do not stay on this little thread.

nosferatu1001

Indeed, the NEBWIES thread on page 2 has exactly what you need to do
Nothing is a shock to you, or shouldn't be, because that thread is very clear.

As C-M says, you must get out of here and read, read, read.

deedot

So here's a draft of my witness statement and costs schedule which I will provide in the next few days to the court and BW Legal based on Bargepole's post.

Witness statement

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Link Parking Limited (Claimant)
and
Deedot (Defendant)

---

Witness Statement

---

1. I am Deedot, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I am a leaseholder of XX House on XX Park, and attach evidence of ownership as Exhibit A.

3. On [DATE], I returned home, and parked my vehicle (registration no XXXXX) in the gated residents only car park.

4. Leaseholders are allocated a parking space as per the lease which the leaseholder can use. Within the lease agreement, there is no wording which states that the use of a permit is required in order to use the allocated space. Evidence of this is contained in the lease and attached as Exhibit B.

5. Since receipt of the parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

6. It is my position that the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

Costs schedule

In the County Court at vvvvvvvvvvv
Claim No.: vvvvvvvvv
Between
Link Paring Ltd (Claimant)
and
Deedot (Defendant)

DEFENDANT'S SCHEDULE OF COSTS

Ordinary Costs
Loss of leave, incurred through attendance at Court 07/11/2019 £146.00
Return mileage from home address to Court (e.g. 11 miles x £0.45) £4.95
Parking near Court £5.00

Sub-total £155.95

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £20 per hour) £60.00

Stationery, printing, photocopying and postage: £15.00

Sub-total £75.00

£ 230.95 TOTAL COSTS CLAIMED


Below are things I am planning to provide in my evidence:

• a copy of the Beavis case sign as a comparison
• a copy of all correspondence made between me and Link Parking
• a copy of my lease agreement
• case transcripts for Jopson v Home Guard and PACE v Mr N
• a map showing where I parked and where the parking charge notice states I parked to show the difference in location and road

How's this look?
Thanks,
Deedot.

Le_Kirk

I would add to the beginning of your WS "this is my witness statement in support of my defence as already filed."

deedot

Le_Kirk wrote: »

I would add to the beginning of your WS "this is my witness statement in support of my defence as already filed."

Okay thanks.
I will include that at the start.

Seeing as there is no other feedback I assume everything else is good and I will send this across to the court and claimant now.

Do I need to provide physical copies as well as electronic? I was planning to just email these.

Thanks,
Deedot.

Umkomaas

Do I need to provide physical copies as well as electronic? I was planning to just email these.

Please do read the advice in the NEWBIES FAQ sticky, post #2 about how to bundle and deliver your WS to the court. Submission to the claimant should follow the protocol already utilised in corresponding with them since the receipt of their court claim.

Coupon-mad

Don't email to the CCBC; they are a central processing point, no longer involved.

deedot

Thanks guys.

I have just received the witness statement sent by Gladstones on behalf of Link Parking:

- They state that I have lodged a template Defence heavily circulated on the internet and not specific to the case
- They state that my residency is irrelevant to the claim
- They state that the manner in which I have parked forms the crux of the case - the terms and conditions for the use of the land are clear and applies to all users including residents
- I have stated I am allocated space PXX but the bay is marked BXX and therefore they state I have parked in the wrong space - I can't actually dispute this because the bay is marked BXX but on the lease it says PXX (being the plot number) but the map on the lease clearly shows the space
- They have referred to case Alder V Moore (1961) re agreement's substance over form
- They have also referred to Parking Eye's case
- They state I am in breach of contract due to not paying within 28 days