OK whats my next move?

Coupon-mad

That's unreadable due to copy/pasting.

But why not make it MUCH shorter this time, no waffle?

sparkyhx

hmm - tis a bit - let me tidy it up

sparkyhx

tidied up in-situ

sparkyhx

OK - Now received "Claim Form" from Gladstones and for Northampton CC - can this be moved to a closer location? - don't fancy a day out in Northampton even if it would mean a trip to all the shoe factory outlets.


That's my first question, if it can be moved, how do I go about that?


Secondly, up to now I have been acting on behalf of my wife who is the registered keeper. neither of us have admitted to being the driver, but there is NO Way my wife can attend court. What options do I have - can she proxy me?


I'm currently reading the defence statement stuff and the main crux to the 'Grace Period Exceeded' will be 'waiting for parking space', paid for a ticket exceeding time actually parked.
Secondly conflicting and inadequate signage - one sign says full terms and conditions by P&D machines and the P&D machines sign mentions nothing about the grace period - it just says buy ticket after PARKING' which was done. Waiting for a space is not parking (according to some case law)


In addition to the above all the procedural 'sh*te' and lack of response for evidence from Gladstones HX Parking on any of the substantive questions asked of them.


I see from other posts - don t lead with the procedural stuff, stick to the above order - any other tips at this stage.


Lastly - do I start a new thread for the CC bit or continue with this?


Cheers for looking


Sparkyhx

Quentin

If this goes to a hearing it will be at your chosen court

If it's impossible for the defendant to attend Court she can ask for the matter to be dealt with on papers

The defendant only should be sending the defence in, not you

Keep everything in this thread

sparkyhx

Thanks for the reply Quentin


everything is coming from her at present, its just I am doing the writing and investigation. - so


If its done on Papers does that prejudice the case in any way?, Does nobody attend in person in that instance?. As its me who has done all the work defending the claim I would prefer it to be me if anyone attends




She is self employed so would cost her a fortune to attend, whereas I get holiday pay, and TBH - I expected everything to go away by now - but it appears Gladstones are persistent b*ggers.


Of course if someone could just remember who was driving that day that would be helpful. I understand that would reset the clock back to the start of the whole process and the person in question would have to start defending the claim and could attend court if necessary. Unfortunately this would also have the added effect of costing Gladstones even more, that would be a pity. However that means the 'illegality' of them assuming to pursue the registered keeper couldn't be used.

Fruitcake

I believe you can act as a lay rep on behalf of your wife, but she would still have to attend and may be asked questions.

We don't normally recommend a hearing on papers as it means you cannot counter anything the scammers say in court, but it is possible to do this. Unfortunately I think this may reduce your chances of winning.

As far as I know, small claims court is the judge in smart clothes, no wig and gown, the claimant and the defendant, and a court recorder, normally all in a bog standard room, not a court like you see on the telly.
Each takes it in turns to speak, and the judge asks questions, then makes a decision at the end.
Nothing traumatic about it. No worse than a job interview certainly.

sparkyhx

Thanks Fruitcake - I thought as much re- prejudice the case - probably best to keep the defence simple and to the point - bought a ticket, signs misleading and contradictory and not rely too much on technical and procedural defences


I'll start drafting

KeithP

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Quentin

She needs to decide whether her lost income through attending court is going to be cost effective whatever the outcome.

If she wins she can claim for lost earnings which is capped at just £95

Thus even if a win means she's down a considerable sum then common sense should prevail over trying for a win by way of a hearing on papers.