Parking in own space - Gladstoned

Coupon-mad

No, they are running behind. Patience.

[Deleted User]

In Bargepole's 'What to Do, When' we have the following:

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)”.

No problem. However, Gladstones have sent a form titled 'Notice of Allocation to the Small Claims Track (no hearing)'. This is form N159. In addition to Bargepole's statement, does this form also have to be sent to the court (and Gladstones)?


Thanks.

KeithP

You want a hearing. Therefore a N159 form is not appropriate.

You do not have to do anything with any form the Claimant might send you. Just file it.

Coupon-mad

You could have simply Googled Gladstones without hearing N159 and found all the other times this has cropped up on here or other parking forums.

This happens every time - everything you are experiencing is all over forums.

[Deleted User]

This issue rumbles on and we now have a date for the hearing in August. However, the last-but-one communication came from the local county court to say that the allocation of the case is pending. Now we receive a notification that the case will be held in central London (80 miles away) as opposed the local court (15 miles away). Anyone had experience of this? We're using the MCOL website to ask if the hearing can be held at the local court. London is doable, but difficult. However, if that's what it takes - we'll be there.

Coupon-mad

Sounds like a mistake, unless you are a company Defendant? I didn't read back.

I would write with a copy of the Notice of Allocation to the London court and state that this is an error by the CCBC (don't call them 'MCOL') and London is not your local court, and that you have raised this with the CCBC. So the case is likely to be reallocated and so the D asks that any directions/hearing is put on hold due to this, rather than waste the court's time.

[Deleted User]

Coupon-mad wrote: »

Sounds like a mistake, unless you are a company Defendant? I didn't read back.

I would write with a copy of the Notice of Allocation to the London court and state that this is an error by the CCBC (don't call them 'MCOL') and London is not your local court, and that you have raised this with the CCBC. So the case is likely to be reallocated and so the D asks that any directions/hearing is put on hold due to this, rather than waste the court's time.

Thanks, will do as you suggest. We're not a company defendant.

[Deleted User]

An update - yes, it was a mistake. The case is now assigned to the correct local county court for the end of August. We are informed that copies of all documents we're planning to use in the case must be sent to the other party no less than 14 days before the case. Our documents will be a copy of the lease and photos of the signs. We're also looking at getting a statement from the property management company confirming that there was no signed agreement that a parking pass should be displayed in the vehicle. What do the scammers typically send to defendants?

Redx

Massive and overbearing templates, pictures, witness statements etc, enough guff to take out the Amazon rain forest, much of which is bluff and bluster with no real relevance

Coupon-mad

Search the forum, this time for Gladstones template witness statement or similar keywords (and always change the Advanced Search to 'show results as posts').

You will learn so much more from other cases, than asking us to recall an odd one.