Gladstone solicitors letter

IainR2

Coupon-mad wrote: »

Promissory estoppel is nothing to do with any promise or conduct by you.

The homeless person may have been paid by the PPC to that. Nasty, if so. I agree with your thoughts here (there is no Z in 'realised'):


Don't say this:


Use words like entrapment.

Don't put the PCN in evidence! Remove all of this:


Put in as evidence instead:

- some images of the bays in evidence, plus

- the IPC Code of Practice pages about grace periods, and

- the transcript for Jopson v Homeguard which defines what constitutes PARKING as opposed to brief stopping for a 'minor vicissitude', and

- a copy of the Beavis case sign, next to a pic of UKCPM's dreadful small print sign.

Plus you need the Caernarfon and IOW judgments and the FULL WORDING I wrote in post #14 of the Abuse of Process thread by beamerguy.

I really appreciate your input so let me start by saying thank you. I will action all the points you made, but I just wanted to question the last point you made regarding "Caernarfon and IOW". Which I have now reviewed. My question comes about as I really wanted to keep the witness statement simple so the key points are clear. Does something this lengthy really belong in the witness statement or am I able to just reference the Southampton F0DP201T, case which I already did in my original defence? If I add in your very detailed explanation it will make my witness statement significantly bigger, and surely this poor judges have better things to do?

Coupon-mad

I take your point. Recently I've suggested people put it as a supplementary WS, signed & dated on a separate sheet about the fake costs. I think that looks neat and organised in your ring binder for court, and then you can refer to it in your main WS with a one liner.

Then, if at the trial you feel the Judge is not with you and is about to sum up, strike with your sheet about the costs on the claim being an abuse of process and trying to undermine and blatantly misuse the Beavis case which held that the costs were already more than covered in a 'parking charge'.

At least that is a sheet for damage limitation, to keep the considered sum at £100.

Apart from that, all your evidence needs a number and every page then has a number, then do a contents page or index, and include your costs schedule for a few hundred.

IainR2

I have another question and I apologise if it has already been covered somewhere else.
The Allocation to the small claims track letter from the court makes it clear that I have Must send to the court and send to the other party or parties. But they do not make it clear how I do this or how I prove I have done it. Do I send it to Gladstones, UK Car Parking or both?

KeithP

Your County Court Claim Form has an address for the other party - in the box labelled:
Address for sending documents and payments

IainR2

KeithP wrote: »

Your County Court Claim Form has an address for the other party - in the box labelled:
Address for sending documents and payments

Thanks, didn't want to lose out on a technicality.

IainR2

My wife's court date has been delayed due to Covid-19, but Gladstones are pushing to have the ruling determined on paper. My wife would prefer this as she is nervous about the court proceeding. Does anyone have any advice on letting the court decide on paper without a hearing? I don't want to lose because we couldn't get our point across.. But everything is include in the witness statement, just concerned that they just glance over it..

beamerguy

IainR2 said:

My wife's court date has been delayed due to Covid-19, but Gladstones are pushing to have the ruling determined on paper. My wife would prefer this as she is nervous about the court proceeding. Does anyone have any advice on letting the court decide on paper without a hearing? I don't want to lose because we couldn't get our point across.. But everything is include in the witness statement, just concerned that they just glance over it..

Heard on papers is not good.  Of course you can say no.

You could advise the court that you do not want a paper hearing as you wish to question face to face, Gladstones and their addition of £60 which other courts strike out for abuse of process ??

At least this will now alert the judge to the scam

KeithP

...and when you write to the Court, as suggested by Beamerguy, don't forget to send a copy to the Claimant.

Coupon-mad

IainR2 said:

My wife's court date has been delayed due to Covid-19, but Gladstones are pushing to have the ruling determined on paper. My wife would prefer this as she is nervous about the court proceeding. Does anyone have any advice on letting the court decide on paper without a hearing? I don't want to lose because we couldn't get our point across.. But everything is include in the witness statement, just concerned that they just glance over it..

Nonononono!  She would NOT prefer to lose and be told to pay £250+ would she, which is what is FAR more likely if you play a game of 'papers v 'papers' against a solicitor firm that does 'papers' for a living every day! 

See what I mean? 

She needs to be heard, to expose the cracks in their evidence.

Court is OK, honestly.  I'm female, not legally qualified, and I go to court to speak for people.  Think of it as a face to face (or telephone) appeal buut with a clued-up Judge.  It;s a bit like having a meeting with a solicitor who is usually very kind, aware that the Defendant is scared, and just asks some questions and wants to get to the bottom of it.

The wording to use to REFUSE the hearing on the papers is in a reply I added to the TELEPHONE HEARINGS thread last month.  She MUST say no and I wrote the words to use.  

Le_Kirk

IainR2 said:

My wife's court date has been delayed due to Covid-19, but Gladstones are pushing to have the ruling determined on paper. My wife would prefer this as she is nervous about the court proceeding. Does anyone have any advice on letting the court decide on paper without a hearing? I don't want to lose because we couldn't get our point across.. But everything is include in the witness statement, just concerned that they just glance over it..

Here is a short video of what to expect in court: -
https://www.youtube.com/watch?v=n93eoaxhzpU
If you feel more confident than your wife, you could appear with her as her lay rep.  Ask Auntie Google about lay rep and McKenzie friend.