Gladstones Letter Before Claim Oct 2018 - How should I respond?

Coupon-mad

Yes, as an email attachment.

I would agree, put your wife down as witness and she can then attend with you and can speak from her own knowledge of how sparse the info was on signage.

StubbornGoat

Coupon-mad wrote: »

Yes, as an email attachment.

I would agree, put your wife down as witness and she can then attend with you and can speak from her own knowledge of how sparse the info was on signage.

I am about to send the email to GS....

Please find attached a copy my completed Directions Questionnaire, which will be filed with the court. You will note that I have opposed your request for special direction and insist that the case be dealt with an oral hearing. I have enough evidence and a strong defence that I am willing to go to court confident of a win. I will also be claiming for all my expenses when this is thrown out. I suggest that you inform your client of this.

Yours Faithfully


Too much?

KeithP

Too much.

"Please find enclosed my Directions Questionnaire" is ample.

They can read what's on it if they wish.

StubbornGoat

KeithP wrote: »

Too much.

"Please find enclosed my Directions Questionnaire" is ample.

They can read what's on it if they wish.

Fair enough. Maybe, I'm just hoping that they realise they can't/won't win, don't want to risk wasting time and money in fees/costs and close the case... but then again, it's probably too late for that anyway. Plus I am genuinely fine with fighting this in the court.

Redx

StubbornGoat wrote: »

Fair enough. Maybe, I'm just hoping that they realise they can't/won't win, don't want to risk losing money in fees and my costs and close the case and save a load of bother (travelling, court etc)... but then again, it's probably too late for that anyway. Plus I am genuinely fine with fighting this in the court.

GLADSTONES wont give a monkeys , they get paid win or lose by their client , so will take their clients instructions and carry them out , its why they do what they do , just like B W LEGAL and a few others


and the client could either not turn up, or not turn up and ask for it to be dealt with "on papers" instead, or send a lackey in their place (rent a legal eagle, possibly a local one by using a jobbing locum lawyer) - it is very unlikely that Gladrags will turn up

StubbornGoat

Redx wrote: »

or turn up and ask for it to be dealt with "on papers"

Sorry, what does this mean?

Redx

I have re edited it , a word was missing

StubbornGoat

I have read some new defences which I feel would strengthen my own. However mine has already been submitted. Can I add to my defence and bring to court?

The following points are strong...

* According to Ladak v DRC Locums UKEAT/0488/13/LA a Claimant can only recover the direct and provable costs of the time spent preparing the claim in a legal capacity, not any administration costs allegedly incurred by already remunerated administrative staff.

* The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100). This also depends upon the Claimant fully complying with the statute, including 'adequate notice' of the parking charge and prescribed documents served in time/with mandatory wording. It is submitted the claimant has failed on all counts and the Claimant is well aware their artificially inflated claim, as pleaded, constitutes double recovery.

* Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim. One was a BPA member serial Claimant (Britannia, using BW Legal's robo-claim model) and one an IPC member serial Claimant (UKCPM, using Gladstones' robo-claim model) yet the Order was identical in striking out both claims without a hearing: District Judge Taylor stated "IT IS ORDERED THAT The claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgement in ParkingEye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998…"

Or is it the case that now that my defence has already been submitted - that's that?

Thanks
SG

Umkomaas

Can I add to my defence and bring to court?

No, you can't drop things on the court/claimant previously unannounced at the hearing.

You can amend your current defence, but the claimant might object. It will also cost you a £255 court fee to add/alter.

You could try to slide some of these into your Witness Statement, but you need to be careful that it doesn't look like a Defence Mark 2. Your WS is your account of what happened on the day, plus any evidence you wish to show the court.

StubbornGoat

Umkomaas wrote: »

No, you can't drop things on the court/claimant previously unannounced at the hearing.

You can amend your current defence, but the claimant might object. It will also cost you a £255 court fee to add/alter.

You could try to slide some of these into your Witness Statement, but you need to be careful that it doesn't look like a Defence Mark 2. Your WS is your account of what happened on the day, plus any evidence you wish to show the court.

Thank you for your reply.

Also, I have seen many witness statements on here which seem to be rebutting the PCC Witness Statements.. .should I wait to receive theirs before I submit my own?

SG