URGENT Small Claims Court - Gladstone Solictors acting for EPS (Euro Parking Services Ltd)

KeithP

one_cruzer wrote: »

Do I still have to go to the hearing that is scheduled tomorrow?

Ring the court and ask them.

one_cruzer

KeithP wrote: »

Ring the court and ask them.

I've just spoken to the court and they've said that they haven't received any paperwork from the claimant. At present the hearing is still going ahead. Do I take my draft schedule of costs with me on the day tomorrow to show the Judge?

KeithP

one_cruzer wrote: »

I've just spoken to the court and they've said that they haven't received any paperwork from the claimant. At present the hearing is still going ahead. Do I take my draft schedule of costs with me on the day tomorrow to show the Judge?

You must turn up.

Yes of course you take your costs schedule with you - and everything else you were planning to take.
If the hearing takes place, you need to be prepared for it.

It is even more important that you ask for costs if they fail to turn up.

one_cruzer

Do I need a skeleton argument? I'm looking to prepare one

KeithP

one_cruzer wrote: »

Do I need a skeleton argument? I'm looking to prepare one

Entirely up to you - it's optional.

Surely you read that in the NEWBIES thread?

System

Here is a particularly good one to give you a start

https://forums.moneysavingexpert.com/showthread.php?t=5657438&page=8#151

KeithP

KeithP wrote: »

It is even more important that you ask for costs if they fail to turn up.

And whether they turn up or not, if the hearing goes ahead make sure you show the judge the letters/emails you have received stating that the case is discontinued.

In my opinion, that is beyond 'unreasonable behaviour' and borders on contempt of court.

Make sure your costs schedule takes that into account.
Maybe look again at Sassii's costs schedule:
www.keepandshare.com/doc16/21755/strick-out-cost-request-letter-docx-28k?da=y

beamerguy

one_cruzer

I loved the last few posts and those of KeithP.

Whatever happens Gladstones are on a LOSE-LOSE

Would love to see the judge's face when they either do not turn up or if they do, your confirmation of cancellation

'unreasonable behaviour' and borders on contempt of court.'

In your mind it's called complete incompetence

Enjoy yourself in court and don't forget your costs

Coupon-mad

Get yourself in there with a 4 figure costs schedule like sassii's, and a list blow by blow, of every failure and unreasonable conduct the claimant has been guilty of, from the predatory meritless PCN, to harassment with debt letters, to failure to comply with the Practice Direction and/or the PAP, to the woefully inadequte details on the Particulars, the (late? was it?) WS trying to ambush you with information not disclosed before, and written by someone who was NOT a witness at all - then discontinuing the day before the hearing and not telling the court, such that you had no choice but to turn up and miss a day's work and incur travel /parking costs.

If you get to court and the clerk says it is already discontinued that morning:

- stay there! Ask to have ten minutes with the Judge to consider a costs order on the indemnity basis, and go in and show proof of your costs and the list of unreasonable behaviour.

It's a high bar to meet (to get costs on the indemnity basis, like sassii did) so you have to lay it on thick and criticise everything the PPC has done to you.

one_cruzer

Went to the hearing today, Gladstones did not turn up and nor did Euro Parking Services. The judge carried on with the claim and I said I have a letter of discontinuance. I showed this to him and he said I should have showed him before at the start. He seemed to be in favour of the claimant and carried out to proceed the case as if the claimant was there until I mentioned the letter of discontinuance. I showed him my costs in details in which he replied this is a small claims court you can't claim costs and I showed the unreasonable behaviour and the judge rejected it and rejected my costs. The judge also said that I didn't need to attend the hearing as I had a letter of discontinuance from the claimant. I mentioned the courts said that I should still go if it hasn't been filed. Is it any worth pursuing this further and maybe appeal the judge's decision for costs?