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

one_cruzer

bargepole wrote: »

I disagree.

The OP filed a Defence which was utter garbage, and then failed to comply with the Court's directions for filing and serving a WS.

He then turned up for the hearing, as he should have done given that he was advised to do so by the court staff. But he then failed to inform the Judge at the outset, that he had received a late NOD from the Claimant, which had not been received by the Court in time to vacate the hearing.

His argument should have been that the Claimant had acted unreasonably by filing an NOD too late to prevent the hearing from remaining in the daily listing.

But, as with every other aspect of this case, anything he could do wrong, he did do wrong.

I don't understand how the Judge could be siding with the claimant and think anywhere near they have reasonable especially with the NOD. Has anyone appealed this decision or know what the process is to get costs?


I haven't received anything in writing from the court, which I would normally expect considering they are quick on the ball to get the fees

one_cruzer

I'm thinking about sending a letter to the court and judge and send in a defendants cost application. This way it's on paper and in front of the courts and the judge. It will also spell out and define the reasons and the behaviour of the claimant in which I will write in the letter for the claim to be stricken out

The_Deep

bargepole wrote: »

I disagree.

The OP filed a Defence which was utter garbage, and then failed to comply with the Court's directions for filing and serving a WS.

He then turned up for the hearing, as he should have done given that he was advised to do so by the court staff. But he then failed to inform the Judge at the outset, that he had received a late NOD from the Claimant, which had not been received by the Court in time to vacate the hearing.

His argument should have been that the Claimant had acted unreasonably by filing an NOD too late to prevent the hearing from remaining in the daily listing.

But, as with every other aspect of this case, anything he could do wrong, he did do wrong.

That is all very well for you to say that, you have been indoctrinated with legal protocol, CPRs, court manners etc., for years. I have been at the sharp end, and I can tell you that members of the public can be incredibly stupid.

There was the chap I sorted out in Houston, he picked up a lady, took her to his flat and woke up the next morning with a headache and an empty flat. The girl, also in Houston, who lost five passports in bars, I refused to authorise a sixth. Then there was the American citizen who had lived in the UK for thirty years. He went to the USA, stayed 3 years, a year longer than he should , and I had no option but to refuse a visa for him to return to the UK. Not to mention all the Brits who went travelled abroad without sufficient insurance.

Coupon-mad

Just seen this one and at least a win is a win (just)! Another one bites the dust! :T

I agree with bargepole, let it lie and consider yourself lucky because you also failed to comply with clear court directions about the WS/evidence, and dodged a bullet if you'd had to rely only on your initial defence.

The Judge was wrong to refuse costs outright ''due to it being a small claim'' but you were right to attend and wave the NoD, otherwise the daft Judge wouldn't have ever known they had discontinued and might have been minded to find in the scammers' favour. I can't see a letter changing a Judge's mind about costs.

Which court was this, please, sounds like a Judge to beware of, if he doesn't allow any costs.

one_cruzer

Thanks for your help

KeithP

Coupon-mad asked which court.

Surely you can tell us that?

We don't ask a lot from out customers.

one_cruzer

KeithP wrote: »

Coupon-mad asked which court.

Surely you can tell us that?

We don't ask a lot from out customers.

Apologies - Dudley County Court


I'll get the court documents and share the Judge's name as well