Gladstone Solicitors Letter Before Claim (please help)

Zippy7

Hi all

Court date set for this Friday (6th Sept). I am feeling really stressed about the whole thing. As mentioned previously, I have autism with dyspraxia and will have to attend alone which is making me extremely nervous. The court letter says the hearing could take up to 90 minutes! Gemini's representatives have emailed me their defence full of the usual tactics of course but I can't feel overwhelmed and lost in all the legal jargon they have thrown at me. In short, I don't really know how I can defend myself.

In their defence, Gemini have responded to me (the defence form I sent to the court is shown earlier in the thread) saying I wasn't the driver by claiming I should have nominated the driver before these proceedings started under paragraph blah blah blah of the act. Well, if you weren't sending letters to my OLD address, I could have done!
They then go on to quote Elliott v Loake 1983 that the registered keeper of the vehicle may be assumed to be the driver unless they sufficiently rebut this. They also quote the Freedoms of Information Act 2012, I understand from my research that as they have complied with this act I've lost a pretty strong form of defence?
They then dispute my no contract formed argument by basically arguing well yes, we did form a contract. (HOW if I wasn't even driving??)
They counter-argue my insufficient signage by again, simply saying yes there was !! And then quote Parkingeye Vs Beavis and VCS Vs HM Revenue & Customs [2013]

All I have so far in my defence is that I have been to the site and taken photographs. It looks like an everyday residential street, the signage is abysmal (one small sign with leaves growing over it) so I shall show these to the judge. I certainly would have struggled to realise it was a pay and display site.
I understand from the Greenslade POPLA report I need to prove I know I wasn't driving on that day but I have absolutely nothing here, it's not like I was at hospital or anything. My father thinks it may have been him driving and this seems most likely as he was helping me to move (hence why they were sending letters to my old address, there is always a delay in the DVLA updating your details) as he recognises the street. Would it help if I got him to sign a witness statement? But isn't he then liable to pay?


Any help for what to say or bring would be much appreciated

Le_Kirk

Well your defence seems standard and OK, did you send or take a Witness Statement and evidence pack to the court once you were allocated your local court? The claimant will do everything they can to unsettle you so don't worry about that. Having put forward your defence, the judge will have read it and will lead you through the case, remember it is up to the claimant to prove their case.


This advice is usually posted by KeithP so here it is: -

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Zippy7

No I planned to take it on the day. As I say, so far it's just the photos I have taken and will print. Then I assume I just have to verbally assert my case.
The area I fear I will come unstuck on is the not driving defence, if the law says I need to prove I was elsewhere, that I sadly cannot do.

Thanks for the video, it was helpful

Le_Kirk

Are you saying you did NOT submit a WS to the court?

KeithP

You must, absolutely must, send your Witness Statement and evidence to the Court in the timescale they specified - usually 14 days before the hearing, but can be sooner.

Again, you must, absolutely must, send your Witness Statement and evidence to the Claimant in the timescale they specified - usually 14 days before the hearing, but can be sooner.

You have a letter from the court telling you that.

KeithP

Zippy7, you want to ask something please ask it on the open forum.

As you have found out, I am not able to accept Private Messages.

Zippy7

Ok Keith, thanks. Good to hear from you again

I completed the online form as we discussed on here through the money.gov site so they are aware of my defence as they have responded to my points. So yes, I do have a defence filed with the court (otherwise it wouldn't have gotten to this stage, I understand?) but I will be able to provide further evidence on the day yes?

KeithP

Zippy7 wrote: »

So yes, I do have a defence filed with the court (otherwise it wouldn't have gotten to this stage, I understand?) but I will be able to provide further evidence on the day yes?

Well of course you can do what you like on the day, but the Judge and Claimant [STRIKE]might well[/STRIKE] will certainly object to a Witness Statement and evidence being presented for the first time at a hearing and will be ruled as inadmissible.

There must be no surprises on the day.

Send a Witness Statement and evidence to the court and claimant now - before it really is too late - it may already be too late.

Zippy7

Oh. Well it's now Weds evening and the hearing is Friday.

I guess then in technical terms, I am f**ked.

Is it even worth going?

KeithP

I've given you my opinion - the words in bold above.

Do what you think best.