Parking in own space: issued with claim despite previously winning at County Court

UKCPM_Suck

Thanks Umkomaas that's helpful.

Gladstones have assumed I am a tenant despite providing a copy of my leasehold. They said it proved nothing because it wasn't signed. It was too onerous to provide a signed copy (I don't have one) but I can provide a copy of the Land Registry Title. I didn't include this in my bundle (the land registry title), can I submit this late?

Gladstones sent me their statement 7 days prior to the hearing, so they failed to follow the CPR directions. Can I get this struck out?

They are so rubbish!

Coupon-mad

I can provide a copy of the Land Registry Title. I didn't include this in my bundle (the land registry title), can I submit this late?

Just take it with you.

Gladstones sent me their statement 7 days prior to the hearing, so they failed to follow the CPR directions. Can I get this struck out?

Well you may win the case and can then use their conduct against them to claim 3 figures in costs, by reeling off a pre-prepared list of all their unreasonabe conduct in litigation (lateness of th WS which was an ambush and should be disregarded, sparse particulars of claim, no evidence or info until the very late WS, nothing accompanied the LBC, no photos etc. until a week before the hearing and after you'd sbmitted your WS, giving you no chance to respond, not bothering to address but the claims that have been consolidated, assuming you were a tenant, not reading the evidence properly and trying to gain pecuniary advantage over a leaseholder with rights and title in the land... etc.).

Have you sent the court & Solciitors your costs schedule set out with 2 headings:

Ordinary costs for attending the hearing, plus separately, your other costs claimed on the indemnity basis. Search the forum, money hangs on getting this right!

nosferatu1001

Inded
I presume your WS is also filed with Gladstones and withj the court - which you took in IN PERSON so you know they have it?

UKCPM_Suck

Yes sent recorded delivery, I have the proof both court and claimant have received the WS.

Coupon-mad

And costs schedule?

UKCPM_Suck

So I’ve now had the following from Gladstones in relation to the second ticket being contested. They only submitted a WS for the first charge, and did so 7 days late, and now have sent me this in relation to the second charge? I will still need to turn up at Court but any advice on how to respond to this? What a shambles!

Without Prejudice Save as to Costs

Our Client has instructed us to contact you in relation to the above matter.

Our Client has agreed to cease proceedings with both parties walking away from the Claim and bearing their own costs.

This decision has been made for purely commercial reasons, in an attempt to save time and costs for both parties.

Please confirm by xxx on xxx if you wish to agree to the above by contacting xxx@gladstonessolicitors.co.uk and the relevant documentation will be served upon you and filed with the Court.

UKCPM_Suck

Yes submitted but need to double check as done in a rush! Will revert...

Coupon-mad

It is a 'drop hands' offer because they realise they mucked up. Have they given you a deadline to respond? If it were me I would wait till the last day then say ''no, both cases are due to be heard at one hearing, you have been informed about that, and since your client has failed to file & serve any WS & evidence for this claim, then I will be seeking my full costs on the indemnity basis.''

How much did you put in the costs schedule and did you add indemnity costs?

If not then add a second page now and add it as an attachment to the reply you send Gs, on the LAST day at 4pm, that they said this 'offer' was open for.

UKCPM_Suck

I've prepared a cost schedule following advice/ links I was given last week.

I've claimed ordinary costs covering loss of earnings, mileage and parking; and further costs for claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)g.

This includes costs for research at litigant in person rate of £19 per hour and costs for stationary, printing and photocopying.

Several hundred pounds all in but I'm not sure Judge will agree to this and loss of earnings is above the £95 threshold, so I guess I'll get knocked down to that if I'm lucky?

KeithP

Yes, you costs will get knocked down to ~£100 unless you can robustly demonstrate the Claimant's unreasonableness.