Claim Form for UK Car Park Management / Gladstones

DoaM

Do Gladrags accept legal documents served by email? (If not then you'll need to post them a copy anyway - get a free Certificate of Posting from the PO; no need for recorded/signed-for).

wilsonf1

DoaM wrote: »

Do Gladrags accept legal documents served by email? (If not then you'll need to post them a copy anyway - get a free Certificate of Posting from the PO; no need for recorded/signed-for).

I thought the person on the phone at the court said I could email the court my documents and the defendant. I've used the email address on their website and have received an auto reply. So it has been delivered! I also did this for my DQ.

Redx

Not the DQ

The DQ went to the CCBC in Northampton , a government office , not a court

Standard procedures are papers to court and claimant , especially as courts usually have printing limits and onerous print charges

The correct option is to drop a paperwork bundle off , in person , to your local court

Emails to claimant are by consent only , so usually posted with free certificate of posting from the P O Counter

wilsonf1

I appreciate the reply. However I did speak to the court over the phone and I asked if I could bring the WS in person and they gave me the courts email address and said to do the same to Gladstones.

On the basis I've emailed mine to Gladstones and it doesn't look like I'll receive one from them more than 14 days from the case being heard, is that a point to raise on the day?

Redx

it can be raised, to see if the judge bites, but they may only do so if its very late or not filed, judges have a large leeway in order to get to the bottom of the matter

if the court said email was fine , you should have asked if they have printing limits or charge if over a certain limit, because most do, so I suppose it depends how big your bundle was

I spoke to a paralegal the other day who will be CILEX qualified in 2 months time , she told me the courts and solicitors still use mountains of paper "and probably because its always been that way"

she also told me that Insurance companies are even worse, as I recently found out with the Prudential , who are obsessed with paper and royal mail

wilsonf1

Good evening.

My court hearing is on Tuesday 7th. Today I received a W.S. from Gladstones. I’d like to detail some of the observations from it and see what I can use in my case next week. As ever, so, so greateful to everyone that replies and chips in. So….

1. It’s dated 30th December which is 9 days before the case. So they didn’t get it to me more than 14 days before. Is that a bone I can pick straight away on the 7th? I emailed mine 15 days before the case to them and the courts as instructed by the court. I did get an auto reply from Gladstones so it was received in time.


2. The covering letter states “The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.” I have Googled this statement ands found some posts on here regarding it. I know I still have to turn up and just go through my W.S. and evidence as usual. So it sounds like it’s 50/50 whether someone for Gladstones will actually be there?


3. Their costs have been detailed as:

PCN: £100

Debt Recovery: £60 (an unjustified amount?)

Fixed Costs: £50

Issue fee: £25

Hearing fee: £25

Interest: £11.30


4. The W.S. is by “Jack Chapman” - now from looking through the forum (and shifting through the posts LOOKING for the posts about J.C.!), I realise this is effectively a fictional person and he won’t be attending the hearing. Is that the only point to be made here during the case. That the W.S. isn’t written by the person who will be at the hearing. If so, how is that affected if NOBODY from G.S’s turns up?


5. They have specified that my defence is a generic internet defence, that is is highly doubtful the Defendant would understand the complexities of all the references to the Civil Procedure Rules, the requirements in the POFA and ion established case law. Everything I have outlined is not accepted by Gladstones. Ermmm… help?!


6. They claim their signs are audited by IPC and I have no basis to question the signage/lighting/font size.
 I will strongly disagree with this of course.

7. They say the Defendant makes multiple inferences that this case is distinguishable from the Beavis case. It is not their company’s view that is true, referring to para 52 of Beavis.


8. They have included their CPM contract, site maps etc.


Really appreciate your replies! :beer:

KeithP

wilsonf1 wrote: »

My court hearing is on Tuesday 7th. Today I received a W.S. from Gladstones.

You are telling us that the Claimant served their Witness Statement on you just five days - or only two working days - before the hearing?

That is seriously late and must be brought to the Court's attention at the start of the hearing.

Redx

I doubt that the claimant or Gladstone's will be there , Gladstone's are rarely if ever there , the fictitious witness won't be there either

But they may send a jobbing para legal or solicitor from LPC law or Some legal or whoever , so somebody may turn up , Ill prepared and getting paid win or lose

Yes you can put in your supplementary stuff in tomorrow , don't wait until the hearing , adding a note that it's because theirs was late , so asking for theirs to be struck or yours to be heard too

No ambushes on the Day

Coupon-mad

1. It’s dated 30th December which is 9 days before the case. So they didn’t get it to me more than 14 days before. Is that a bone I can pick straight away on the 7th?

Yep. The Judge should be interested and you need to describe this as unreasonable conduct from a legally represented party, when you managed to meet the deadlines and can prove it.

I emailed mine 15 days before the case to them and the courts as instructed by the court. I did get an auto reply from Gladstones so it was received in time

Print off that auto-reply and put a copy in your file for court, to prove you served yours in time.

I know I still have to turn up and just go through my W.S. and evidence as usual. So it sounds like it’s 50/50 whether someone for Gladstones will actually be there?

Nope, NO-ONE from Gladstones is ever there. They send a 3rd party rep from Elms Legal.

Debt Recovery: £60 (an unjustified amount?)

You know it is not just unjustified but completely false, double recovery, an abuse of process and unrecoverable in law. As per CEC16's thread.

Hopefully you appended to your WS, the CRA 2015, the POFA & the 3 Beavis quotes?

4. The W.S. is by “Jack Chapman” - now from looking through the forum (and shifting through the posts LOOKING for the posts about J.C.!), I realise this is effectively a fictional person and he won’t be attending the hearing. Is that the only point to be made here during the case. That the W.S. isn’t written by the person who will be at the hearing.

You need to read the post by bargepole about Jack Chapman as I think he explained what he wrote to the SRA. Then you need to add your own complaint to the SRA, please, copying all the others and show the SRA your WS from Gladstones. PLease do that this weekend as they are actively investigating and we NEED more examples emailed to the person at the SRA as per the other threads.

At your hearing, say what bargepole said about Jack Chapman's signature (you cannot assume he is fictional - I believe he is NOT, and that is not what we are saying). Bargepole posted about how he broached this in court with a Judge, a while back.

They have specified that my defence is a generic internet defence, that is is highly doubtful the Defendant would understand the complexities of all the references to the Civil Procedure Rules, the requirements in the POFA and ion established case law. Everything I have outlined is not accepted by Gladstones. Ermmm… help?

No need. That is just noise. Same as ever, and I am a bit surprised you were not expecting this usual rubbish:

https://forums.moneysavingexpert.com/discussion/5986269/euro-parking-services-ltd-gladstone-solicitors-county-court-claim-help-needed-please

wilsonf1

KeithP wrote: »

You are telling us that the Claimant served their Witness Statement on you just five days - or only two working days - before the hearing?

That is seriously late and must be brought to the Court's attention at the start of the hearing.

100% dated 30th December and in todays post.

The length and detail of their W.S. is quite intimidating, but I guess it's meant to be! I really hope my points are enough.