Gladstones Claim Form - is contesting worth the risk?

Coupon-mad

I've modified the WS as posted above by removing all references to the Beavis case as all the more recent posts I read suggest it's no longer valid to use.

Errrm, what? It is VITAL to distinguish any PPC case from Beavis!

I don't reference the legal cases in the WS that I did in my SoD so I'm not sure if I am supposed to include the SoD with the referenced cases in the bundle I deliver to court.

You must reference them by exhibit number.

Like you see in the example WS in the NEWBIES thread. You can't mention case law in the defence then not bother to put it in as evidence.

BonzoGonzales

oh ok - I'll reinstate the Beavis references.

I am confused by the WS v SoD. The post above advised the WS is not a legal argument so I did not include the case references I used in the SoD.

Am i supposed to include the SoD and case law samples with the bundle that includes the WS?

I have read much of the NEWBIE thread but don't have a clear understanding of how the SoD and WS are related.

Coupon-mad

Am i supposed to include the SoD and case law samples with the bundle that includes the WS?

Not the Defence, no.

BonzoGonzales

Ok - so I won't add the cases referenced in the SoD to the WS and will reinstate the Beavis reference which I will then need to add a copy of that as evidence.

Which beavis case reference should I use from the Parking Prankster case law page? - there are 4 cases listed including the supreme court hearing which Beavis lost by the look of it.

Apologies if I am asking stupid questions - there is a huge amount of info in those threads and it's not easy to pick a path through it all.

Coupon-mad

Ok - so I won't add the cases referenced in the SoD to the WS and will reinstate the Beavis reference which I will then need to add a copy of that as evidence.

That is not what I said! I said you don't attach THE DEFENCE.

You DO NOT need to attach Beavis, but I said about your other cases mentioned in the defence, that you DO need to attach them:

You must reference them by exhibit number.

Like you see in the example WS in the NEWBIES thread. You can't mention case law in the defence then not bother to put it in as evidence.

Which beavis case reference should I use from the Parking Prankster case law page? - there are 4 cases listed including the supreme court hearing which Beavis lost by the look of it.

Of course he lost, it's common knowledge the case was lost in the Supreme court.

Why not search the forum for Witness Statement Beavis is distinguished and see how others have already done this?

BonzoGonzales

I reworked the WS reinstating the Beavis case - my mistake was not realising that its relevance was to show why it didn't apply.

I sent the WS registered delivery to Gladstones to arrive on the 19th and delivered it to the court on the same day (in a ring-binder).

The court General Form of Judgement or Order stipulated that the WS had to be received by the 20th.
It's now the 22nd and I have not received the WS from Gladstones.

Does the fact that Gladstones have failed to comply have any value for me? Should I inform the court somehow to gain an advantage or even to get the case struck out?

Thanks
Matt

Coupon-mad

It's now the 22nd and I have not received the WS from Gladstones.

Does the fact that Gladstones have failed to comply have any value for me?

Yes (potentially) in higher costs, when you win. Explained here:

https://forums.moneysavingexpert.com/discussion/comment/75941271#Comment_75941271

I really wish more posters here would go to town on listing the unreasonable conduct and push for hundreds of pounds in costs on the indemnity basis as shown in Sassii's thread (he got four figures) and the more recent thread linked in the link above, where the poster got over £700.

Le_Kirk

BonzoGonzales wrote: »

I sent the WS registered delivery to Gladstones to arrive on the 19th .......

Has it been signed for? Do you have proof of delivery or did Gladstones refuse to sign for it and have proof of non-delivery? It is always recommended on the forum to use First Class post from a Post Office counter and get a proof of posting.

BonzoGonzales

Yes it was signed for by Gladstones on the 19th - there's a Post Office page with the image of the signature (although it says Gladstines).
I also have the Post Office receipt for the package.

Can I write to the court informing them of Gladstone's non-compliance and asking the case to be struck off?

Coupon-mad

Yes you can.

Then as I said, if that doesn't happen then slap them for higher costs at the hearing:

Explained here:

https://forums.moneysavingexpert.com/discussion/comment/75941271#Comment_75941271

I really wish more posters here would go to town on listing the unreasonable conduct and push for hundreds of pounds in costs on the indemnity basis as shown in Sassii's thread (he got four figures) and the more recent thread linked in the link above, where the poster got over £700.

A bit of preparation listing their unreasonable conduct can earn hundreds.