Gladstones Defence required Urgent

monkeynuts45

I have just spoken to the court and Gladstones have rung them this morning to ensure the case is vacated. Question is do i not travel down to try my hand, I have done the prep.....

nosferatu1001

You didnt have notice until after 4pm, so it was not served until today, and you can assume the court still has it listed

I would travel anyway and make it bloody clear to the judge how badly Gladstones have messed the court and you around.

monkeynuts45

[FONT=&quot]Right i went to court and had my 20mins with the Judge, outcome was 481.40 awarded for costs, not my entire cost schedule but it’s certainly better than a kick in the teeth. [/FONT]
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[FONT=&quot]Special thanks to coupon mad, as i pretty much used everything you outlined to me. The judge was not very happy with the time frame on either the WS or the discontinuation. [/FONT]
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[FONT=&quot]Was hoping he would award me my full loss of earnings, but he awarded me my mileage, the £95 for loss of earnings and a portion of my preparation. [/FONT]

Redx

Excellent result , brilliant due to them playing fast and loose with the system and now paying the price , because what's good for the goose is good for the gander

They threaten Court all the time , with CCJ and stuff mentioned , so a kick up their own backside with a role reversal sits well with me , well done and up yours Gladstone's and ES Parking

Another one bites the dust !!

beamerguy

Well done :beer:

Using the incompetent Gladstones was a very expensive mistake by ES Parking :rotfl:..... the courts must be laughing their heads off at the crazy Gladstones

Umkomaas

To be honest £481 is an unusually high amount. Well done on squeezing that much out.

On what basis did the Judge order more than the usual ~£110?

£95 is the maximum allowed for half a day's loss of earnings/annual leave.

monkeynuts45

I just outlined what coupon mad said and presented the statement below:


The Claimant has acted 'wholly unreasonably' whilst being legally represented and a serial litigator, but treating a member of the public like this:

- harassing me with debt demands of different amounts, for 2 years

- trying to claim a sum that they 'knew or should have known' was unrecoverable, given the POFA 4(5), the Beavis case 98,193 and 198, and the CRA 2015 para 6, 10 and 14 of the grey list in Schedule 2. Courts in Carnarfon, Southampton and Warwick have summarily struck cases out due to the added £60 alone.

- Not bothering with full particulars of claim, or sending a copy of the contract (sign) with the Letter before Claim, which is against the pre-action protocol for debt claims.

- not bothering to file & serve evidence or a WS until Wednesday 11th Dec last week, against the court's clear directions, as I should have had this Mon 2nd Dec

- asking for settlement on Friday 13th Dec by email at 15:30 with response by 4:00 required, which I did not see until the weekend when I was then in two minds what to do, because they appeared to have tried to discontinue but well after the court offices would have closed 16:39.

- thus, making me miss a day's work and causing me travel costs and distress to have to attend this hearing, when they had ample opportunity to discontinue when they saw my WS & evidence that I spent a minimum of 21 hours on, and £15 printing and postal costs, and which I filed & served in time.



Summary

The PPC has served a very late WS and then failed to discontinue in time for me to fairly see it and be sure the case hearing is vacated.

I reasonably conclude that I have little choice but to travel and sit in that waiting room till I see the Judge,
[FONT=&quot]And feel I have a valid an argument for ''costs on the indemnity basis to penalise their vexatious conduct and to send a message out to parking firms who think they can play fast and loose with the court process and consumer laws.''[/FONT]
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[FONT=&quot]Presented my cost schedual and he then went through that agreeing to what i could and could not claim.
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Umkomaas

Brilliant result. Very well done from me. Super outcome.

monkeynuts45

Brilliant result. Very well done from me. Super outcome.

Thanks, most of the acalade does goes to coupon mad and the rest of you guys on this forum, without such i would not have had the guidance to formulate any of this.



I also just made sure i hade all the emails printed and and post mark of the WS to prove, plus the rest of my pack in case the judge wanted to review anything.

Blazkowicz

Hi monkeynuts45 - well done for the win! I am writing a witness statement right now and wanted to clarify - when you added Coupon Mad's #14 section to your WS - did you add it as an exhibit, or cut and paste the wording into your actual WS? If it was an exhibit - how did you refer to it in your WS?