Gladstones - Court Defence Review

Coupon-mad

I've viewed forums from ~2007 (I think) and they mention Rights of audience - is this still a valid question to be putting forward in these cases with Gladstones?

I tend not to bother as it can annoy the Judge, who will probably not agree about that argument and then you start on the wrong foot.

Is there any further details around the following:

- Evidence proving that grace periods always apply - they state "...he made use of the facilities and therefore the grace period does not apply"

Absolute poppycock! Grace periods are mandatory in car parks where the public are allowed to park - check out the IPC CoP and print off the page about grace periods if it's not already in your file.

- Points 24 relate to their inflated costs - £60 for ..'charge becoming overdue'
- Point 27 relate to their inflated costs - additional solicitor/legal costs
- Point 28 claiming '..as such asks that this element of the claim be awarded as damage'

The Beavis case held that ParkingEye could NOT have pleaded their case in damages (and nor can any parking firm). The POFA Sch 4, the CRA 2015 Sch 2, and the Beavis case paras 98, 193 and 198 kill the £60 entirely so make sure you are heard clearly, on that point. Judges up & down the Country are striking cases out without a hearing, purely due to the abuse of process of adding £60 that they are not entitled to recover, that taints the entire PPC claims (so says Southampton and Warwick courts).

I feel i've covered these topics in my original defence? But should I be doing anything else to reiterate the nonsense WS?

No, just make your own easy to read notes for when it is your turn to speak, at the hearing.

And take a wage slip, or other proof of loss of leave/salary, and get there early!

Jhottt

I've just got back from the court and it was a resounding SUCCESS.

I'll write some more later - but overall the Judge was really, really nice (forgotten his name) and he prompted me towards my strongest points. The Gladetones representative introduced himself in the waiting room and tried to pass me a file - which I refused and asked him to provide it in front of the judge. I don't believe he was familiar with the case as he was frantically going through it in the waiting room.

He dismissed the majority of points, e.g 6 minutes is long enough for a grace period etc. However, he dismissed the case based on the point that the notices were masked within all the advertisement banners on the land so he failed to see how the contract could have been offered.

I then put forward my Costs Schedule but rather bottled the additional costs for unreasonable behaviour - they offered me the max loss of earnings plus mileage and parking which totalled £105.50

Merry Christmas all and thanks for all the help!

beamerguy

Jhottt Well done :beer:

You got the incompetent Gladstones spanked in court again, with the help of the judge, brilliant

Gladstones are making themselves look like complete idiots in front of judges now

markd3019

Congratulations on your success. Im due to attend court against these people in March for the exact same "breach". I have until Feb to submit my bundle. Would you be so kind to PM me your Case details i.e name number date etc so I can reference this in my defence or do you know if the judgement will be publicly available anywhere - I already have a couple and it seems strage to me why courts keep allowing these to be heard when they constantly lose.

Is it worth me writing to HX/Gladstones asking them if they want to withdraw based on the number of failures they have had in court at this particular site?

Many Thanks

beamerguy

markd3019 wrote: »

Congratulations on your success. Im due to attend court against these people in March for the exact same "breach". I have until Feb to submit my bundle. Would you be so kind to PM me your Case details i.e name number date etc so I can reference this in my defence or do you know if the judgement will be publicly available anywhere - I already have a couple and it seems strage to me why courts keep allowing these to be heard when they constantly lose.

Is it worth me writing to HX/Gladstones asking them if they want to withdraw based on the number of failures they have had in court at this particular site?

Many Thanks

No problem advising Gladstones that you are fully aware of their cases regarding the site and you will follow the same avenue.

Doubt they will respond quickly as March is a long way off. They probably want you to sweat over this but it will be them that sweats because it will result in another spanking for them.

They may try to do a deal before they cave in and discontinue

With Gladstones, it really is a game of hide and seek. Or in Gladstones case and the site, more like "10 green bottles"

Coupon-mad

The judgment won't be publicly available anywhere. Only people who pay to get their judgment transcript typed up by the court services have their case recorded in writing for posterity, and it's not cheap!

Anyway well done on your win ad getting costs as well!

ANOTHER HX ONE BITES THE DUST! :T