Gladstones and old address - 1 unknown CCJ, 1 unknown Claim

Le_Kirk

You only need to send the witness statement and evidence as the claimant will have your defence already.  As to the rest, just follow the instructions on any court orders you have received.

duckieb

Thank you very much. There weren't really any instructions on the last letter from the court, just the date and that the claimant had to pay the court fee by a certain date (which they did). There was nothing to suggest whether it would be remote or not, or any date by which to file evidence or send a witness statement, hence why I called the courts. I shall just email them the bundle with WS and evidence etc then to make sure I haven't missed anything. 

Le_Kirk

Are you sure there weren't any instructions such as "file and serve...... at least 14 days before the hearing"?  They might have been on the back of the letter or a previous letter.

duckieb

Perhaps on a previous letter, but all the ones that I have looked through (including the one that gave me the date) hasn't specified anything. The court said 14 days prior to the hearing would be fine. As an update, I filed everything last week and sent the court bundle to Gladstones too. Gladstones have now replied with a supplementary WS which they have filed in court as well, largely saying that my Schedule of Costs has no evidence and should not be included etc etc. Is it unusual that I have included a Schedule of Costs?

Le_Kirk

Perfectly normal to include schedule of costs but we call it a summary costs assessment.  The only evidence you can supply might be your proof of earnings, car parking and travel on the day (if it to a physical court) and only up to a max of £95. In olden time (no not that far back, just pre-Covid) you would show the judge wage slip as proof.  They might have a point if you are going for unreasonable behaviour costs but the bar is set very high on that one. 

Johnersh

Glad they've done that. You can serve a schedule of legal costs, no problem. They want supporting evidence, well OK. There's nothing to stop you doing that. A schedule of costs for a hearing needs only be served 24 hrs before. 

... But where's their evidence of the costs incurred that lead them to add on £60 which is not a defined sum in the parking sign/contract?  I mean, they appear to agree with the principle that a claim ought to be supported by evidence. 

duckieb

Hi all, my court hearing is tomorrow as a telephone hearing. Thank you for all the guidance - I am very grateful irrespective of tomorrow's outcome. A quick question - if you remember, this was for 3 different PCNs but on their PoC they have used the same date for 2 of them (13/07/2017, 17/07/2017, 17/07/2017). This is obviously a sloppy mistake by Gladstones but I have included that they should be held to strict proof of 2 on the same day. Obviously their actual PCNs and documentation refer to the 3rd ticket being on 18/07/2017. How legally binding is what is said on the PoC? Would I be able to argue that one at least should be removed as they have used the wrong date, even if the Judge finds against my favour? Or can they just say oh this was a mistake, ignore the PoC, these are the actual dates. 

Le_Kirk

Depends what you said in your defence and your witness statement.

duckieb

How so? I did also say that they have claimed for 2 on the same day in my defence and WS. I am defending as keeper and haven't a clue what these PCNs refer to - I was at work somewhere else on the days, and the postcode provided doesn't return anywhere discernible to me on google. 

Le_Kirk

duckieb said:

How so? I did also say that they have claimed for 2 on the same day in my defence and WS. I am defending as keeper and haven't a clue what these PCNs refer to - I was at work somewhere else on the days, and the postcode provided doesn't return anywhere discernible to me on google. 

In which case you seem to be covered and can raise this with the judge if he/she doesn't raise it first.  What you can't do is ambush the claimant but since it is in your defence and WS, you are OK.