Court claim form - Horizon Parking

beamerguy

daniellog said:

I thought I would update you all. I was pretty nervous, I attended the BT meet me call with the judge and someone working at the courts. Gladstones didn't submit anything to the court regarding the CPR 23 request, when they tried to add them into the call they wouldn't pick up. The judge asked me if I was happy for them to proceed without them on the call and I said yes. She then ruled that it was an abuse of process due to the attempt of double recovery and that it was dismissed. I was also entitled to £59 of costs which Gladstones sent me the other day. So it went pretty well! Thank you so much for all your help!

For the abuse of process thread please tell us
WHICH COURT
NAME OF JUDGE

No doubt, Gladstones are not fit for purpose to represent parking companies .... or anyone come to that ???

 

Coupon-mad

Yay well done!   ANOTHER HORIZON ONE BITES THE DUST!

daniellog

beamerguy said:

daniellog said:

I thought I would update you all. I was pretty nervous, I attended the BT meet me call with the judge and someone working at the courts. Gladstones didn't submit anything to the court regarding the CPR 23 request, when they tried to add them into the call they wouldn't pick up. The judge asked me if I was happy for them to proceed without them on the call and I said yes. She then ruled that it was an abuse of process due to the attempt of double recovery and that it was dismissed. I was also entitled to £59 of costs which Gladstones sent me the other day. So it went pretty well! Thank you so much for all your help!

For the abuse of process thread please tell us
WHICH COURT
NAME OF JUDGE

No doubt, Gladstones are not fit for purpose to represent parking companies .... or anyone come to that ???

 

York County Court
District Judge Mark

beamerguy

daniellog said:

beamerguy said:

daniellog said:

I thought I would update you all. I was pretty nervous, I attended the BT meet me call with the judge and someone working at the courts. Gladstones didn't submit anything to the court regarding the CPR 23 request, when they tried to add them into the call they wouldn't pick up. The judge asked me if I was happy for them to proceed without them on the call and I said yes. She then ruled that it was an abuse of process due to the attempt of double recovery and that it was dismissed. I was also entitled to £59 of costs which Gladstones sent me the other day. So it went pretty well! Thank you so much for all your help!

For the abuse of process thread please tell us
WHICH COURT
NAME OF JUDGE

No doubt, Gladstones are not fit for purpose to represent parking companies .... or anyone come to that ???

 

York County Court
District Judge Mark

Thank you ....... This case IS now in 2 threads

ABUSE OF PROCESS PART 1
https://forums.moneysavingexpert.com/discussion/6101409/armtrac-kbt-bw-legal-lbc-update-claim-discontinued/p1

AND .... ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

D_P_Dance

Waste a bit more of their time, send them a bill for yours. 

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

nosferatu1001

Well done!

daniellog

So I've just got an email that the court made an error in dialing in Gladstones and it's up for hearing again! what a joke...
"Before District Judge Mark sitting at the County Court at York, Piccadilly House, 55 Piccadilly, York, YO1 9WL.

UPON the Court considering the Claimants e-mail 3/7/20

AND UPON the Court noting that due to an administration error on the Courts part the Claimants Representative

was not connected into the hearing 8/6/20

AND UPON the Court determining that as a consequence of the administrative error the order of DJ Mark 8/6/20

should be set aside and the matter relisted in the interests of Justice and Fairness."

Coupon-mad

But if she threw out the case on abuse of process once, how will they overcome that this time?!

daniellog

I have no idea because the claim hasn't changed, its still an attempt at a double recovery.

Coupon-mad

OK, reply to the Order and say you believe you have a right to object to an Order of the court made of its own volition, and point out that the reason the claim was dismissed was due to the fatal abuse of process of adding unrecoverable sums to the parking charge, and if the claim does not now stand dismissed as a result of the hearing then you attach a Draft Order for the claim to instead be struck out.  Given that the abuse of process is a matter of fact, the claim should be struck out in the same way that many claims from parking firms now are.

And attach a draft order based on the words of this attachment (i.e. copy this Judge's words but remove the stuff about setting aside a CCJ, and an 'application being granted' and 'writ of control being stayed' and leave the dates blank for the Judge to fill in...!). Show us your Draft Order...