Letter Before claim from Gladstones Solicitors

IKG

in my defence something i got form the link?



In The County Court
Claim No: XXXXXXX
Between
Hounslow Enforcement limited

-and-

my name

____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant parked the car and there were no signs at all stating that no one car park there.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date

IKG

KeithP wrote: »

Yes, I can see them, and frankly you need to put a bit of effort into addressing them yourself.

just to clarify are you suggesting to wait till atleast 16/11/19 to Acknowledge the claim letter?

Coupon-mad

You've ignored or forgotten beamerguy's link telling you to include in your defence, the words from post #14 of the abuse of process thread, (instead of your para #5).

Re this:

The facts of the matter are that the Defendant parked the car and there were no signs at all stating that no one car park there.

I find that hard to believe.

You need more facts, what contravention, were you driving or are you defending ONLY as you were the registered keeper, what signs WERE there (cannot have been none).

KeithP

IKG wrote: »

just to clarify are you suggesting to wait till atleast 16/11/19 to Acknowledge the claim letter?

I wrote...

...you have until Monday 2nd December to do the Acknowledgment of Service. If possible, do not do the AoS before 16th November, and maybe delay doing it until the end of November.

Let's break that down...

1) ...you have until Monday 2nd December to do the Acknowledgment of Service. Hopefully that is clear.

2) If possible, do not do the AoS before 16th November... Surely nothing too difficult with that.

3) ...and maybe delay doing it until the end of November. I am suggesting here that you might want delay filing an AoS to allow time for you to complain both to Gladstones and the Solicitors Regulation Authority about their serious misconduct.
But if you are not going to bother with that, ignore that option.

IKG

Coupon-mad wrote: »

You've ignored or forgotten beamerguy's link telling you to include in your defence, the words from post #14 of the abuse of process thread, (instead of your para #5).

Re this:
I find that hard to believe.

You need more facts, what contravention, were you driving or are you defending ONLY as you were the registered keeper, what signs WERE there (cannot have been none).

to be honest as it happened 2 years ago on 2017 i dont exactly remember if there were any signs..............i went with a friend who oftens visits that estate and parks however i recently went to check the estate after i recieved the letter and they have a small sign on the main gate saying private parking

Coupon-mad

We know there were signs; there had to be signs.

They were probably sparse. So why not use that word and say none were seen...

You need to slow down and read what you've been advised to read and put in more facts about the event and not say there were no signs at all, which they will EASILY be able to prove wrong.

IKG

Coupon-mad wrote: »

We know there were signs; there had to be signs.

They were probably sparse. So why not use that word and say none were seen...

You need to slow down and read what you've been advised to read and put in more facts about the event and not say there were no signs at all, which they will EASILY be able to prove wrong.

as mentioned in the above post to read abuse process #14 which is written by you........am i meant to use text from that post?

KeithP

Instead of complaining to the SRA now, a different tactic might be to progress the claim normally but claim costs for the Claimant's unreasonable behaviour.

That unreasonable behaviour being a written statement on 1st November stating that they would delay processing until 3rd December and then issuing a County Court Claim on 11th November.

Coupon-mad

That unreasonable behaviour being a written statement on 1st November stating that they would delay processing until 3rd December and then issuing a County Court Claim on 11th November.

Good call. SRA complaint is needed, to:

report@sra.org.uk

Mark it for the Investigation Officers.

KeithP

I did suggest a SRA complaint earlier, but the OP responded

SRA complaint details please