Claim Form from Gladtones re Contractual PCN from G24

sensahuma

Coupon-mad said:

Is the signature a facsimile? 

Since the defendant received a pdf copy of the WS via email, it is a scanned copy. The signature is in black, with print name and date below. The only thing obvious is that the date appears to have been hand written before scanning; it's quite likely that the signature was done by hand too.

Does that give any clues whether it should be raised with SRA?

Also, you had asked earlier about cost schedule. Hope the defendant has understood this correctly, does the following help?

**********************************************************

Parking Conditions:

Authorised  Vehicles Only: N

Free Parking Period and Authorised Vehicles: Y

Max permitted Free Parking Time allowed: 60 min

Grace Period: 10 min

Monitored for Customer Only Parking: Y

Parking Charge: £100

Reduced Charge for Early Payment: £60

**********************************************************

Moreover the following was included in the Letter Before Claim:

We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recover the amount due above, as you have failed to settle the debts that are owing, or provide a valid reason for non-payment. We understand that our client has written to you to request payment but the amounts are still outstanding.

The charge amount includes £60 claimed by our Client for the time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your nonpayment.

In the event the outstanding debt is not paid in full, we are instructed to commence legal proceedings. Our Client is satisfied that it has sufficient evidence to support this claim and, if necessary, will rely on this evidence in Court.

If you believe you have a valid reason for non-payment, you are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998 (‘the PAP’). A version of the Information Sheet and Reply Form taken from the PAP can be completed on our website www.gladstonessolicitors.co.uk. Before completing the online Reply Form, you must first create a login, for which you will require your reference (103850.526). Alternatively, you can request a paper version (see overleaf).

 We refer you to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.

Please pay or reply within 30 days of the date of this letter. Any reply received outside of the 30 day period may not be considered as legal proceedings are likely to have been issued.

sensahuma

Coupon-mad said:

 Would the experts like to see the entire witness statement from the claimant?

Yes, and your costs schedule and your supplementary WS, like you see in the other cases since November.  There is an example on page one right now, and it's a thread I just replied on tonight - easy to find.

We assume you have been reading the forum since November and saw CEC16's thread about the Southampton hearing, and how to argue about the added £60 on the back of that case - hence the 'supplementary WS'.

@Coupon_mad: The defendant is unable to find out which one you are referring to by "your supplementary WS, like you see in the other cases since November.  There is an example on page one right now, and it's a thread I just replied on tonight - easy to find." You made quite a few comments yesterday night and today early morning.

Also, is the defendant right in understanding that the CEC16' thread is separate from the above, and that the defendant will need this for a supplementary-WS?

nosferatu1001

1) Just show us the final page of the WS then, so we can look Usually there is an obvious difference where a DIGITAL copy of the hand written sig is inserted into the doc, with a handwritten date below it. 
2) No, that is not the schedule of YOUR COSTS. You need to do a search on this - its your time spent to date. 
3) Supplementary WS - do a search by post then! Yes, CEC16 has the "abuse of process" add ons you need. 

Coupon-mad

Search the forum for supplementary costs schedule and you will find threads quickly, showing both.
CEC16's thread explains but i have no idea in this 'new' forum, how and where you find a user/member' list and even if you do, there seems to be no obvious way to find their posts.  It used to be so easy to find a thread by a user.

sensahuma

nosferatu1001 said:

1) Just show us the final page of the WS then, so we can look Usually there is an obvious difference where a DIGITAL copy of the hand written sig is inserted into the doc, with a handwritten date below it.

Please see below....

nosferatu1001

Thats a scan of a signature. Written in an entirely different hand to the date, never mind using an entirely different pen. 

Le_Kirk

Coupon-mad said:

Search the forum for supplementary costs schedule and you will find threads quickly, showing both.
CEC16's thread explains but i have no idea in this 'new' forum, how and where you find a user/member' list and even if you do, there seems to be no obvious way to find their posts.  It used to be so easy to find a thread by a user.

Just go to the top of the forum page, click on advanced search and put CEC16 in Author, this brings up all the posts on that thread.  Here though is the link to it: -
https://forums.moneysavingexpert.com/discussion/comment/75922070#Comment_75922070

sensahuma

nosferatu1001 said:

Thats a scan of a signature. Written in an entirely different hand to the date, never mind using an entirely different pen. 

Which means SRA is back in business? The defendant hopes that they can raise this with SRA after doing the WS, needs to get the WS organised soon, so tha the defendant can post it to the local court by tomorrow AM? Don't think the WS can be sent online via email, as was the case with defence?

Le_Kirk

It is always recommended to hand deliver your Witness Statement, evidence and cost schedule to the court (post to the Claimant with a FREE certificate of posting from a post office).  Some courts might accept WS by e-mail but you would then be expecting them to print all your documentation and get it in the right order, make sure none was missing and organise it nicely for the judge.

nosferatu1001

You are serving on TWO PARTIES here - the court AND the claimant
You can only serve via email on the claimant if you have their express permission to do so
You cannot rely on emailuing the court. You must take it in by hand.