County Court Claim Form Gladstones/UKCPM

brentmeister2k

So defence was filed shortly after my last post. I have now received a Directions Questionnaire completed by the claimant. But I am yet to receive my DQ to complete. Is this normal?

Umkomaas

brentmeister2k wrote: »

So defence was filed shortly after my last post. I have now received a Directions Questionnaire completed by the claimant. But I am yet to receive my DQ to complete. Is this normal?

Once again you are referred to post #9 of this thread from KeithP, the answer has already been given to you. Not much point in giving advice if it's not read!

brentmeister2k

Umkomaas Thanks for directing me, I have received a lot of advice and read a hell of a lot about all of this, I can't retain 100% of the info.

I currently have 2 unwell toddelrs and am lucky to get 4 hours sleep per night. I work full time and I'm not a legal expert or in any way familiar with the processes here, so forgive me for forgetting a line of advice on a post several weeks ago.

Redx

Whenever you have a question , just read your thread again to see if it's been answered , a 5 minute refresher is all you need and on the 7th you said you were forgetting things that have already been posted

Good luck

Umkomaas

brentmeister2k wrote: »

Umkomaas Thanks for directing me, I have received a lot of advice and read a hell of a lot about all of this, I can't retain 100% of the info.

I currently have 2 unwell toddelrs and am lucky to get 4 hours sleep per night. I work full time and I'm not a legal expert or in any way familiar with the processes here, so forgive me for forgetting a line of advice on a post several weeks ago.

I too have my own crosses to bear (you couldn't even start to imagine their drain on me and mine), but still find time to give freely of my time here, day after day for the past 7 years, to help hundreds of posters each week with problems that are absolutely not mine or of my making.

I am, by far, nowhere near to being a legal expert. You don't need to be a legal expert to follow the advice and guidance provided here by volunteers who have been prepared to do the research and put in the hard work to ensure that crystallised, key information, is available to those who are now ensnared by predators, demanding money from them with menaces.

Presumably when we help get you out of this mess, you'll be back to help the hundreds of other newbies who, each and every week, will follow in your footsteps?

Le_Kirk

Did you mean to post on your own thread?  You've dropped onto the wrong one!

brentmeister2k

Hi All, It's been some time, and having some confusion and doubts about this now that court date is close 21st May.  I need to get this all submitted this week and so I have attached the defence that was filed from December along with my draft witness statement, supplementary statement and other supplementary docs.

A few questions:

I have referred to abuse of process in my defence - do I still need to include the supplementary witness statement and if so in it's current format? My w/s states my general confusion and is a truthful and accurate  - I worry however that it will undermine my defence - please advise if I should vary or be more sparing with info? - My defence is much more generic should the WS follow suit.

I have some photos at the site of signage etc - should I make reference to them in W/S - I ask as not sure they support my defence entirely and also not clear if signage has been updated in the nearly 2 years that has passed?

Are there any other cases that I need given my defence and WS? I am struggling.

Any other constructive guidance or feedback welcome.

I plan to hand deliver this to court by 7th May and also email to claimant and gladstones ideally a day before - will send hard copy aswell. Anyone forsee any issues with this?

Redx

have you checked the telephone hearings thread by coupon mad ?

have you checked the court list by bargepole, to see who is open or not and their current methods ?

has your local court told you how this will proceed yet ? (paper ? , phone ? , videolink ? , face to face ?)

due to covid19, do not assume its "normal" , nothing is normal at the moment

ps:- you would always refer to exhibits like pictures , transcripts, case law , laws etc in your WS and itemise them as part of your bundle, such as ABC/001 , ABC/002 etc

Johnersh

It would be helpful somewhere in all of that to have a complete copy of the signs (for both car parks) entrances and exits if you were confused and it all looked pretty similar. Has the claimant included anything you can refer to? 

I worry that there is not a clear enough legal argument as to why there was no breach of contract in the generic points raised. Not all DJs will strike out an entire claim over the additional £60, which is clearly not an incurred cost - much less one they are entitled to interest on calculated to the date of the parking event. 

brentmeister2k

Thanks both for eeponses -

Redx - The guidance I read said assume everything is normal until you hear otherwise, I have had nothing from the court to advise on any COVID 19 measures, I'm assuming it will be via telephone and I will receive correspondence of this soon. I am looking  for the threads you mention but can't locate.

Johnersh - I am worried about this aswell - although the guidance received on here initially was that the lack of specific argument for my situation didnt matter as generic arguments were sufficient  - I will add some pics shortly, but will caveat that these were taken well over a year after the incident and so cannot be sure they were the same on the date. I can include some pics from the claimants witness statement of the plan etc that may help.