Claim Form - UK Car Park Management/Gladstone

richiew2k

Le_Kirk said:

As long as you have filed your witness statement, evidence and costs schedule, sit back and wait.  Maybe read a few court reports from the forum and see what to expect in court.

ok thanks, I m interestednto see their witness statement to see if that bogus name is still being used like some of the other people in this forum.
Luckily I often visit the court with my work so kinda know what to expect but still seems more daunting when ill be the one defending 

nosferatu1001

Write to the court
Then you have something written NOW. It is obviously way more persuasive than you just raising it in the hearing. 

richiew2k

nosferatu1001 said:

Write to the court
Then you have something written NOW. It is obviously way more persuasive than you just raising it in the hearing. 

Hi Nosferatu,
Is there anything extra I could put in the letter to pad it out or make it sound more official? Could i ask that on this basis the case gets struck off?
Here is what I have wrote so far :

Dear Sirs, 

I am writing to bring to your attention that at the time of writing this letter (27.02.20), UK Car Park Management Limited has failed to provide a completed Witness Statement to either the court or me (Claimant). The order of the court clearly stated that Witness Statements should be submitted by 27.02.2020 to every other party which that party intends to rely on at the hearing.

I believe that this is unprofessional and that there should be no relief on sanctions and would welcome you to look at this as a breach of process.

Yours Sincerely,

 

nosferatu1001

Struck OUT, not off

Failed to serve on the defendant nor have they filed with the court their witness statement and any other documents they wish to rely upon in the hearing, in breach of the court order dated X issed by Judge Y

I ask that this is put on the file for the attention of the hearing Judge... and that the claimant is not allowed any relief from sanctions, as they are professionally represented by a firm carrying indemnity insurance for just this issue of professional negligence. 

nosferatu1001

Oh, and why did you call yourself the claimant? Youre not. youre the defendant. 

richiew2k

nosferatu1001 said:

Oh, and why did you call yourself the claimant? Youre not. youre the defendant. 

haha sorry its too early in the morning 

richiew2k

Excellent 
I will get this sent off today Thanks for your quick response

Dear Sirs, 

I am writing to bring to your attention that at the time of writing this letter (27.02.20), UK Car Park Management Limited failed to serve on the defendant nor have they filed with the court their witness statement and any other documents they wish to rely upon in the hearing, in breach of the court order dated 23rd January 2020 issued by District xxx

I ask that this is put on the file for the attention of the hearing District Judge xxxand that the claimant is not allowed any relief from sanctions, as they are professionally represented by a firm carrying indemnity insurance for just this issue of professional negligence. 

Yours Sincerely,

KeithP

District xxx = District Judge xxx.

Coupon-mad

They will discontinue - it's UKCPM - like all the others seen here recently:
https://forums.moneysavingexpert.com/discussion/comment/76885442

Maybe Gladstones UKCPM cases being investigated by the SRA right now, has a lot to do with it!

What you must do - POSTING 1ST CLASS TOMORROW - is put a Summary Costs Schedule (signed & dated) in with that letter and change the end of the letter - get rid of the weak ending!  You could also include a photocopy of your hourly rate if you earn more than £19 per hour (standard LiP rate) and ask for your ACTUAL loss of hours, for working on this case which has taken you away from work and/or home/family life.

Instead, ask that your costs be summarily assessed in the event of a Notice of Discontinuance, which seems imminent, given that Gladstones are being investigated by the SRA, specifically about alleged forged signatures in witness statements, mostly relating to this same Claimant, UKCPM. 

The facts support a finding of ''wholly unreasonable conduct'' by this Claimant. Pursuant to CPR 46.5, whilst indemnity costs cannot exceed two thirds of the applicable rate if using legal representation, the Defendant notes that LiP costs are not necessarily capped at £19 ph. The Defendant will ask for a fairly assessed rate for the hours spent on this case, referencing Spencer & anor v Paul Jones Financial Services Ltd.   

The Claimant's Particulars disclosed no legal basis for the sum claimed and they knew, or should have known, that an exaggerated ‘parking charge’ case where the 'contractual costs' have been double counted at the point of litigation, is disallowed under the CPRs, the Beavis case, the POFA and the CRA 2015, as was found in Southampton and Skipton courts, where applications to set aside summary strike-outs were refused, on 11/11/19 (by DJ Grand at Southampton) and 27/2/20 (by DJ Fay Wright at Skipton).  The witness statement deals with all of this and the conduct in this case is clearly an abuse of process.

As a final straw, the Claimant has failed to file and serve a Witness Statement at all and this 'permits of no reasonable explanation' either way, and meets the Dammerman test, whether they discontinue now or not.  

Ask the Judge to award your fully assessed costs so far, such as are allowable pursuant to CPR 27.14 and CPR 46.5, which allows a litigant-in-person to be paid costs for the same categories of work and disbursements which would have been allowed if the person had been legally represented (not more than two third of those fees).

Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269:
The Appeal Court gave important guidance on the ‘unreasonable behaviour’ test: ‘The acid test is whether the conduct permits of a reasonable explanation. If so, the course adopted may be regarded as optimistic and as reflecting in a practitioner’s judgement, but it is not unreasonable.’ Longmore and McFarlane LJJ endorsed Bingham’s guidance: ‘We think that the above dictum should give sufficient guidance on the word “unreasonably” to district judges and circuit judges dealing with cases allocated to the small claims track'.  Therefore, a party’s conduct will be regarded as unreasonable in the absence of a reasonable explanation, and a LiP's costs for working on the case should be granted if the Claimant discontinues this late under these circumstances.

richiew2k

Hi All,
I have returned from a weekend away and found the Gladstones witness statement on my doormat.
The date is was posted was stamped the 27.02.20 which was the date that it should've been received by! So I am hoping my letter to the district judge arrived before it
First thing I notice is that the name Jack Chapman is on there
Within the pack it contains 
1) agreement authorising my company to manage parking on the relevan land
2) The Sign
3) Site Plan
4) Notices
5) Photographs of the incident

What are the main points I need to get ready for the court date now that i know they are using the false name of Jack Chapman?