Court Date Early Jan - Gladstones

beamerguy

5thAttemptAtUserName wrote: »

OK, this is a bit odd.

They are taking me to court again (for a second alleged incident).

I've got the letter before claim (it arrived on the same day that the discontinuation arrived, after the first court case which they didn't turn up for).

I'm just taking a breather before I take any action, but I must say I'm up for a fight this time. You can't keep taking folks to court, can you? They say it's another offence and have refused my offer to settle out of court (they still owe my expenses from the last case).

All of my documentation will be loads better and I'm not nervous of court any more. Plus, they now owe me £107. They claim i owe them £150.... they'd be insane to take this to court.

Is there an actual second claim or is it just the incompetent Gladstones using their abacus

DoaM

Ralph-y wrote: »

send a LBC for the amount owed ... it might focus their mind


Ralph:cool:

They won't be late per the judgment lodged, so any LBC would be premature. Regardless of this, the OP would simply enforce the claim (with costs being added) should Horizon fail to pay in the relevant timescale.

5thAttemptAtUserName

beamerguy wrote: »

Is there an actual second claim or is it just the incompetent Gladstones using their abacus

The letter before claim mentions a different day, some 2 years after the first alleged incident. So, yes.

Coupon-mad

5thAttemptAtUserName wrote: »

I won!

Gladstones didn't turn up and had withdrawn the case, I had not received notification of this until I arrived in court!

In the end I sent my costs in as just over £100, rather than going for added amounts.

Just want to say thank you to Coupon-mad and the authors of the sticky posts (read them, then re-read them).

If you are taken to court by these people, just bear in mind that the worst that can happen is that you owe money. As bad as that is, some of the folks in court don't get to go home after the case.

I'd send a copy of the judgment the court posts to you about the above one, to Gs when replying about this new LBC, and just say that this case, which seems to turn on the same facts, will be as robustly defended as the last one and can they hurry up and pay your costs from the case you just won or you will send in the Bailiffs to their client's offices!

Then say they need to refer back to their client as there is no reason to go to court again, and their client should have properly checked their database and advanced the claim together as a whole, when they had the chance. Henderson v Henderson is the case law that prevents this sort of abuse.

Make it clear your reply is about the NEW LBC, or it might get lost in translation, so make sure the headings make it crystal clear the emil is about the new one.

5thAttemptAtUserName

The subject access request has been returned from the first case and I've just got round to reading it.

Interestingly, it DOES NOT CONTAIN ANY INFO ON THIS NEW PCN, which is should have done.

I've just invoiced Gladstones for the first case, here's my response to their LBC:

Gladstone Solicitors case ref: XXXXXXXXXXX
Client: Horizon Parking Limited

Dear Sir,
This is the second case you are attempting to bring against the defendant, using broadly the same evidence. Henderson vs Henderson establishes this behaviour as an abusive action. You should withdraw your claim or face a robust defence.
I note that your response to my Subject Access Request, which you received on the 30.12.2019 (enclosed), does not include any new images or evidence. You cannot present new evidence to the court without confirming that you are in breach of data protection law.
To present this second case with the exact same evidence would be foolhardy, to present more evidence potentially exposes data abuse and serious systematic failures in your data handling. These types of offences are covered by criminal law.
You should seek legal advice. The course of action you are engaging with may result in loss of money, data protection abuses and legal repercussions. Your use of the court in this way is a clear abuse of process. These offences will be demonstrated in court.
The Defendant contacted you on 08.01.2020 via telephone over three calls, two of which were cut off. This took 30 minutes, payment for which you are already liable. The Defendant made an out of court offer of settlement for the costs you owe him due to your failed case against him, XXXXXXXXX, against this new, equally unfounded Claim. This offer was rejected, precisely because these are, contrary to case law, being brought as separate Claims against the Defendant.
The Defendant suggested that his £10XXX costs be set against the Claimants undocumented claim of £150. This offer was rejected even though court fees, when applied, will make both figures equitable. Your Client’s current course of action will incur costs on both sides.
I invite you to confirm that this case has been dropped or that you will attend court and give the Defendant the opportunity to secure the full compensatory reimbursement for his time, and full reparations regarding your client’s abusive behaviour towards the Defendant and the court.
I note that your withdrawal from case XXXXXXXXX arrived at the court on the day of the trial. This was when the Defendant learned that he had won the case. Please reply to the Defendant in a timelier fashion in future as failure to do so may be used as evidence in court.

Your sincerely,

nosferatu1001

Who was your SAR to? The PPC or the Solicitors?

No need to invoice them - they have a costs order against them, if they breach it you appluy for a warrant of control against them.

5thAttemptAtUserName

nosferatu1001 wrote: »

Who was your SAR to? The PPC or the Solicitors?

No need to invoice them - they have a costs order against them, if they breach it you appluy for a warrant of control against them.

I sent a SAR to both Gladstones and Horizon - only Gladstones have replied.

They don't have a cost order, because I'm self employed it is hard to prove earnings. I've invoiced, as normal for a self employed person.

nosferatu1001

So the Judge did not grant you you costs? Then what exactly are you claiming from the PPC?
While it is hard to prove earnings, that was your job to do on the day.

You cannot invoice for costs. Never going to work here.
(Its because youre not performing a service for them, no contractual relationship is even implied as exisitng)

5thAttemptAtUserName

Sorry, I've used the wrong terms.


I've invoiced for legitimate expenses from attending trial, equivalent to half days pay + travel.

As for not speaking to the judge... what can I say, it's the behaviour of a rank amature

nosferatu1001

No, costs is the correct term!
the point is you cannot invoice for those expenses, becaus ethey are not expenses caused by you performing work for the claimant. They are COSTS resulting from a CLAIM. You should have asked for the costs in court, as the newbies thread is very clear about, and have taken proof of loss of leave OR loss of earnings then.,