Preparation of Defence HX / Gladstones

blancswann

Hello, advice needed - I have filed my AOS via the MCOL
Gladstones / HX Car parks are claiming unpaid parking fines for a now total of £241.88
I have the paid parking ticketing in hand showing the last 3 letters of the car registration - they are insisting that because all of the reg was not on the ticket then I am in breach, and they rejected my appeal (no surprise).
I contacted the landowner via email and have an email showing that they agreed with my appeal and would get this cancelled. So I was surprised to then receive another letter from Gladstones a few months later. I then forwarded Gladstones a copy of the email to which they took over a month to decide that the landowner had no right to interject, and requested that I send them evidence of the letter (even though I had already done so!) so I ignored their threats until I got a LBC, which I also ignored, and now I have a Claim form. So I need to set out my defence - Can you advise?

D_P_Dance

As you have that email from the landowner, imo they would be very unwise to take this to court.  Send them another copy of his/her email and threaten a counter claim for harassment/data breach/whatever.

How much are they asking for?  the

nosferatu1001

NEWBIES thread - second post has a COMPLETE guide to the courts process
READ it properly. Dont skim
Then
1) Tell us the ISSUE DATE
2) Confirm when you have ACKNOWLEDGED the claim. This must be done no earlier than 5 days from date of issue, but not later than 19 days, and is done online according to the instructions in the newbies thread. 
3) Read the 16 defences
What, precisely, does the landowner email state? 

blancswann

1) Issue date is 7th Feb
2) I confirm I have acknowledged the claim online
3)here is the reply email from the landowner 
”Ok , I can see the resemblence so I will step in and get it cancelled.

Just to balance the argument we are swamped by people trying not to.pay so they have to take a robust stance and sometimes  cant see the odd one who might be genuine.”
- They never signed the email correspondence with a name but I assume the fact it is a genuine reply from the business email address will make it valid.

D_P_Dance

Does an email need a signature?

beamerguy

blancswann said:

1) Issue date is 7th Feb
2) I confirm I have acknowledged the claim online
3)here is the reply email from the landowner 
”Ok , I can see the resemblence so I will step in and get it cancelled.

Just to balance the argument we are swamped by people trying not to.pay so they have to take a robust stance and sometimes  cant see the odd one who might be genuine.”
- They never signed the email correspondence with a name but I assume the fact it is a genuine reply from the business email address will make it valid.

Gladstones have added a fake £60 to their claim. .... AS USUAL ?
ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

We do feel sorry for Gladstones as they are incapable in the understanding of the English language

WATCH THE LIPS OF JUDGES GLADSTONES ?
Gladstones told by Judge .... added £60 NOT LAWFUL
https://forums.moneysavingexpert.com/discussion/comment/76692888#Comment_76692888"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261">https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261

D_P_Dance

It may well be that soon any case which contains unlawful amounts will be thrown out.

blancswann

beamerguy said:

Gladstones have added a fake £60 to their claim. .... AS USUAL ?

Yes, they have added it for "time spent and resource facilitating the recovery of the charge"

beamerguy

blancswann said:

beamerguy said:

Gladstones have added a fake £60 to their claim. .... AS USUAL ?

Yes, they have added it for "time spent and resource facilitating the recovery of the charge"

Which as everyone knows is nonsensical rubbish, the judges know that as well.
Make sure in the abuse of process thread, you carefully read coupon-mad's post # 14
This you will use as your defence against fake add-ons

blancswann

beamerguy said:
Which as everyone knows is nonsensical rubbish, the judges know that as well.

Make sure in the abuse of process thread, you carefully read coupon-mad's post # 14
This you will use as your defence against fake add-ons

Thanks, I will do. I've looked at a few draft defence posts and they seem very legal jargon which is what is worrying me. I can of course set out the facts, but these don't reference law paragraphs etc. which is how lots of other drafts seem to look. Do I just list the facts? and let someone else on here advise what I should add?

KeithP

blancswann said:

1) Issue date is 7th Feb

Yep, got that.

blancswann said:

2) I confirm I have acknowledged the claim online

But the question was :
2) Confirm when you have ACKNOWLEDGED the claim.
Note the word "when" in there.