UKCPM Claim form recieved, Poor Signage

KeithP

Absolutely standard behaviour by the Claimant.
They, like every other private parking company, cannot afford the risk of appearing in court and being questioned.

Gladstones won't be attending either - for the very same reason.

However, Gladstones will be instructing a hired gun legal representative to present their case.
Usually this person will have only had a few hours to familiarise themselves with your case and often present a feeble opposition.

TiredJockey

Ah okay I see, that makes sense, I wasn't sure exactly what they meant by this letter. Will assume the hearing will go as normal and there will be a rep sent by gladstones then. 

Jenni_D

KeithP said:

However, Gladstones will be instructing a hired gun legal representative to present their case.
Usually this person will have only had a few hours to familiarise themselves with your case and often present a feeble opposition.

Is that still the case in respect of these letters? I don't recall such a raft of this type of letter previously when (e.g.) LPC Law et al reps have attended for the claimant. Is this not a notice that the claimant wishes the judge to hear their case "on the papers" (even though the defendant will be in attendance)?

I agree that the OP should prepare on the basis that there will be a rep there.  

KeithP

Jenni_D said:

KeithP said:

However, Gladstones will be instructing a hired gun legal representative to present their case.
Usually this person will have only had a few hours to familiarise themselves with your case and often present a feeble opposition.

Is that still the case in respect of these letters? I don't recall such a raft of this type of letter previously when (e.g.) LPC Law et al reps have attended for the claimant. Is this not a notice that the claimant wishes the judge to hear their case "on the papers" (even though the defendant will be in attendance)?

You may be right. That's certainly what CPR 27.9 implies.

OP, what is the date of the hearing?

TiredJockey

KeithP said:

OP, what is the date of the hearing?

The 14th of this month, so over 7 days before hearing as per CPR 27.9 

Castle

Jenni_D said:

KeithP said:

However, Gladstones will be instructing a hired gun legal representative to present their case.
Usually this person will have only had a few hours to familiarise themselves with your case and often present a feeble opposition.

Is that still the case in respect of these letters? I don't recall such a raft of this type of letter previously when (e.g.) LPC Law et al reps have attended for the claimant. Is this not a notice that the claimant wishes the judge to hear their case "on the papers" (even though the defendant will be in attendance)?

I agree that the OP should prepare on the basis that there will be a rep there.  

I agree, as normally there would be some mention that an Agent may attend in their place; but these letters seem definite that no one will attend-I'm guessing that's to save the Agents fees.

Coupon-mad

I get the impression Gladstones are not currently sending any reps.  Wonder why, and if there is any connection with the ongoing SRA complaint we all know about?  Might be overthinking it but it makes you wonder.

To the OP yes, you should definitely re-send your bundle and costs assessment to the court and Gs, now.

TiredJockey

Gladstones rep was a no show after all, so can take the previous letter posted as a sign they don’t intend to attend. 

Judge was content with my witness statement summarising poor signage, explanation of events and supporting exhibits, especially as claimant was not in attendance to refute. 

He didn’t see any need to continue and read into defence regarding to abuse of process after this point, later part of witness statement and the supplementary witnesses statement wasn’t read. Whole thing took 20 minutes.

Case was struck out. No costs awarded though due to remote hearing and judge was not satisfied with awarding anything else under CPR 27.14, for example time spent writing and researching defence ect. 

I’m happy with the win and no more stress thinking about this. Thanks for the help everyone you’re all stars. 

Le_Kirk

Well done - a result!

Coupon-mad

Yay!  Congrats!  

ANOTHER UKCPM ONE BITES THE DUST!

It does make you wonder why Gladstones are not sending reps to court at the moment.  It's a new thing for 2021 and we understand from other posters that they are/were also having complaints against them investigated by the SRA.  No idea whether the two are connected or whether they are just trying to save money on reps.