Gladstone/ES Parking - County Court Claim Form

Coupon-mad

Is this bit (my bold) that you decided to leave in, and not remove, actually true?

The Defendant is not the only driver of this vehicle and has no knowledge of any parking charge notice (‘PCN’) or letters.

MOST POSTERS MUST REMOVE THAT ...obviously...

el_patron

Yeah I removed the bit in bold before sending. I became aware of it at the PCN stage so yeah it wasn't true.

el_patron

KeithP said:

With a Claim Issue Date of 9th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th April 2020 to file your Defence.

Just so I understand this correctly, 28 days after my Date of Service was Sat 11th Apr, but  because the court office is closed, it moves to the next day the courts are open, which in this case was Tues 14th? So even if I filed after the initial 28 days but before Tuesday it would still be okay?

KeithP

el_patron said:

KeithP said:

With a Claim Issue Date of 9th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th April 2020 to file your Defence.

Just so I understand this correctly, 28 days after my Date of Service was Sat 11th Apr, but  because the court office is closed, it moves to the next day the courts are open, which in this case was Tues 14th? So even if I filed after the initial 28 days but before Tuesday it would still be okay?

That's correct.

el_patron

Hi All
I received a letter from the county court saying my defence had been received and then I received the Directions Questionnaire from Gladstone about two weeks ago but I've not received the DQ from the Courts yet.
Should I chase them up? Initially I was happy just to wait and not bother chasing or printing it off myself, but now I'm getting a bit concerned about the length of time.

MCOL latest update is that my defence was received.

KeithP

el_patron said:

I received a letter from the county court saying my defence had been received...

Did you also read on that letter from the court that the Claimant has twenty-eight days to respond?

el_patron said:

Should I chase them up? Initially I was happy just to wait and not bother chasing or printing it off myself, but now I'm getting a bit concerned about the length of time.

MCOL latest update is that my defence was received.

Why not print your own? Hint: fill it online before printing - it's neater.

el_patron

KeithP said:

Did you also read on that letter from the court that the Claimant has twenty-eight days to respond?

Yeah thats what I suspected it would be.
Gladstones letter said they had notified the courts so I just wanted to double check it was them talking rubbish and me being paranoid lol

el_patron

Hi All 
After filling out the DQ form as instructed on this forum (No to mediation etc) I have now received a letter from the courts. It's a "Notice of Allocation to Small Claims Track (Hearing)" and states that there will be a "Judge led conciliation hearing by telephone" I'm assuming this is not the actual court hearing as the letter states during the appointment the judge will explore whether:
(a) the case is capable of agreement or whether the issues between the parties can be narrowed:
(b) if a trial is required how the trial can take place: paper hearing, telephone, video or in person;
(c) what case directions are required.


I've also finally received information from the claimants through the post. It includes:

• NTK and LBCC (both of which dont follow protocol)
• A site plan and the example signage
• Photos of the car parked and the driver leaving the "site" on foot. ( A reminder the PCN is for "leaving the site whilst in a free parking while on site only")
• A copy of Britannia vs Mathew Semark-Jullien on Appeal 29th July 2020 (I believe the judge upheld their appeal that the whole claim should not be struck out because of the £60 admin fee)

Does anyone have any information or advice over what to expect at the conciliation hearing? I've read coupon-mads thread but that was more towards the actual hearing I believe.

Ralph-y

have a read through ...

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1 

Ralph

nosferatu1001

It tells you it is not the substantive hearing. 

No, that case does NOT uphold that concept. At all. It was saying THAT D failed to put forward sufficient info. Not ALL claimants. THey very specificlaly chose a weak case to appeal, and NOT the other case heard at the same time!