Gladstone/ES Parking - County Court Claim Form

Coupon-mad

The thread about an HX charge includes a WS covering why the Semark-Jullien case is no more than a county court damp squib.

Please copy the form of words I used about that, in your WS.

You can find the HX thread by searching the forum for SEMARK-JULLIEN and looking for a post I made last month with a template WS (be careful, it is one where the keeper denies being the driver and no poster should copy that bit, or any specific stuff, if it's not true for their case, of course).

el_patron

Thanks Coupon-Mad. Just to double check should I wait until after the Conciliation Hearing before sending a WS?

Le_Kirk

el_patron said:

Thanks Coupon-Mad. Just to double check should I wait until after the Conciliation Hearing before sending a WS?

What does the court letter say about submitting any documents?

el_patron

Le_Kirk said:

What does the court letter say about submitting any documents?

It doesn't say anything about WS or experts etc

Coupon-mad

But what does it say on the back about exchanging evidence not later than x days before?

Please read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same. You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

(the above text unashamedly copied from a post by Fruitcake!).

el_patron

Coupon-mad said:

But what does it say on the back about exchanging evidence not later than x days before?

It doesn't say anything about exchanging evidence. I was CC'd in an email from the county court that went to a Gladstone Solicitor. The email said:

"Dear Sir or Madam
In light of the COVID-19 outbreak and the interests of safety, please find emailed a copy of the order in the above case"

The Attachment was a 12 page PDF, but it was just the same 4 pages repeated 3 times. The only thing it stated that I must do is provide a contact number and email address to the court and the other party. Which I've done.

nosferatu1001

What about th eword documents? Anything on the back at all?

el_patron

Here is the doc i received. Unless im missing something glaringly obvious. There doesn't seem to be any mention of evidence etc

nosferatu1001

Nope
We ask because some have combined the letters, adding the conciliation step fifrst but still having a listed hearing date. 
2c says they will decide directions on eg Witness Statements in this hearing

el_patron

Hey guys. Just thought I'd give an update on how the hearing went.

It only lasted 10 mins and Gladstone weren't present, it was just the judge, ES Parking and I. The judge seemed very disinterested in the case (which I can understand).

First up he asked if we wanted to negotiate, ES said yes, I said no. He then proceeded to pick apart the defence I'd submitted. He said it wasn't specific enough, obviously from the internet and that the parts to do with striking the claim out are irrelevant. As judges wont do that anymore, at best they'll strike out the double recovery portion.
I also think he was trying to scare me into negotiating. The judge warned me about the extra court fees I'd have to pay and also said it would be unlikely I'd win if this goes to court because Gladstone are good at what they do.

He then basically forced me into taking ES contact details, he said have a think about it over the weekend and then get in contact with ES on Monday and negotiate. He didn't give any time limit on when we need to reach an agreement by.

Its still my position that I don't owe ES anything, however based on the judges comments I am going to negotiate.

Also from my experience I dont think the template defence is winning many judges over anymore. I think its probably better if Defendant’s draft their own defence and using that as a guide only. 
Thanks