Update: Won - Letter from Court received - Gladstones & HX Car Park Management

KeithP

Please re-read the guidance I posted on your thread on 30 March at 8:18PM.

Particularly this bit:

To file a Defence, follow the guidance in this post:
https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

In there you will find out exactly how to deal with the Claimant's Directions Questionnaire.
Following the heading: After filing your Defence, there is more to do...

Le_Kirk

Is it just Gladstones DQ or do you have a blank one of your own?  You do not reply to a DQ, you complete your own.  If you haven't yet received one, you can download it.  Follow the link that KeithP posted on 30th March and you will get to all the info about DQ's that you need.  Absolutely NO to mediation though.

Kim91

Update: Following all guidance on this forum, including the helpful witness statement examples, I got my hearing in court this morning. The case was dismissed. Neither HX Car Park Management or Gladstones turned up so the judge went through the paper evidence (defence and witness statements). Took the claimants' evidence as it stood and clarified a few points verbally with myself around signage. He then summed up and confirmed the claim was dismissed on the basis that the claimant had not provided adequate evidence of signage at the car park. The instead provided stock images, one of which didn't even reference the particular car park (which he highlighted as an issue). He didn't agree or disagree with the £60 charge, but did multiple times state that they could claim reasonable legal costs in line with CPR 27 and 45, and that other judges rulings don't mean he has to rule that. It seemed to me that this judge would have gone in favour of allowing the £60 as he didn't disagree with their claim for it and did state he was only held or influenced by a high court decision when it came to referencing examples from other cases. Although he commented on these points in the defence and witness statements, we didn't really discuss the £60 or abuse of process as he seems to just want to settle the case on the signage. The claimant also didn't help themselves as their witness statement alluded to a sign, but attached 2 signs, which the judge didn't seem to like and also the signs did state a £100 charge, nothing about £60 and the section for additional charges was very small and almost illegible. He didn't really touch on most of the points made, instead focusing on the signage which seems to be where he had decided the case lie and the most obvious area to judge it on.

In summary, he dismissed the case on the basis that I provided images of the signs at the time of the incident which states an all day charge with not other terms and conditions and the claimant was stating I had overstayed an hourly charge without providing evidence to support that. The signs provided by the claimant were unclear and the claimant had not provided images of signs in situ to prove there was a contract to be made. There was a fair amount to go through in terms of evidence which took a while, but in all I was there for 1hr and only answered about 4 questions from the judge to confirm his understanding of the situation.

Le_Kirk

Well done.  It is a shame (but fortunately for you not a problem) that judges, whilst they say they can only be influenced by a high court decision, don't have regard to the laws already in place such as all those pointed out by @Coupon-mad in her standard postings including POFA and the consumer rights act!  Did you get costs?

beamerguy

Well done ..........   Neither HX Car Park Management or Gladstones turned up
AGAIN ??   WHAT IS THE PROBLEM WITH GLADSTONES ?

What do YOU think of it so far HX ??

Kim91

@Le_Kirk It is, but I think he decided what he wanted to judge it on and didn't go into the rest. All of that was covered in my witness statemen and defence, but he didn't care to go into it. I didn't get costs as he said it wasn't classes as "wholly unreasonable conduct". He did say he could action costs relating to loss of earnings but would need evidence to support it and to be honest, for the hour of work I missed it wasn't worth the hassle and I wanted to just put it behind me as I have other matters going on. I did provide a cost summary in my witness statement but he said he would only honour loss of earnings and expenses (after checking his book as originally he said it wasn't recoverable, which I addressed).

@beamerguy Nope, neither turned up, they even waited 15 minutes after start time to check. To be honest Gladstones have been a farce, taking months to reply to e-mails and even addressing the e-mails to someone else!

Castle

Kim91 said:

Update: Following all guidance on this forum, including the helpful witness statement examples, I got my hearing in court . He didn't agree or disagree with the £60 charge, but did multiple times state that they could claim reasonable legal costs in line with CPR 27 and 45, and that other judges rulings don't mean he has to rule that. It seemed to me that this judge would have gone in favour of allowing the £60 as he didn't disagree with their claim for it and did state he was only held or influenced by a high court decision when it came to referencing examples from other cases. 

Except they are not claiming legal costs, the £60 are for debt recovery costs; two different things.

Kim91

@Castle Yes, but as I said, we didn't go into that so I didn't get to argue it or speak around it. 

Coupon-mad

Well done - ANOTHER GLADSTONES / HX ONE BITES THE DUST!

Gladstones are not sending reps to attend cases by telephone at the moment...I wonder if they have fallen out with Elms Legal/LPC Law etc, or whether they are simply saving money and relying upon winning a few anyway, based on the papers.

Were_Doomed

I presume it is a lawful decision, but if there's a hearing (whether in person, video or phone) and the claimant is a no-show, why shouldn't costs be automatically allowed for the defendant? And punitive unreasonable behaviour costs at that.