Gladstones/LPS - County Court Claim

Coupon-mad

Hmmm...it more or less has the 9(2)f warning, but doesn't have the words from elsewhere in para 9 that says they must tell the keeper to 'pass the notice to them' (i.e. the driver).  Minor point but throw it in!

More important will be to pay Land Reg £3.50 or whatever, for the title register for that exact parcel of land, to show that the common land of the car park area is not actually owned by the antiques firm at all, as others have said.  If a PPC can't show authority flowing from the landowner (not just some random shop) then most Judges would consider their case scuppered.  At the very least it's a BPA CoP breach.

pkul01

Thanks Umkomaas, Castle and Coupon-mad - regarding the leaseholder link to look at.
Attached is the Title Register for the car park land. Had to pay £6.00 (for title and plan) twice as there were two entries with the same address. Anyway, Ashford Antique Ltd is not shown as owner.
As Coupon-mad says, the Claimant has not shown authority flowing from the landowner to the Ashford Antique Ltd.
Coupon-mad: Even the NKT point for 9(2) is minor I am going to add into WS and state that the NTK is no compliant with Schedule 4 of the Protections of Freedom Act 2012 .
I have finish preparing the WS, Supplementary WS with our evidence attachments and Summary Cost Schedule and post - hopefully later tonight. Perhaps there will not too many comments/changes from you excellent people and I can file electronically by court mandated date Wed 20 May 2020 (14 days prior to hearing still scheduled for 03 June 2020).

Coupon-mad

 Had to pay £6.00 (for title and plan) twice as there were two entries with the same address.

Download proof of payment and add it to your costs assessment.

pkul01

OK, I have attached:

a) Revised WS (main changes shown with yellow highlight). The attachments will be the Exhibits referred to as Exx in WS (13 attachments). I can attach these if you need them.
b) Supplementary WS (this will have 11 attachments including the struck out Orders)
c) A Table of Contents (in preparation for the COVID-19 covering email to send to the court)
d) Summary cost schedule (assuming hearing actually takes place but if not the Court still should make claimant pay for the preparation costs)
e) A Draft COVID-19 covering email that will have the suggested attachments which will already be attached to the WS and SupplmtryWS
f) Draft Order to attach to the COVID-19 covering email
As I said earlier, I have not attached the attachments in case of size limitations (and some have been attached in my previous posts). However, if needed let me know.
Look forward to your comments/suggestions.

D_P_Dance

I love it, £803 unreasonable behaviour costs, I will bet they wish they had not bothered you.  

Umkomaas

D_P_Dance said:

I love it, £803 unreasonable behaviour costs, I will bet they wish they had not bothered you.  

The fat lady hasn't reached the last verse yet DPD. 🎶 

Coupon-mad

This agreement is the Landowner’s witness statement that has been signed on 28 August 2017 by an erstwhile Director of the Antiques Centre,  Landowner,  named Ms Jillyan Read.  on 28 August 2017 The Antiques Centre is not the owner, despite the assertion in the Claimant's Witness Statement.

pkul01

Thanks everyone...have just completed the changes and collating the documents. Will get my father to sign and date the WS, Supplementary WS, Summary Schedule of costs and covering letter that I will attach to email in which the contents of the letter will be copied.
I plan to file the WS, SWS and attachments later tonight and also send the COVID-19 covering email .
Then I will send same to Claimant so likely be around 23:00 tonight.
The filing with the Court needs to be done by close of business tomorrow, Wednesday 20 May 2020 so could leave it till then but as usual there could be a problem with the internet - hence filing tonight!
Will keep you updated when I hear anything back.
PS....If the judge does strike out the claim, given the time spent (over 45 hours) in preparation could the 35 hours (as in costs schedule) spent on the unreasonable behaviour (totalling £665 +£12 for title registry search costs) asked to be ordered to be paid by Claimant?

Le_Kirk

You can only claim costs for the defendant.  No reason why Dad could not have done all this research himself!  If you are Lay Rep at a hearing you cannot claim costs.

pkul01

Oh dear.
The County Court confirmed yesterday that the WS can be filed electronically. Just did this with the WS and Supplementary WS along with referenced Exhibits. Now got a confirmation that the email has been received BUT if the email size I greater than 10Mb, the attachments will automatically removed and the documents have to be sent by post or DX. Even though they said the WS can be filed electronically.
Means that the WS (about 5.45Mb) will have to be sent first and then the 14 Exhibits sent in 3, 4 or 5 emails. They could end up not being "together" with the judge.
The same will go for the COVID-19 covering email.....there is no way that one PDF containing all the WS & Exhibits, etc will fit into an 10Mb email.
I plan to try and call the Court Wednesday morning but previously nobody answered the phone. I think I will have to send multiple emails ):