Pulse colindale victory - the saga continues..

FUKCPM

Hi guys,

Another day another dollar - much longer than the last one but the VICTORY was ours!!! 

Fruitcake

Well done. Once you have come down off the ceiling, would you give us a court report, as detailed as possible? If you don't mind, and if you think it will help others, please include the case number, the court location, and the judge's name along with your title and first (surname) initial. 

Umkomaas

Very well done. Perhaps you'd be good enough to let us have some more detail - as per @Fruitcake's request above, please. 

FUKCPM

Of course - it was intended to be at Willesden County Court but despite no prior notice it was moved to a video-call so I instead I sat in the car - the claimant's solicitor (sat in an office somewhere up North) was aware of this change however which is odd!

DDJ Crowe was the judge and he was a very pleasant and polite man. He had read my Witness Statement and began by asking if I had managed to read the recently lodged 150-odd page Trial Bundle in advance of the case. I admitted I hadn't but that I was quietly confident of my position and so did not feel the need to read more than the original WS sent by them.

He took note of me asking for the case to be struck out given a previous case, and said he would listen to my reasoning, despite no formal application being made. This failed, as despite me providing the case number, which the claimant said they had no recollection of, I had not provided the documents in advance and my court order was not sufficient as the DDJ was not clear that the cases were indeed identical. I said I thought the case number and order would be enough but he said he needed to see the particulars of claim as well as other court papers. This also caused me to fail in receiving any unreasonable costs as he could not prove that the claimant had acted unreasonably as the previous case may have significantly differed from this. He did advise me to provide all documentation in advance of the next case and that then I would have more grounds to claim unreasonable costs.

When the case began the claimant's solicitor said perhaps the case should be bundled with the next case as until that point he had not been informed of a previous case or a future one and so felt that they should be heard together. I think he had realised he had lost before it began and was attempting to prolong the inevitable. The DDJ said he would instead like to hear the case presented to him in full as he was in a position to make a judgement. The second time the solicitor argued this point he was far more firmly rebutted.

The DDJ then asked the solicitor to present his case which he did. The crux of which being 1 count of not parking in marked bay and 1 count of not displaying a valid permit. I was then asked to respond to which I said neither of this applied to me given no mention in my lease. The solicitor was then allowed to question me which he did by pointing out the picture of the sign and asking if I had seen it before, if I understood the terms, and if I accepted that I was in contravention of them. I said yes to all of them but restated that none of this applied to me.

The DDJ noted that he realised too that I was responding to a hypothetical scenario and that the solicitor was within his rights to question me in such a forthright manner. He then pointed out that I had made clear that none of this supersedes my lease to which the solicitor said the landlord had a right to alter parking within the development.

The DDJ then made his decision noting that my lease said that I had both a right to use the Residential Common Parts and that my space was allocated to me. The landlords supposed alterations made no benefit to me and the parking contract offered was not providing something I already had a right to. DISMISSED!

FUKCPM

P.S. last time round I got a tenner for costs but this time I got nothing. The judge said my travel costs should not be borne by the claimant as it was a video call and not there fault and that printing and postage costs did not apply. Not happy about that!

P.P.S in the Claimant's WS they argued against drafting and writing a defence costs alleging that I had likely copy-pasted it and that there it was unlikely I understood CPR and case law  - DDJ was appalled by this and said another judge would have awarded costs based on this alone (not sure why he didn't). I laughed and retorted that copy and paste is precisely what Gladstoness do and if it came to understanding then they wouldn't be lodging a case to begin with.

Coupon-mad

Brilliantly done.

What a complete waste of your time though, and lesser mortals would have paid ages ago, to make it all go away.

How many identical claims has this bulk litigator brought against you for the same location & arguments? Three?

FUKCPM

Thank you for the kind words @Fruitcake @Umkomaas @Coupon-mad - would and could not have done it without you and the wonderful members of this forum!

In total I believe they have brought 5 cases and numerous tickets against me for this - sadly 2 were paid by my sister, as well as a few PCNs. Whilst I was living abroad, she felt that she didn't check my post regularly enough, and so panicked when she thought the alternative was a CCJ. I intend to get all this money back at some point.

In terms of the other 3, 2 have been victories and 1 is due next month - I intend to send the order and particulars from this case in as Supplementary WS in the hope that no further time is wasted - having said that I quite enjoy court proceedings - I've been told many times I should have studied law though the thought of me being a lawyer they find less appealing haha!

Any ideas for either or both of the above pending issue would as usual be greatly appreciated!

patient_dream

Firstly, well done, you spanked Gladstones. No surprise for the invenrors of the great IPC/IAS scam

You have done well so far and if the cases are identical you will continue to spank Gladstones

And if your sisters cases are the same and you want get the money back, you should issue invoices just like the IPC money scammers do. Of course Gladstones will ignore but a Letter Before Claim giving 30 days to pay or you will issue a court claim
A claim will only cost £35 

Remember, Gladstones decided to enter the scam industry, a once respected family business that decided to make money from scamming people

Grizebeck

The reason they knew it was a video call as they have access to court serve

FUKCPM

Good afternoon all,

Hope you're well!

So I have another case tomorrow, for which I was awaiting the judgement of the previous for so I could submit it as Supplementary W/S. I was hoping this would both speed up proceedings and to display an abuse of process/unreasonable behaviour.

I had only received it last Friday so intend to instead take it with me as well as the Trial Bundle from the previous case to show the Judge as soon as proceedings begin.

If anybody has any suggestions or better ideas please do share them with me as my intention is for this to be the one that produces a large sum in compensation and for it to be the last time my time is wasted.

Cheers!