PCM/Gladstones Court Claim

Coupon-mad

Looks fine, except remove this unnecessary 'excuse':

"due to lack of available street parking"

Re your other question, leave the defence template as it is.  In it, I don't talk about the fact PE paid the landowner £1000 per week so it's not a hopeless point of defence.

Cases are often won on 'no landowner authority'.

Le_Kirk

8. The Defendant does not accept fault or liability as, at no point, has a legally binding contract has been entered into with the Claimant, whether express, implied or by conduct. Crucially, the signage, such as it is, ...............

Flows better in my opinion but feel free to ignore.

DrAculaGonzo

Thanks all, changes incorporated. Is 'enquiries@gladstonessolicitors.co.uk' the right email address for Gladstones?

DrAculaGonzo

also, in terms of asking for costs - am I limited to asking for some statutory dictated values or is this linked to earnings?
I.e. I have had to invest quite a lot of time into this defence, if it goes to court can I recover only nominal amounts or actual loss of earnings based on my income level?

DrAculaGonzo

Guys, quick question - a month on and I have not heard from court or claimant. Is there a timeline within which I should have received some docs/notifications? Thanks.

KeithP

DrAculaGonzo said:

Guys, quick question - a month on and I have not heard from court or claimant. Is there a timeline within which I should have received some docs/notifications? Thanks.

Nothing at all?

Did you get an automatic email receipt when you filed your Defence?

No letter from the CCBC saying they have sent your Defence to the Claimant?

Have you looked at your MCOL Claim History?
It should say something like...

Your defence was received on dd/mm/yyyy 

...if not, you need to urgently query this with the CCBC - phone number on your Claim Form - and be prepared to resend your Defence while on the phone to them.

DrAculaGonzo

KeithP said:

Nothing at all?

Nothing

KeithP said:

Did you get an automatic email receipt when you filed your Defence?

Yep, I got that.

KeithP said:

No letter from the CCBC saying they have sent your Defence to the Claimant?

Nope, nothing.

KeithP said:

Have you looked at your MCOL Claim History?
It should say something like...

Your defence was received on dd/mm/yyyy 

...if not, you need to urgently query this with the CCBC - phone number on your Claim Form - and be prepared to resend your Defence while on the phone to them.

Yep, I looked in MCOL and my defence has been recorded as filed and there is no further updates

So, back to the question - should something have happened by now?

KeithP

Wait patiently.

You are currently safe. The ball is with the CCBC.

The next thing to happen is you'll receive a letter from the CCBC telling you that they have sent your Defence to the Claimant.

DrAculaGonzo

Right, finally got the N180. Am I filling it in as per guidance below and sending scanned version via email to court and claimant?

·        A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

·        B = fill in all the details, name, address, etc

·        C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

·        D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there

·        D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

·        D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

·        D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).

It seems to relate to an older version of the form, but essentially the only differences are:
1) there is a new D1 question
2) All of the old D questions are E questions
3) There is an E5 question, but that may have always been there - it's simply very specific to a person so not subject of guidance on this forum
I'm sure you all know this, but maybe someone (as thick as me) will find an acknowledgement of this fact useful.

On the new D1 ("Do you consider that this claim is suitable for determination without a hearing (...)?) - what should I say to that? 
In relation to this I have found the following comments somewhere on the forum. Given that Gladstones are the claimant in my case - do I say No and in comments put the text suggested below? 

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Thanks a million.

KeithP

This thread - New Questions on the N180 Form - should help.