Defence help needed please! - County Court Claim Form from Gladstones Solicitors

KeithP

KevinTurvey said:

Will post defence here when prepared, and hopefully garner some advice.

But you filed a defence over six months ago - back in March.

Coupon-mad

You mean your WS bundle. Read the thread by @_blueberry_ with their great WS bundle (and they just won this week).

KevinTurvey

Ugh! - such a noob! . . . yes, I meant Witness Statement. I will read @_blueberry_ with interest! :-)

Will post back here with WS shortly!

Thanks again both.

KevinTurvey

Hi again,

Received a copy of the Claimant WS . . along with a letter stating that they will NOT be attending the final court hearing (pursuant to CPR 27.9 ??).

Their 'served and filed' statement has some listed points refuting my defence. Will get to the details of that maybe on a subsequent post, but for now I'm not sure of the implications from here . . .

Is this now likely to be thrown out (before a hearing) ?

Will I still need to attend court, but expect to see only a judge to give my account to ?

I'm nearly ready to send over my own WS, but can I amend it to include specific references to the points the Claimant makes in theirs ?

Thanks in advance as ever!

Coupon-mad

Yes you can. Yes there will be a hearing.

This is all normal.  Of course the parking firm don't attend themselves.

They always send a legal rep, as you'll have read about in all the Gladstones hearings accounts in threads that you found when searching this huge resource bank.

KevinTurvey

Understood - thanks again @Coupon-mad 

I have my WS more-or-less ready to go, 2 questions .. 

1. How can I get you guys to evaluate it without posting it all here for all/them to see?
2. When it comes to submitting my WS to the court, how do I actually do that?!

Coupon-mad

You post it here for all to see. It's fine.

You email it to the local court hearings email and Gladstones cc'd in.

KevinTurvey

Thanks. 

Part of the statement concerns the way in which the predominant and majority of the signage at the site shows Bransby Wilson and not Minster Baywatch as the manager there. I would like to include reference to Fairlie v Fenton, which seems pertinent to this point, but can't find a specific account of what that case specifically says.

I've read around as many of the relevant forum posts as I can, but can find only other references to FvF, not help in knowing how to include it in my own statement, or how to refer to the other cases that used it successfully.

Coupon-mad

You can just copy wording where people have previously referred to it.  Also Google it; you won't find a transcript but you will find Swarb or Casemine summaries.

KevinTurvey

Hi - OK . . have my WS ready to go . . . posting here for your thoughts before emailing to court and cc'ing solicitor . . .