Claim Form | Gladstones | Premier Park Ltd - assistance required

KeithP

AxelMoney said:

Meanwhile Gladstone have written to my dad confirming it now being a defended claim and requesting that the directions form be completed.  I sent back the N180 back in July.  Presume that Gladstone are playing catch-up.

.It is not Gladstone's job to request you to complete a Directions Questionnaire.
Ignore that.

Coupon-mad

AxelMoney said:

The DQ was completed & sent to the court.  PPC have a copy too. 
Waiting for their next move. 

As long as your MCOL History us showing it was received?

AxelMoney

@Le_Kirk @KeithP @Coupon-mad

My MCOL history shows the N180 being received last week. I thought there would no harm re-sending it when Gladstone ‘chased’.  

I have email receipts of originally sending the DQ in July, with the corresponding acknowledgment email.  Not sure what happened here.

The latest update shows the claim being transferred to my local court.

Speaking as neophyte, this is getting serious.  Sad face. 

Coupon-mad

No it isn't!  WS stage next and we have a new silver bullet!

Search the forum for

witness statement 10.25% Chan

AxelMoney

@KeithP @Coupon-mad @Fruitcake

 Unfortunately after some inactivity/time lapse, PP have become entrenched in their position and served their WS.   

I am revisiting this after some time away and would appreciate a refresher/guidance on next steps.  My elderly dad, for whom I’m handling this for, has been hiding correspondence due to the stress.  Just discovered today, there is a court date listed which is 2 months away.

Please, please advise on what can be done at this stage?

Coupon-mad

Same as comes up when you so the search I said in 2023.  You'll have already found the CEL v Chan case months ago in 2023, I'm sure, and the many posts about Gladstones imaginary 10.25% interest.

Nothing has changed. Show us his draft WS. Here are two good ones for inspiration:

https://www.dropbox.com/scl/fi/r4mwn8o8v4zan29irld9a/Own-witness-statement-redacted-v5.pdf?rlkey=xg1no34dof56qf9h2w8a3nuzx&e=2&dl=0

https://forums.moneysavingexpert.com/discussion/comment/80830947/#Comment_80830947

AxelMoney

@Coupon-mad

Thanks I’m looking at the links provided & beginning work on the WS

On the facts of the matter, I’m not sure the WS I put together (with dad) will dissuade PP from continuing on to court. May even embolden them

Are there any other options at this point?

Coupon-mad

Did we get an answer to this?

If he needed more time due to a long-term medical condition and was accused of 'overstay' on the PCN, then please add in some details about why he needed more time under the Equality Act.  That's very important, if he had such a reason.

Don't forget the 10.25% interest if that was on the POC.  Please show us the POC.

Which court? Some are great and will likely strike the claim out based on Chan. Ten minute hearing, some are easy!

The only other option is making an offer but it would have to start with a 1 or 2 to be worth bothering because even if Dad lost at a hearing the sum ordered would be less than the claim.

About £200 for a single PCN case is normal from a Judge (altogether) and no CCJ risked. If this is 2 PCNs even if both were won by PP it would still be about £300ish if he lost both.  Sometimes one is allowed but not the other.

I guess the claim is over £450? Ludicrous.

Better to see it out. Around 99% here win.

AxelMoney

@Coupon-mad

Having read the PP WS, the salient points I think are as below:

PP won’t be attending the hearing & and would like the claim to be decided in its absence.   Does that mean their representation will still be there?  And can we elect to do the same and have the judge decide without having to attend?

They are accusatory, alleging the defence to be ‘deficient’ and also ‘generic’ likely gleaned from the internet.

Can assume from the above ‘rebuke’ PP intend to see the matter to court.  Still working on our own WS.  

Coupon-mad

Please show us the POC.

NOT THEIR WS. We don't need to read that again. Just the original POC please.

Which court? Some are great and will likely strike the claim out based on Chan. Ten minute hearing, some are easy!

A rep will still attend for PP, so DO NOT OPT OUT OF ATTENDING or you will almost certainly get walked all over in your absence (by the hired rep) and you will 90% likely lose.

Please just search the forum for an accusatory short phrase from that WS. It's a template. Discussed dozens of times.

Search and ye shall find.

Nothing is new here and most of your WS can be copied from winning ones.