Challenge Default Judgement : Premier Park Drop Case. Counterclaim denied.

stuart_c2023

Thanks @Debszzzz2
I’ll have a read into that and maybe hyperlink the reference court cases, with view to send them in separately before March 12th.
Phoning the court has proven impossible so far and have requested call back to pay fees via email which hasn’t been answered 

Coupon-mad

I think you might have to send them a cheque or a crossed postal order, if you are trying to pay for a counterclaim?

stuart_c2023

Coupon-mad said:

I think you might have to send them a cheque or a crossed postal order, if you are trying to pay for a counterclaim?

I had an email from the court saying they could take a card payment over the phone. Hopefully get the call tomorrow .

@Debszzzz2 , Looks like you were right and need to do some pruning. 
STRIKING OUT A DEFENCE: FONT SIZE, LINE SPACING AND A MAXIMUM PAGE LENGTH ORDERED: PLEADINGS THAT “TEND TO OBFUSCATE RATHER THAN CLARIFY THE ISSUES” – Civil Litigation Brief
. 

stuart_c2023

https://www.dropbox.com/scl/fi/lprdqfjn366zetoxxk3h0/defence-and-counterclaim-240211.pdf?rlkey=ms9noxtyw4s40sl6mv3hk5j9q&dl=0

Only about a dozen pages of text along with the photographic evidence 

Coupon-mad

I suggest a few tweaks:

4 'and the Claimant - who has no prospect of success and has acted vexatiously throughout - is urged to discontinue now and settle the Part 20 Counterclaim,'

22a seems to be repeated just before 23?

36b surely you haven't applied for and won't qualify for help with fees?  That bit in brackets should instead say 'plus a hearing fee if applicable, in the event that the Claimant discontinues and leaves the Part 20 Counterclaimant to pay for the hearing'

The statement of truth needs to say 'this defence and Part 20 Counterclaim are true'

stuart_c2023

@Coupon-mad , thank you again 

stuart_c2023

Shouldn't have relaxed. Fou hours before deadline court telling me can't take payment till filed a N211 form, which is relatively straightforward. Would the Brief Details of Claim be any more than below.

This counterclaim is for damages for distress caused by the Claimant's multiple breaches of the DPA 2018, GDPR 2018, and clear breach of the ICO Code of Practice on Surveillance Cameras which forms a mandatory part of the BPA Code of Practice regarding use of ANPR, which can only be used in a fully enclosed site, unless extra ANPR cameras are placed to exclude those accessing other sites

The Defence evidence in K8GF1J0W defence and Particulars of Part 20 Counterclaim 240212.pdf attached show that the claim is entirely without merit and the Claimant who has no prospect of success has acted vexatiously throughout. 

Coupon-mad

Yes that's fine.

stuart_c2023

Received an email from Gladstones. I have acknowledgement of receipt from Court for Part 20 and payment so presumably this is a standard email as court not got around to processing?  

We act on behalf of the Claimant/Part 20 Defendant. 

We acknowledge receipt of your email dated 13th February 2024.  However, it appears from your email that the Part 20 Claim Form has not yet been issued by the Court.  In the event the claim has been issued, we enclose by way of service, Acknowledgement.  We confirm a copy has been filed with the Court.

Coupon-mad

Looks right. They now have to defend the Counterclaim.

Be ready for the possibility that Gladstones discontinue the Claim itself before the hearing. If so you gave to be proactive and pay the hearing fee to have the CC heard.  Gladstones won't tell you that of course.