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

Castle

stuart_c2023 said:

https://www.dropbox.com/scl/fi/4a9yqikg5hpd5zwwcwijw/Defence-and-counterclaim-240209-REDACTED.pdf?rlkey=uwsvvfdffc8afct9n6w9jx2fb&dl=0

Added a hyperlinked Table of Contents 

EDIT. The Judgement document has turned up in the post. Have until 4pm on 13th Feb to submit the Defence document, with all docs to be submitted by 12th March with court date of 15th May.

#The claimant must pay the Defendan't costs of this applicationin the sum of £275 by 4pm on 13th Feb. 

Presumably I'm OK to remove that from my schedule of costs above now?

Have you received this yet?

stuart_c2023

Castle said:

stuart_c2023 said:

https://www.dropbox.com/scl/fi/4a9yqikg5hpd5zwwcwijw/Defence-and-counterclaim-240209-REDACTED.pdf?rlkey=uwsvvfdffc8afct9n6w9jx2fb&dl=0

Added a hyperlinked Table of Contents 

EDIT. The Judgement document has turned up in the post. Have until 4pm on 13th Feb to submit the Defence document, with all docs to be submitted by 12th March with court date of 15th May.

#The claimant must pay the Defendan't costs of this applicationin the sum of £275 by 4pm on 13th Feb. 

Presumably I'm OK to remove that from my schedule of costs above now?

Have you received this yet?

Yes to be fair had a cheque for the £275 already 

stuart_c2023

Debszzzz2 said:

The "landowner contract" they have shown expired, after agreed extensions, on 21st January 2022. There is no evidence of any contract beyond that date. The alleged contravention occurred on 28th September 2022, 9 months after the expiry of the contract.

Thanks, yes I had seen that but left off forum on small chance Gladstones were aware of this and amended. If they are reading “I really don’t care as didn’t park in your car park anyway”😏

Coupon-mad

Oooh they are rattled by the counterclaim!

Certainly do not drop hands. THERE WAS NO REASONABLE CAUSE TO GET YOUR DATA!

Respond telling them to stop patronising you with rubbish presuming you don't have any experience of court and pretending that they can get advocate's fees on the small claims track. Their intimidation isn't working and merely adds to the layers of continuing vexatious and wholly unreasonable conduct.

Say : you and I know your client's claim is doomed because I was NEVER parked in the site you say I was, and I have provided CCTV evidence of my whereabouts.

You and I also both know full well that the CCJ obviously sent my credit rating plummeting and of course this caused immense distress, especially when your client actually caused me the detriment of refused credit, which I have proved.

You now have seven days to discontinue the doomed Claim and make me a fair three figure offer in excess of £200.

If you don't I'll happily submit further evidence before the 12th March submission deadline outlining my distress and attaching proof of the effect on my credit rating. To give you a bit of a cluebat, that proof is hereby attached... has the penny dropped now?

yours faithfully

stuart_c2023

@Coupon-mad Thanks for the feedback, it is truly appreciated.
Unfortunately (for this) I go on holiday on March 2nd till past the 12th March submission date so don’t see how I can conclude an exchange with Gladstones and file the necessary paperwork and get confirmation of payment and discontinuation in 5 working days. 

To be clear, I have no intention of taking the drop hands agreement and willing for it to go to court if needs be. 

Coupon-mad

OK how about NOW submitting a second WS attaching the proof of credit rating drop off a cliff - really short and sharp and a paragraph about the distress caused (lost sleep and loss of family time wasted on all this) and reiterating that the evidence is in your defence document.

Then email them saying what I said but pointing out your supplementary WS has been filed and served.  Give them till Friday 1st to offer settlement not less than £200.

stuart_c2023

Thanks, will get on it this evening

also just received Claimant Witness Statement.

 https://www.dropbox.com/scl/fi/4wq1dgsnmzzvpf15hto9z/D-wit-stat-Redacted.pdf?rlkey=rb7o6xvwbuxzaapvwz9grg84p&dl=0

Again misses the point I didn't park in the car park totally and refers to incorrect "agreement" with landowner.

They really don't like people using "generic arguments found on the internet" do they? Para 23.

Castle

I bet there's a right of way registered on the land title deeds for access to/from the water treatment plant.

Coupon-mad

stuart_c2023 said:

Thanks, will get on it this evening

also just received Claimant Witness Statement.

 https://www.dropbox.com/scl/fi/4wq1dgsnmzzvpf15hto9z/D-wit-stat-Redacted.pdf?rlkey=rb7o6xvwbuxzaapvwz9grg84p&dl=0

Again misses the point I didn't park in the car park totally and refers to incorrect "agreement" with landowner.

They really don't like people using "generic arguments found on the internet" do they? Para 23.

Your defence & counterclaim is about as far from a template as I've read in a long time!

Paragraph 28 of their WS is an hilariously wrong take on the CRA 2015 which they reckon doesn't apply because this (arguably) isn't a distance contract.  Doesn't matter! It's a CONSUMER contract, regardless.

stuart_c2023

Castle said:

I bet there's a right of way registered on the land title deeds for access to/from the water treatment plant.

Had confirmation from South West Water Estates. It's in Defence dcoument pages 4 and 5 with a nice line straight through the car park

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