Gladstone solicitors ltd parking charge

Le_Kirk

Le_Kirk said:

Presumably you returned it to the e-mail address in force at the time for CNBC, so I would start with a phone call there.

Coupon-mad said:

I think that's going to be a waste of time. Probably he only plotted a few months ahead.  It is somewhat astonishing how many defendants do that, then book a holiday and don't do the obvious email, telling their local court to add the fresh 'unavailable date'.

So do I but if the OP doesn't try they will not know and, maybe they did put the correct dates in the N180!

tallac

I sent emails via my father's account so will have to check it via him. In all likelihood, I think the dates specified were probably only a few months out. My father booked the trip without even thinking about the court date (unintentionally of course).

Happy to request a court date change with the courts but asking Gladstone or the parking company to move the date is a pointless task especially if they know it would be an instant win without him being present.

A few questions:

1. Why is the claimaint able to not be present at the court date but the defendant cannot be?
2. If he wishes to ask the court about moving the date or participating via a phone call or video call, what's the best way to ask this of the courts?
3. If all of the above is a no go, then moving his trip may cost more than cost of forfeiting the case so what's the best way to "lose" the case with the least payout? E.g. is a pre-court settlement negotiation worth trying?

Happy with any other suggestions on this.

Coupon-mad

1.  The D could elect not to be present. But that way lies a loss, in our experience.

2. Email.

3.  No.  Better to ask Gladstones to consent to move the date.  They may well agree.

KeithP

tallac said:

1. Why is the claimant able to not be present at the court date but the defendant cannot be?

Another answer to that question is that the Claimant will be using a barrister or solicitor to represent them and in such a case the represented party does not have to attend.

You might consider the cost of hiring a solicitor to represent you as too high, in which case the Defendant must attend or run the risk outlined above.

tallac

Thank you for the advice. It turns out that the chosen court date is during a non-available period for an essential witness that was listed on the N180. We probably could have requested a court change on this basis but the worry is that we'd have to submit a whole bunch of new unavailable dates as other periods have now changed as well. So a new date could end up being even worse, not to mention it's puts plans with regards to my father's abroad trip in limbo so can't really plan things on that front either.

Long story short, my father's changed the flight dates (at a little bit of a cost penalty) so he can be available for the court date.

Coupon-mad

OK.  Remind us: is the WS bundle done?

tallac

Coupon-mad said:

OK.  Remind us: is the WS bundle done?

Not yet, I've got a few weeks before the deadline but prefer to get it ready early so planning to get that done in the next few days. Need to read through the sticky/forum advice on that stage as well so I avoid asking questions already answered 

tallac

I'm putting together the witness statement and using the examples provided in the sticky post. However, I have a few questions regarding this. Using the WS from the user @_blueberry_ as a template (link here).

My questions are:
In paragraph 34 it lists 2 mains issues. The one that is often used in other example witness statements is the one about Hidden Terms and the penalty clause being burried in small print. In this particular situation the parking sign looks like this:


While the charge amount is not burried in the small print, what is the suggestion for me to put in this paragraph where the claimant has fallen foul of those tests. My grounds for complaint are:
1. That a disabled Blue Badge was used and clearly visible.
2. There was no signs at the entrance.
3. The total duration was around 4 minutes, which surely falls well under any grace period to even read the sign.
4. The sign's small print is not legible or readable without a magnifying glass
5. The sign appears to have been amended multiple times with the amendment being stuck over the previous amendments.

With regards to assess costs:
I know it's rare to be awarded but both my parents will be at the court case (one was the driver, one was a passenger and thus a witness). Also, I will be attending as well for language translation. Can I list missed earnings for all 3 and travel costs for all 3?

Because one of my parents was a passenger in the car, should there be an additional section giving a witness statement from their behalf? Should this be inbedded in the same witness statement or a separate document?

And final question for now, the deadline for the claimant to pay the court fee is coming up in a few days. This is 7 days before the deadline for me putting together the witness statement. While I still aim to get the witness statement together, is it worth me stressing to add the polish to it given there's a chance they may withdraw the claim before the pay deadline?

Thank you again for the info.

Coupon-mad

Separate WS for both parents. Only they can ask for costs, not you as you are presumably not a witness, but speaking as their Lay Rep.

Yes - it's a good idea to phone the court between the date they had to pay the hearing fee and the WS deadline, to ask if the fee was paid, or is the hearing vacated?

tallac

Coupon-mad said:

Separate WS for both parents?

Thank you. The main witness statement of the driver contains all this usual template wording and reference to other cases. Should the passenger witness statement repeat all of this as well or can it just be a smaller document just covering the events for the witness.