Claim Form - Template Defence - Feedback please - ANOTHER ONE BITES THE DUST

Coupon-mad

Is that a Gladstones POC?

Like I said, this is very easy to defend:

use the hharry100 defence with CEL v Chan images.  See the link in the Template Defence.

h1994b

Yes Gladstones. Thank you, I will take a look and will put my defence together 

Le_Kirk

nopcns said:

If the NtK does not show the address or there is any ambiguity of the location of "relevant land", then it is not PoFA compliant and as long as you do not identify as the driver, cannot be liable for the charge.

h1994b said:

In para 2 I have included that the defendant was the driver. 

According to the OP's first post, the driver is identified - that can of course be changed.

Coupon-mad

But there's no point because Gladstones cases go to hearings and the OP will give a better witness account as driver, IMHO.

h1994b

Hi everyone,
a bit of an update on this case and I’m looking for any advice please. This is going to court on 19th February 2025.

I have received an email from Gladstone's today, it reads:

“ We act for the Claimant in the above matter.

Please find enclosed, by way of service, the Claimant’s Witness Statement. We confirm the statement has been filed at the Court.

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the upcoming hearing.

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.”

Will they be penalised for not showing up?!… I hope so!

I have attached their defence which says that I essentially copied and pasted mine from the internet. Will I be pulled up for this? Any ideas on how to prep for court please? 

Coupon-mad

But that's what happens and is what they say in every Gladstones case. Read half a dozen. You need to be prepared for what to expect and how to counter that. This isn't new.

You haven't yet asked us for help with finalising your own WS & evidence bundle. Standard stage explained in the NEWBIES thread.

What's the hearing order deadline for WS?

h1994b

Thank you, I need to go and read the newbies thread again. Deadline for WS to be sent to the other party & court it 14 days before the hearing so 5th Feb

Coupon-mad

Recent good WS are by:

@Harry77

@Defendant911

@imulsion

but you do need to read the guidance in the NEWBIES thread as it lists the usual Exhibits to attach to a typical WS.

h1994b

Hi everyone,

I had the hearing today and… I WON!!!! 

Just wanted to say a big thank you to everyone on here who has helped or pointed me in the direction of getting help. I’m not the brightest spark (sometimes known as a dumb blonde!) and certainly don’t understand all of the legal jargon but I used the template defence and used parts of the witness statements you referenced to put my own together. 

I thought putting my version of events on here might help someone else… 

Firstly, Gladstones didn’t even turn up so Minster Baywatch had no one there to represent them. 

The court (Norwich county court) was running 20 minutes behind so that didn’t help my nerves. It was just me and the judge. For some reason he didn’t even have a copy of my witness statement or evidence bundle infront of him even though I had emailed it to both the court and the solicitor. I do wonder if I should have submitted a hard copy(?) 

From reading other stories on here, I thought he might have focused on the poor signage but instead he focused on the alleged “breach” not being clear in the particulars of the claim. The CEL v Chan case was particularly helpful and he said it was persuasive!!

Coupon-mad

h1994b said:

Hi everyone,

I had the hearing today and… I WON!!!! 

Just wanted to say a big thank you to everyone on here who has helped or pointed me in the direction of getting help. I’m not the brightest spark (sometimes known as a dumb blonde!) and certainly don’t understand all of the legal jargon but I used the template defence and used parts of the witness statements you referenced to put my own together. 

I thought putting my version of events on here might help someone else… 

Firstly, Gladstones didn’t even turn up so Minster Baywatch had no one there to represent them. 

The court (Norwich county court) was running 20 minutes behind so that didn’t help my nerves. It was just me and the judge. For some reason he didn’t even have a copy of my witness statement or evidence bundle infront of him even though I had emailed it to both the court and the solicitor. I do wonder if I should have submitted a hard copy(?) 

From reading other stories on here, I thought he might have focused on the poor signage but instead he focused on the alleged “breach” not being clear in the particulars of the claim. The CEL v Chan case was particularly helpful and he said it was persuasive!!

Nice one - good old CEL v Chan!

Yay, well done!

As you say in your edited thread title: AOBTD.  Hooray!

Have you done this Enquiry yet? Please please do, it is easy to submit answers online, and some evidence:

https://forums.moneysavingexpert.com/discussion/6481628/justice-committee-inquiry-into-the-county-court/p4

PLEASE tell the full story of this sorry saga to the CJC this week, now (Sunday) as your case is good evidence.  You can only attach a Word document to submit evidence but you can put images on a Doc.

The main point to make is that the CJC and MoJ MUST step in and stop parking firms from ruining good people's lives and peace of mind, putting their credit rating and risk and dragging them to court only to NOT EVEN TURN UP and having used Particulars of Claim so woeful that a Judge just strikes the claim out in minutes.  Why is court time being wasted on thug PPCs?

Enquiry closes on Friday so this is a job for this weekend if you can.  This WILL make a difference.