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Residential lease Gladstones witness statement help please, Hearing in just over 2 weeks!

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Comments

  • aa5085
    aa5085 Posts: 53 Forumite
    Second Anniversary 10 Posts Name Dropper

    Should I include the parking eye vs somerfield re. inflated costs. At the end of the day somerfield lost despite their claim about illegality of parking eyes letters and inflated costs.

    If I should include it is there a link. I couldn't find an official one only links to law firms who summarise it.

  • Coupon-mad
    Coupon-mad Posts: 162,137 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    No. HHJ Moloney in Beavis already refers to Somerfield.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • aa5085
    aa5085 Posts: 53 Forumite
    Second Anniversary 10 Posts Name Dropper

    Hi there is an enquiries @ local court email address that I am sending this to as well as Gladstone's. Anything else I should do now? Maybe call the court and make sure they have received my email?

  • Le_Kirk
    Le_Kirk Posts: 26,446 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    You can use this to find the court email address: -

    Court Finder

  • Gr1pr
    Gr1pr Posts: 13,834 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Or phone them up and check

  • aa5085
    aa5085 Posts: 53 Forumite
    Second Anniversary 10 Posts Name Dropper

    Right so Gladstones have sent me their witness statement and somehow made it prior to the 2 week cut off.

    It has been filed by one of the senior solicitors at their firm. Has about 46 points in which they rebutted my defence. I have to admit I did not expect them to go into this much detail and obviously just means I need to prepare for each of their points. Some of their points seem strong but partly I may not exactly know as I don't have that legal background. My worry is they have produced a contract between themselves and the property management agency (this is a one page document but doesn't go into specifics) but obviously this is without consultation with me or I presume the majority of the other leasholders.

    One crucial thing I did notice was they mentioned the claimant (PCM UK) provides manages and enforces private parking at the land located at my property. In fact this is incorrect as they no longer do this due to the significant number of complaints from leaseholders as per email proof from the director of the rights to manage company for my block. Their contract was terminated in 2024 yet Gladstones are presenting this is as if they still have a contract with them.

    Gladstone have managed to submit my lease surprisingly as evidence. I didn't even know this was possible in that a parking company could obtain a legal document of mine through the old property management agency.

    I need serious help with some of the points in their witness statement? Would it be ok to post here and if some of the more experienced guys could help @Coupon-mad @Le_Kirk I really am fed up of these guys and want to nail them (professionally) in court

  • Coupon-mad
    Coupon-mad Posts: 162,137 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    "Has about 46 points in which they rebutted my defence. I have to admit I did not expect them to go into this much detail"

    Really? It's a template seen every time, tweaked slightly! It's not specially written. Search the forum for a phrase from it.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • aa5085
    aa5085 Posts: 53 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 25 March at 10:47PM

    No this doesn't seem to be all be a template which is slightly worrying, there may be some bits that are a template. In fact a lot of the points are tailored to my specific case and about 9-10 pages from one of their senior solicitors.

  • aa5085
    aa5085 Posts: 53 Forumite
    Second Anniversary 10 Posts Name Dropper

    I have attached Gladstone WS. Any help would be much appreciated on how to tackle some of these points. Its the last stretch and as I have put so much work into it I want to make sure I come out on right side of it.

  • Car1980
    Car1980 Posts: 2,895 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 26 March at 10:48AM

    No, that's the template. A lot of yours is a template too, so they've put in the usual arguments against. Yes there is the odd specific paragraph.

    Bear in mind anything can be rebutted in a court submission. If you say the sky is blue they will argue it is green and sound like they're the ones that are right. It's their job.

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