Court Claim Received from HX & Gladstones

Worzel_

Thanks again @LDast that looks great

Coupon-mad

Do you know how to 'amend a defence' and that @LDast didn't intend that to be the whole defence?

LDast

Agreed. That is mainly the preliminary matter that needs to go in to point out the claimants failure to comply with the order. They have not shown that any contract exists between the driver and the operator.

Worzel_

Coupon-mad said:

Do you know how to 'amend a defence' and that @LDast didn't intend that to be the whole defence?

Ah, no I don't.

Le_Kirk

Take your defence as already submitted and, using your favourite word processor, strike out any text you don't want to use and add any new text in blue just to differentiate between old and new.

Car1980

I'm a bit concerned that you're defending against fresh air.

This is a gift. The contract they claim agrees between you doesn't mention anything about any charges other then the hourly charge whatsoever.

I'd be making a new paragraph 1, paste in their photo, and stating none of the facts stated in the claimant's particulars feature in the contract at all and that the case should be struck out.

All the other defence points can go afterward. Although there is an argument that that isn't even necessary.

Worzel_

Car1980 said:

The contract they claim agrees between you doesn't mention anything about any charges other then the hourly charge whatsoever.

So the contract here is whats on that green sign?

I've been on google maps looking at the other signs, they have some black ones but they don't mention £100 charge or any penalty either.

In any case I'm waiting for a family member to take actual photos of all their signage before proceeding.

Worzel_

I have my amended defence document here: https://docs.google.com/document/d/16DPNuW1olQsUSQP0Hp7nyJfWJDRhrZtRKceNUsoh50Q/edit?usp=sharing

Could anyone guide me what else I need to add to it.

You can see the old defence in Strikethrough and new defence in blue.

Question: did the new particulars remove the basis for point 5.4 in the old defence about them calculating interest?

Question: if the signs at the car park do mention a £100 charge does it undermine this defence, or is it still valid since it attacks the signage relied upon in their particulars (that do not show a £100 charge).

Coupon-mad

I think that's a good amended defence.

Make sure you don't miss your deadline to email it to the local court and cc in the solicitor.

Gr1pr

Let Gladstone's, the claimant and the court worry about those details you asked about 

Its for the claimant and their lawyers to prove their case and to satisfy the court, let them worry about it