Claim form horizon/Gladstones

Car1980

Not common to have the deadline for witness statements before the hearing fee but some courts do it. But it increases your chance of costs if they fail to submit a WS and don't pay the fee.

Gr1pr

Neither Gladstones or the actual claimant Parking company. ( Horizon. ) will appear in court ( if they pay the fee and continue. ), they never do

Jitterywreck

https://forums.moneysavingexpert.com/discussion/comment/82083087#Comment_82083087

Shame ! They were quick enough ringing my mobile daily 🤣

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82083035#Comment_82083035

You can submit a claim for a refund to the judge citing unreasonable behaviour if they do discontinue.

Coupon-mad

Same advice as just given here, only this one isn't Gs:

https://forums.moneysavingexpert.com/discussion/6629031/defence-for-dcb-legal-claim

In your case your wasted costs are more:

"had to arrange and pay for registered childcare for the day of the hearing so they best show up! I'm actually that peed off with their harassment and BS this past 2 years"

Attach your costs assessment and cc in the local court Enquires or Hearings email asking them not to vacate the hearing because you'll need to attend and the judge should at least hear wasted costs even if the Claim is unreasonably discontinued at the eleventh hour.

Car1980

Just be aware that it is not unknown for scum solicitors to send their WS to the court, but not the defendant in order to tease out a settlement when they next ring you ("oh yes, we have served you a witness statement and one to the judge, so the hearing will be going ahead. To avoid that we are willing to offer you this last chance payment…"

You may wish to wait until the 4th to see if they paid the fee since that is a clearer matter of record and then you'll have all your ducks in a row and then can write to the judge with multiple incidences of unreasonable behaviour.

Unfortunately the whole thing is very archaic and opaque and needs seriously modernising.

Jitterywreck

Thanks both! I did wonder if that may be the case (which is still against the court instruction), I have the automatic replies and evidence that my WS was sent to them and the court Well within the time frame. It's just headwork for the sake !

Gr1pr

Claimants and Gladstones deliberately dont attend for that exact reason, ( can't be cross examined )

The claimant may send a jobbing advocate

You can raise the late WS as a preliminary matter to the judge, at the start of the hearing

Jitterywreck

They are claiming that the late submission is my fault as I used a generic defence (sourced online) and that therefore they did not have sufficient time when they had my WS to complete their response ? I had nothing from them to build my WS, feeling really worked up and anxious about this now (they claim I submitted my defence on the 27th but in fact it was sent on the evening of the 26th! So already that is inaccurate!) But blaming me for their late submission 😱

Car1980

Don't worry. Gladstones are notoriously aggressive and 99% of what you have will be their usual template where they hypocritically accuse you of using a template within their own template.

If they're late they're late and there is no excuse. Blaming the defendant is a pitiful thing to try and put in front of a judge by a supposed professional solicitor.

First thing to do at the hearing is to ask the judge that their WS be inadmissible and by their own admission they are unable to follow a simple order from the court.