Judgement for Claim (in defalult) - PCM & Gladstones

MORB · 6 July 2018 at 4:51PM

The most tedious & banal saga continues......

I have just received notification that:

1) This is now a defended claim

The defendant has filed a defence

2) It appears that this case is appropriate to be allocated to the small claims track.

If you disagree fill in Small Claims in section C1 questionnaire and say why.

3) File with the court by x date.

Could someone clarify exactly what is happening now please? I have not raised the matter of cost further so I'm unsure as to what the significance of this letter is.

Thanks, once more, in advance.

[Deleted User] · 6 July 2018 at 7:24PM

Its not 100% clear and I cannot access your dropbox. Best guess is that:

1. you applied to set aside judgment whilst appending a defence
2. The judgment was set aside (but the case was not struck out)
3. The claim therefore remains "in play"
4. Any defence filed with your application is now adopted as the defence
5. The litigation now proceeds in the usual way - directions, statements and trial.

MORB · 6 July 2018 at 8:37PM

Ahh - Thanks @Johnesrh - I see.

So will PCM now have to pay small claim court fees?

Would it be advisable to object to the allocation to small claims track on the grounds that the claim is baseless and should be struck out?

Coupon-mad · 7 July 2018 at 12:38AM

No, the fact it is allocated to that track just means that's the right route for it, even if it's meritless! So small claims track is the right route.

MORB · 11 July 2018 at 10:50AM

Ok - understood.
Is there any sense in agreeing to consider mediation or should I answer no to this Qu. on the questionnaire?

Does anyone have any guidance/best guess on what to expect from here?

beamerguy · 11 July 2018 at 11:18AM

MORB wrote: »

Ok - understood.
Is there any sense in agreeing to consider mediation or should I answer no to this Qu. on the questionnaire?

Does anyone have any guidance/best guess on what to expect from here?

The problem with mediation is that it's an unknown
quantity and you will be relying on a person who probably
is not experienced in the parking scam.

Best to be heard in front of a REAL judge

nosferatu1001 · 11 July 2018 at 2:41PM

Yes, you can use the newbies thread to guide you throught ehe next stages - you MUST bookmark it! You CANNOT miss the important dates as htis is process driven. Miss an dyou lose.

Also if you do some reading around. Educating yourself on this is much better than being told it

Coupon-mad · 12 July 2018 at 1:28AM

Is there any sense in agreeing to consider mediation

No. Already covered in the NEWBIES thread in the 'what happens when' post by bargepole.

Does anyone have any guidance/best guess on what to expect from here?

Yes, you do! After reading the summaries by bargepole and LoadsofChildren123 in the NEWBIES thread, setting out what happens next.

nosferatu1001 · 12 July 2018 at 1:26PM

You also need to cover the LETTER BEFORE ACTION and respond

State you require them to cease and deisst from infringing your demised space, enclosing a copy of your lease showing you have rights to / otherwise own that space. Blank out anything sensitive. Leave in only the pertinent sections.

You give them 14 days to confirm they have ceased this and their current action against you (claim number .... ) before you will issue proceedings against them for torious interference with your lease, terespass against goods, etc.

MORB · 17 July 2018 at 2:52PM

Noted CM - I wasn't sure if the preceding course of events changed the course of those to come.

Having already sent off my own Direction Questionnaire, I have received the other side's and they have requested hearing the case on papers which I am going to object to. Does it need anymore than this?:

IN THE COUNTY COURT (xxxxxxxxx)
CLAIM No: XXXXXXXXXX

BETWEEN:

PARKING CONTROL MANAGEMENT ltd UK (Claimant)
-and-
XXXXXXXXXX (Defendant)

To the Court Manager,

Following my recent submission to the court of a completed N180 Directions questionnaire, I have received the same from the Gladstones Solicitors on behalf of the Claimant. In the form I note in section D1 the following:

!!!8220;PD27 (2.4) SEE REQUEST FOR SPECIAL DIRECTION AND N159.!!!8221;

This refers to a seperate letter received requesting that the case be heard only on the papers without the need for an oral court hearing. I would like to register my objection to this request and wish the case to be heard by a judge in person.

Yours sincerely,

Judgement for Claim (in defalult) - PCM & Gladstones

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