Link Parking / Gladstones - unclear signage Court Defence by 23 July

Coupon-mad · 29 August 2018 at 10:48PM

Any company or service with a website, can be Googled with the words 'contact us'. Thought everyone knew that?

psdie · 29 August 2018 at 11:16PM

Thanks. Don't forget some of us are brand new to this - it wasn't obvious how to "contact the court" before actually assigned a court, and CCBC aren't a court AIUI, hence the question. Will get in touch with them, fingers crossed just a processing delay :think:

psdie · 6 October 2018 at 10:27PM

A quick update - my DQ eventually showed up online on 5/9 despite filing on 28/8. I received a Notice of Transfer of Proceedings from CCBC on 5/9 saying transferred to my local county court as requested, saying they'd contact me once allocated - but nothing yet a month-ish later (normal?).

I'm wondering if I should write to Gladrags and offer discontinuation if they offer a nominal compensation amount for the hours of stress and paperwork I've incurred (I'd expect this to at least the attendance allowance normally offered by the court). Partly to get this out of my hair, and partly because perhaps the court will appreciate my efforts to settle out of court?

Coupon-mad · 6 October 2018 at 10:34PM

Yes the delay is normal, that's the slow machine of the courts for you!

You could try your idea but you won't get them agreeing!

psdie · 6 October 2018 at 11:40PM

Thank you CM .. I don't mind if they don't agree, their loss (likely to be awarded more in court) - but do you think it's helpful for showing I've tried to reach out of court settlement?

KeithP · 6 October 2018 at 11:44PM

Why do you think suggesting to them that they pay you any money to settle will have any appeal to them?

They can discontinue anytime they wish without paying out another penny.

Coupon-mad · 8 October 2018 at 12:42AM

psdie wrote: »

Thank you CM .. I don't mind if they don't agree, their loss (likely to be awarded more in court) - but do you think it's helpful for showing I've tried to reach out of court settlement?

No because you can't show your 'Without Prejudice Save as to Costs' offer negotiations at the hearing, except when it comes to the matter of costs at the end.

psdie · 9 October 2018 at 1:01AM

Keith - thinking behind an offer at this stage is that if it's obvious they'll lose in court (given watertight Defence AIUI), and I make clear will be applying for costs if they discontinue at this stage without compensation (given the considerable time it's cost me), they may agree a sum now to avoid claim for higher costs in court.

CM - understood that wouldn't help the actual court decision - it's to help demonstrating Unreasonable Behaviour from them at the costs claim - refusal to negotiate out of court, after relentlessly pursuing a case clearly without merit (given they were provided with exonerating photo evidence at the very earliest stage of appeal).

If don't think it's a good idea, happy to sit tight instead!

psdie · 13 October 2018 at 6:45AM

OK, I've received Notice of Allocation to Small Claims Track from the court last week. The Judge kindly granted my request to stay the claim due to inadequate particulars, but Gladrags have filed amended particulars as instructed. A redacted copy is here.

Basically they state claim is on basis of breach of contract, because they'd installed signs at the site (literally in a hedge around the corner in the dark, with contradicting signage right next to the parking spot). The also claim "the Defendant was driving the vehicle", which is not and has never been admitted and they present zero proof - indeed my Defence states the primary driver of the vehicle at the time wasn't me, and I'm defending as Registered Keeper only. They mention POFA rights, so presumably only claiming under that.

The court letter sets out the following schedule:

~23 Oct = Amended Defence due
~6 Nov = Evidence doc copies due
~12 Nov = They must pay £25 court fee else struck
~20 Nov = Witness statement due
Mid Dec = Hearing date at County Court [fixed!]

My amended Defence is the first deliverable, due in ~10 days. Advice for this greatly appreciated - the original filed version is here. I will need to at least reflect that (presumably) accurate particulars have now been filed - does it change anything about how I should approach the Defence? I will state that they're put to strict proof as to the identity of the driver.

They mention "claims costs on contractual (indemnity) basis, pursuant to CPR 44.5, as the contract contains an expressed indemnity clause". I presume this is unenforceable as the driver never saw their obscured signage - but in principle does this mean that they want to try to apply for costs above the claim amount? Or perhaps this is referring to their £50 "Legal representative's costs", but no longer state an amount.

They also mention £50 damages for breach of contract - which appear to be a different sum from the original particulars, which had a lump amount for £160 for "Parking Charges / Damages and indemnity costs if applicable" - so presumably they're lowering from £60 to £50 for that aspect. All very unclear!

Advice welcome - thank you all

Castle · 13 October 2018 at 8:42AM

Paragraph 10-"claim for interest" makes no sense as it refers to a claim being issued on 5 August 2016!

Link Parking / Gladstones - unclear signage Court Defence by 23 July

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free