Court Claim - has the Defendant blundered?

Coupon-mad · 10 July 2018 at 9:54PM

Sounds like N244 is a non-starter then, better to take a chance in Court, and with the WS. I take it the WS part will only allow us to expand on this aspect, as opposed to bringing in the status of the space itself?

Strictly speaking the WS should stick only to the defence...

BUT!

this is small claims, PPCs ambush people with detail at WS stage so he can too.

If he is this disorganised, I worry, will he even tell you when he gets the N180 DQ form (don't let him fill that in himself!) and then later on, the Notice of Allocation with the dates (not just the court date, but also the date by which he has to get a WS and evidence in).

Everything from now on has to go both to the court and the Claimant. Sounds like you are going to have to take charge of this.

glosandy · 10 July 2018 at 9:57PM

"Sounds like you are going to have to take charge of this"
Yes, even step-dad's have their uses ;-)

[Deleted User] · 10 July 2018 at 11:42PM

Appreciate that there was some wording put in the online defence. Can you enlighten us as to what that actually says?

After all, it's all well and good trying to shore up the position with a witness statement, but not if the defence restricts your ability to present the case in the manner that you might otherwise have chosen to. The classic example being one document admitting the driver and another not doing so...

glosandy · 16 July 2018 at 7:38PM

Update on the Process:
Gladstones letter received (dated 13/07), notifying intention to proceed
Special direction requested to deal on papers
Costs for oral hearing would be disproportionate (!)
No mediation
Will listen to any genuine proposals

Checked MCOL, and showing as DQ filed by Claimant 16/07, with DQ sent to Defendant 16/07

Next steps:
We'll post the Defendant's AOS defence below
Await DQ to arrive, and then follow Bargepole's advice to complete

Cheers

glosandy · 16 July 2018 at 7:44PM

(Unsupervised) AOS Part Defence submission:

I have a severe stomach condition called Ulcerative Colitis, main side effects of this disease are urgency to use the toilet (diarrhoea) with both blood and mucus. being a member of David Lloyd I was on my way too the gym and was urgent to use the toilet with all my friends in the car. as you can imagine panic had set in as it was a decision to risk driving around the car park (which is usually full due to allowing people who work on the estate to park there) and potentially soiling myself in my car in front of
all my friends. (please for 1 second imagine how embarrassing as it happened in front of family but they are understanding) or parking where I was pictured.
My reasoning why I haven't responded is due to my health, as you can imagine I have multiple appointments a week. For blood tests and colonoscopies and sigmoidoscopies and test after test after
test. much of my personal life and duties have gone on hold. I am not condoning where I parked at all but I know that it would of been a worse case if I hadn't parked there. I have finally accepted the parking charge and will ONLY pay the £60 charge in question which I can pay next day.
The stress that this is putting my body under is not acceptable as the main trigger for flare ups in my condition is stress and I simply do not want another stint in hospital.

Soooooo... the Ulcerative Colitis is genuine and is as disruptive as painted above. Plan will be to use the Witness Statement process to reinforce the above, and add in the parking bay markings, signage etc. Then hope for a sympathetic judge!

Redx · 16 July 2018 at 7:45PM

edit the above and remove the punctuation errors

and ifs using an APPLE device , turn off "smart punctuation" to avoid these forum errors in future

glosandy · 24 July 2018 at 5:12PM

Update:
Directions Questionnaire received and completed.
Original returned to CCBC
Copy sent to Gladstones

Take it both of these will need to have proof of sending? (As opposed to Recorded Delivery etc)

KeithP · 24 July 2018 at 5:17PM

Send the DQ to the court to the same email address you used for your Defence.

glosandy · 12 September 2018 at 11:49PM

Update:

Notice of Allocation to the Small Claims Track, received today.
Court date is set as 13th November.
District Judge Ellery has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.
ORDERED THAT:
1. (Claim time & location)
2. Unless the Claimant does by 4pm 16th October pay the Court fee... then the claim will be struck out... also liable for Defendant costs.
3. On or before 27th September the CLAIMANT must send to the Court and the Defendant copies of all the documents he intends to rely upon at the final hearing. Bundle... Bring originals etc.
4. On or before 27th September the DEFENDANT must send to the Court and the Claimant copies of all the documents he intends to rely upon at the final hearing. Bundle... Bring originals etc.
5. On or before 11th October the CLAIMANT and DEFENDANT must send to the Court and to each other, copies of their own witness statements etc... comply with Notes etc.

So, it looks like were heading to Court... Reading between the lines, am I to assume Gladsones actually did submit a half decent DQ in time?

I'll start preparing the WS, the only thing I'm slightly confused about is the difference between points 4 and 5. Understand 5 is the WS, but what is 4?

As mentioned previously, the Defendant did their own AOS and royally messed it up. I was looking to take advantage of the WS and expand on the points I think are winnable - there was going to be a lot of supporting documents such as medical letter, signage photos, library of photos of cars using this space etc. Is this relevant to point 4?

Coupon-mad · 13 September 2018 at 12:09AM

So, it looks like were heading to Court... Reading between the lines, am I to assume Gladsones actually did submit a half decent DQ in time?

No idea why you are reading anything into a perfectly normal, expected stage. You were already heading to Court and this is just standard.

what is 4?

The evidence. Your supporting documents such as medical letter, signage photos, library of photos of cars using this space etc.*

Even though the Judge has given you longer for the WS, we recommend that evidence actually accompanies your WS - all of it to be filed & served before 27th Sept.

If the Claimant's WS and evidence discloses anything new, you can then send a supplementary WS before 11th October if need be to add anything to reply to any attempt to ambush you.

Not that it's hard to guess what a PCM Gladstones WS will look like and you should spend a few days searching the forum for those keywords (in bold) and reading some of the drivel from PCM that people have linked in their winning threads already, so you know what arguments it will rely on, and cover them in your WS and evidence!

*why do you intend to file photos of cars using the space? Is it one of PCM's efforts where they set up drivers with what LOOKS like an unmarked 'layby' for parking, and then Mrs Sunglasses (or a similar version of her!) scuttled out from hiding to photo a car stopped for one minute?

http://parking-prankster.blogspot.com/2016/12/heath-parade-graham-park-way-scam-site.html

http://parking-prankster.blogspot.com/2017/05/pcm-lose-heath-parade-claim.html

http://parking-prankster.blogspot.com/2017/01/pcm-uk-lose-case-on-heath-parade-scam.html

Well known PCM 'outrageous scam' conduct (as per the Parliamentary debate on 2.2.18:

https://forums.moneysavingexpert.com/showthread.php?t=5787731

https://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Tell your friend the Defendant to read all the links and to watch the video in full to understand the scam is not new, and to give them confidence.

Parking Prankster Blogs can be used as part of your evidence v PCM as well, you know. Just don't follow any links on his website (except the case law pages of transcripts of similar cases) only read his Blogs and case law and nothing else.

Court Claim - has the Defendant blundered?

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