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my draft defence Gladstones - PCM Court action

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  • Umkomaas
    Umkomaas Posts: 41,256
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    one_cruzer wrote: »
    Any updates on this?

    Click on Sassii's username, click the Statistics box in the drop down, then click on 'Threads started by Sassii'. You'll read some great tales.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Sassii
    Sassii Posts: 251
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    edited 13 November 2018 at 11:17PM
    Coupon-mad wrote: »
    Yes!

    Object to BOTH requests, the Claimant has had ample time and cannot move an individual Defendant away from his/her local court.

    Hi All

    letter / application served to court objecting both pcm application for extension of time and court transfer but heard nothing from the court up to now.

    in the mean time the court granted extension of time for 44 days from pcm application date but the court order received one week before dead line date.

    pcm again didn't comply with the extension of time court order and missed dead line date and didn't submit any application.

    A week after dead line the court received another extension of time application from pcm as per the link below.

    http://www.keepandshare.com/doc16/view.php?id=21782&da=y

    Of course Gladstones tried to mislead by not explaining that they requested for transcript one month after court order requesting that on 07/08/2018 and why they didn't submit the 2nd extension of time application before dead line date.

    Could please help of how to reply for that application. I'm preparing a letter / application to court refuseing Gladstones application and will ask for hearing but your help and ideas will help more as usual.

    Regards
  • DoaM
    DoaM Posts: 11,863
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    edited 14 November 2018 at 8:54AM
    Make sure you keep all this as ammunition for your punitive costs claim ... this is unreasonable behaviour. If the court grant another extension I'd be wondering what was going on - Gladstones are supposed to be a professional company so shouldn't be needing to apply for further extensions.
  • Castle
    Castle Posts: 4,158
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    Sassii wrote: »
    Hi all

    Now the court ordered pcm to serve a skeleton argument and transcript of set aside hearing. Also court stayed the set aside order order. pcm one day before serving due date asked the court for time extension and transfer the case to another court. do I need to ask the court to reject pcm requests specially transfer the court to other court as it will disadvantage to me if the appeal heard in court away from my home.

    Regards
    Is this the same Order Gladstones are claiming not to have received until 26th October, but you knew about it by the 28th September?
  • Sassii
    Sassii Posts: 251
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    Castle wrote: »
    Is this the same Order Gladstones are claiming not to have received until 26th October, but you knew about it by the 28th September?

    No, there are 2 court orders:

    1st court order dated 07/08/2018 ordered pcm to file transcript of hearing & Skeleton Argument by 21/09/2018.
    pcm asked for for transcript on 10/09/2018 one month after court order.
    pcm asked for time extension on 20/09/2018.
    2nd court order dated 24/10/2018 granted time extension up to 02/11/2018.
    pcm asked for 2nd time extension on 05/11/2018 received by court on 09/11/2018.
  • Castle
    Castle Posts: 4,158
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    I'm confused as Gladstones keep referring to a hearing on 4th January 2018 but there's nothing on this thread about it.
  • Sassii
    Sassii Posts: 251
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    edited 14 November 2018 at 12:16PM
    Castle wrote: »
    I'm confused as Gladstones keep referring to a hearing on 4th January 2018 but there's nothing on this thread about it.

    Go back to post 142 of this thread.

    pcm tried to set aside costs order against them, so hearing for that was on 04/01/2018 which was dismissed and Gladstones wanted to appeal that. so court asked them to get hearing transcript for that trial to consider Gladstones permission to appeal request.
  • Castle
    Castle Posts: 4,158
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    Sassii wrote: »
    Go back to post 142 of this thread.

    pcm tried to set aside costs order against them, so hearing for that was on 04/01/2018 which was dismissed and Gladstones wanted to appeal that. so court asked them to get hearing transcript for that trial to consider Gladstones permission to appeal request.
    Thanks...I think the other hearing on the 11th January which you referred to in posts 121 and 124 confused me.
  • Sassii
    Sassii Posts: 251
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    Hi All

    that is the draft I'm going to file to court in reply to pcm 2nd extension of time application. Do I need to write that on N244 form or a letter will be enough.

    Could please someone review that letter and give me his opinion.


    IN THE COUNTY COURT AT xxxx
    CLAIM NO: xxxx

    B E T W E E N:-


    PARKING CONTROL MANAGEMENT (UK) LIMITED
    Claimant

    and

    xxxx
    Defendant
    _____________________________________________________________

    Defendant’s request to refuse Claimant’s 2nd extension of time application and permission to appeal request for Claimant non compliance with court order dated xxxx and previous court orders
    ____________________________________________________________

    I am xxx and I am the Defendant in this matter. I received a court letter dated 13 November 2017 along with the Claimant’s 2nd extension of time application N244 dated 05 November 2018 which signed on 06 November 2018 and received by court on 07 November 2018.

    Claimant missed to say in his application that he did not act promptly in according to the court order dated 07/08/2018 as Claimant 1st asking for transcript was on 10 September 2018, one month after court order and that is why he failed to get the transcript on time not as he claimed because the granted extension of time order dated 24 October 2018 gave him only one week to comply with the order while this order gave Claimant 44 days to comply from Claimant extension of time application served to court on 20 September 2018.

    Claimant as well did not explain in his application why he failed to serve his 2nd extension of time application to court before dead line due date 02 November 2018 as stated in extension of time granted order dated 24 October 2018.

    The Claimant and his solicitor Gladstones are known to be a serial wasters of court times and resources and behaving unreasonable as well, Defendant rely on this case in question and on case no. E4GF4771 at Central London County court between same Claimant v Mr. Nilesh Tank, Court order attached, which DDJ Linwood stated that.

    The Claimant’s Solicitor Gladstones been shamed in parliament bill debate on 02 February 2018 for his poor practiced mentioned above.

    Defendant recently had another case with the same Claimant, Claim no. xxxx at Romford County Court, heard on xxxx, which Claimant did not comply with the court order and his claim been struck out and Defendant awarded £1705 for his costs as a result of Claimant unreasonable behave and non compliance with court order, Protocol for Debt Claims, Protection Of Freedom Act 2012, CPR or PD. Court order attached

    That is added to Claimant and his Solicitors Gladstones habit for non compliance with previous court orders throughout that proceeding. Claimant never ever complied with any single court order, CPR or PD and behaved unreasonably which lead to waste Court and Defendant times and efforts.

    Defendant explained that in more details in the application / letter dated 09 October 2018, registered at court on 16 October 2018.

    The Defendant, as Individual, throughout that proceeding complied with all court orders, meet all court deadlines and attended all hearing on time so there is no reason why the professional Claimant or his professional Solicitor did not, which that appears to have been negligence on Claimant part.

    It is the responsibility of the Claimant & its Solicitor to meet the court deadlines and to comply with it. I should not be prejudiced by an (apparently) negligent failure of Claimant and his solicitor.

    The Defendant believes that the Claimant’s intension for his 2nd extension of time application is to increase the costs on Defendant trying to make the case / appeal a high costs environment to Defendant.


    The Defendant therefore asks the court to reject Claimant applications, consider Claimant non compliance with the court orders as unreasonable behave and refuse Claimant permission to Appeal Application.

    Kind Regards

    Your faithfully

    Name:
    Date:
    Address:
  • DoaM
    DoaM Posts: 11,863
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    Proof-read that for spelling and grammar ... there are a number of instances where the sentences don't "flow" thus making them difficult to comprehend. A couple of examples:
    I received a court letter dated 13 November 2017 along with the Claimant’s 2nd extension of time application N244 dated 05 November 2018 which was signed on 06 November 2018 and received by court on 07 November 2018.

    Claimant missed to say in his application that he did not act promptly in according to accordance with the court order dated 07/08/2018, as Claimant's first request 1st asking for the transcript was on 10 September 2018, one month after the court order, and that is why he failed to get the transcript on time not as he claimed because (the granted extension of time order dated 24 October 2018 gave him only one week to comply with the order) while - in fact this order gave Claimant 44 days to comply from Claimant extension of time application served to court on 20 September 2018.
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