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  • FIRST POST
    • jonnykhan
    • By jonnykhan 17th Aug 17, 11:01 AM
    • 4Posts
    • 1Thanks
    jonnykhan
    Letter from Gladstone Solicitors before Court hearing
    • #1
    • 17th Aug 17, 11:01 AM
    Letter from Gladstone Solicitors before Court hearing 17th Aug 17 at 11:01 AM
    Hi All

    I've been fighting my corner back and forth with Gladstone solicitors in regards to a parking fine in July 2016.

    I received a parking fine for a car that i had sold and have provided all details to Gladstone solicitors to prove that, which they decided to ignore.

    I've now got a county court date for 29th August which i will be sending my defence for, however i today received a letter from Gladstone which says:

    "Our Client has considered the contents of your defence and is looking to settle the above claim, please contact our offices using the below number or email to enable us to come to an amicable settlement."

    Is this their final chance to try and not go to court? Its funny as they didnt bother replying to my defence when i sent it and now they have 'considered' it.

    Should i call them and see what they have to say or should i ignore it?
Page 1
    • Quentin
    • By Quentin 17th Aug 17, 11:04 AM
    • 38,810 Posts
    • 22,758 Thanks
    Quentin
    • #2
    • 17th Aug 17, 11:04 AM
    • #2
    • 17th Aug 17, 11:04 AM
    No.

    They are using this as a tactic to get you to pay!

    Assuming you have no intention of paying them anything ignore it and carry on complying with the court process
    • beamerguy
    • By beamerguy 17th Aug 17, 11:16 AM
    • 11,230 Posts
    • 15,136 Thanks
    beamerguy
    • #3
    • 17th Aug 17, 11:16 AM
    • #3
    • 17th Aug 17, 11:16 AM
    Hi All

    I've been fighting my corner back and forth with Gladstone solicitors in regards to a parking fine in July 2016.

    I received a parking fine for a car that i had sold and have provided all details to Gladstone solicitors to prove that, which they decided to ignore.

    I've now got a county court date for 29th August which i will be sending my defence for, however i today received a letter from Gladstone which says:

    "Our Client has considered the contents of your defence and is looking to settle the above claim, please contact our offices using the below number or email to enable us to come to an amicable settlement."

    Is this their final chance to try and not go to court? Its funny as they didnt bother replying to my defence when i sent it and now they have 'considered' it.

    Should i call them and see what they have to say or should i ignore it?
    Originally posted by jonnykhan
    Sounds like the way Gladstones love to scam people.

    You have proof to show a judge and let the judge blast Gladstones
    for wasting the courts time, the courts are already fed up with
    this small minded solicitor who continue to be incompetent

    They know they cannot win but still they try to extort money
    from you ....... Expect they will discontinue or be blasted in court

    Have fun with this one
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • DoaM
    • By DoaM 17th Aug 17, 11:30 AM
    • 6,879 Posts
    • 6,796 Thanks
    DoaM
    • #4
    • 17th Aug 17, 11:30 AM
    • #4
    • 17th Aug 17, 11:30 AM
    Dear Gallstones,
    I am prepared to settle out of court - here is my offer:

    1. You withdraw your claim in it's entirety
    2. You pay me £25 as a goodwill gesture for the harassment you've caused in bringing this claim
    3. You remove all of my details from your system and never contact me again (after completing item 2).

    Failure to accept this offer will lead to me seeking punitive costs for your unreasonable behaviour WHEN I win the case - you have no justification to bring this claim as you are claiming against the wrong party.

    Last edited by DoaM; 17-08-2017 at 11:32 AM.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
  • archived user
    • #5
    • 17th Aug 17, 11:42 AM
    • #5
    • 17th Aug 17, 11:42 AM
    Did they send a Witness Statement and are they due to send one?

    Have you sent yours as they usually have to be in 14 days before?

    This letter is usually to avoid having to send a WS when they haven't a case so if you play it correctly you may be able to get costs.
    • nosferatu1001
    • By nosferatu1001 17th Aug 17, 12:34 PM
    • 5,007 Posts
    • 6,252 Thanks
    nosferatu1001
    • #6
    • 17th Aug 17, 12:34 PM
    • #6
    • 17th Aug 17, 12:34 PM
    as above

    Youve already sent in your defence - you did that within 14 / 28 days of the claim form
    What you MUST send now is your WITNESS STATEMENT and any evidence you want to include.

    Usually this is 14 days before, so what does your hearing letter say about this deadline? Its often called "documents" and is maybe para 5 or 6.
    • jonnykhan
    • By jonnykhan 17th Aug 17, 12:51 PM
    • 4 Posts
    • 1 Thanks
    jonnykhan
    • #7
    • 17th Aug 17, 12:51 PM
    • #7
    • 17th Aug 17, 12:51 PM
    Thanks all. I have already sent through my witness statement, however i have not received anything from Gladstones so i do not know what they will be relying on.

    It says that each party must deliver to the other party copies of all documents on which that party intends to rely at the hearing.

    SHould i have received anything from Gladstone?
    • Johnersh
    • By Johnersh 17th Aug 17, 1:11 PM
    • 1,313 Posts
    • 2,566 Thanks
    Johnersh
    • #8
    • 17th Aug 17, 1:11 PM
    • #8
    • 17th Aug 17, 1:11 PM
    Send them a letter Without Prejudice Save As To Costs and invite them to discontinue on the basis that the claim has no merits.

    Seek your costs (limited to actual out of pocket expenses) and then say you will seek costs (increased to include hearing costs, hourly rates and unreasonable costs plus interest on the total costs) if the claim is pursued further

    State that the offer is a genuine attempt to settle the matter, not merely a bargaining position. It has value to the Defendant insofar as it presents an opportunity to avoid additional court costs and expenses.
    • jonnykhan
    • By jonnykhan 17th Aug 17, 1:19 PM
    • 4 Posts
    • 1 Thanks
    jonnykhan
    • #9
    • 17th Aug 17, 1:19 PM
    • #9
    • 17th Aug 17, 1:19 PM
    @Johnersh

    Would i be able to find a template of the letter?
    • Loadsofchildren123
    • By Loadsofchildren123 17th Aug 17, 1:26 PM
    • 2,452 Posts
    • 4,147 Thanks
    Loadsofchildren123
    Don't phone them. I'd send them something along the lines of what DoaM said, but less tongue in cheek.

    Dear Sirs


    I refer to your letter of x date.


    You have been aware for some time that the claim brought by your client is baseless and bound to fail. However, your client has nevertheless chosen to pursue the claim this far, forcing me to draft and file a full defence, witness evidence and documents upon which I rely. In comparison, all your client has done is to file a claim so brief that it verges on being incoherent, and a Directions Questionnaire. Your client has ignored the court's order to serve its witness and documentary evidence, which were due on x date, and it is therefore in contempt of court. The final hearing is just 11 days away - as a litigant in person your client's conduct is causing me significant prejudice and will draw this to the court's attention.


    For the avoidance of doubt, I will not be telephoning you to discuss settlement. If your client has a proposal to make, then please make it in writing and I will consider it and respond.


    Before you do write to me, I must make clear my position, as follows:
    1. As this is a baseless claim, and you have known that for some months, [if you can put in a date when you first told the PPC that you no longer owned the car then do so], I will not accept anything other than a complete, unconditional withdrawal by your client;
    2. Again as this is a baseless claim, your client has breached my rights under the Data Protection Act by requesting, processing, storing and continuing to store my data and this has caused me significant distress. [If you complained bout this already then say when you did so]. It must cease to do so immediately. My rights to bring a claim or a counterclaim are expressly reserved and I expect your client's proposals for settlement to include a sum of money in respect of damages, in return for which I will agree not to make any claim/counterclaim.
    3. I have been forced to spend a considerable amount of time and effort defending this baseless claim, including incurring direct expenses on site visits, postage, stationery and so on. I have had to spend hours researching the law and drafting a full defence and witness statement, and gathering documentary evidence. As a litigant in person, this has caused me significant distress and inconvenience. In contrast, all your client has done is to draft and serve a robo-type claim so brief as to be almost incoherent, and to complete a Directions Questionnaire. It has not even bothered to comply with the court's direction that it serve witness and documentary evidence by [x date]. Any proposals must include a sum of money to reflect your client's conduct and the distress and trouble caused to me.


    As a goodwill gesture, and on an entirely without prejudice basis, in order to achieve a settlement I suggest that your client makes an offer of no less than £250 in respect of 2 and 3 above.


    In the meantime, my rights under the Data Protection Act are expressly reserved.


    Should settlement not be reached, I am entirely confident that my defence of the claim will succeed and I make it clear that, since the claim is clearly baseless and this has been clear to you all along, I will be seeking a punitive costs order pursuant to Rule 27.14(2)(g).


    Yours faithfully etc.


    You may want to put in a different figure than £250 - you may be happy to go away for less and try it on for say £50 or £100, or you may want to ask for more. It depends on what your priorities are and whether you are actually happy to attend court.
    • Loadsofchildren123
    • By Loadsofchildren123 17th Aug 17, 1:27 PM
    • 2,452 Posts
    • 4,147 Thanks
    Loadsofchildren123
    Cross-posted with Johnersh. There isn't a template, but I've now provided a draft.


    You may want to replace the £250 with Johnersh's suggestion. Or you may want to try for more. That just depends on what you want to achieve.
    • Loadsofchildren123
    • By Loadsofchildren123 17th Aug 17, 1:31 PM
    • 2,452 Posts
    • 4,147 Thanks
    Loadsofchildren123
    just noticed the repetition in para 3 - replace penultimate sentence with something like "In contrast, your client has put very little effort into particularising and pursuing its claim, even ignoring the court's directions about service of evidence". And then leave the last sentence in (" Any proposals must include.........").
  • archived user
    @LoC you might want to add that as a sticky somewhere.

    AIUI there may have been a few baseless claims issued by parking companies but someone might confirm my suspicions.
    • jonnykhan
    • By jonnykhan 17th Aug 17, 1:45 PM
    • 4 Posts
    • 1 Thanks
    jonnykhan
    @LOC - wow thank you for the draft. This should definitely be a sticky somewhere.

    Really appreciate it.
    • Coupon-mad
    • By Coupon-mad 17th Aug 17, 6:57 PM
    • 72,085 Posts
    • 84,433 Thanks
    Coupon-mad
    @LoC you might want to add that as a sticky somewhere.

    AIUI there may have been a few baseless claims issued by parking companies but someone might confirm my suspicions.
    Originally posted by IamEmanresu
    I think you might be right, on occasion!

    I will add a link to LOC123's letter to post #2 of the NEWBIES thread and give it a prune at the weekend. Some stuff there is a little old now.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • archived user
    I've now got a county court date for 29th August which i will be sending my defence for, however i today received a letter from Gladstone which says:
    How did it go?
    • tfc12345
    • By tfc12345 15th May 19, 5:46 PM
    • 16 Posts
    • 2 Thanks
    tfc12345
    Have received several letters regarding alleged parking fines, for a resedential development

    The amount they are demanding is over £100 pounds in total.


    I have discussed this with the Estate Managers for the development they have said they are willing to look into specifics but due to their contract with the they are unable to 'cancel' the alleged fines.

    THe above letter appears useful.. but realistically after drafting a defence would be looking to avoid the hassle of attending court.
    • tfc12345
    • By tfc12345 15th May 19, 5:49 PM
    • 16 Posts
    • 2 Thanks
    tfc12345
    Have considered offering 30-40% as a settlement but whilst making no admission/confirmation of the driver - liablility or the validity of any alleged contract between estate and keeper.

    This is merely to have them leave us in peace as we have recently lost a family member and this predatory conduct is particularly unpleasant at this juncture
    • Woppyman72
    • By Woppyman72 15th May 19, 7:25 PM
    • 37 Posts
    • 61 Thanks
    Woppyman72
    Sorry to hear you have recently lost a family member.

    You should start your own thread and read the ‘Newbies’ section on the forum landing page. That will help the forum members help you once you have a grasp of the process you need to follow to defend this robustly
    • tfc12345
    • By tfc12345 17th May 19, 3:33 PM
    • 16 Posts
    • 2 Thanks
    tfc12345
    Dear All,

    WHat was the result here please?


    Kind Regards
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