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Hellp with defence, I have been gladstoned

24

Comments

  • Half_way
    Half_way Posts: 7,029
    First Anniversary Name Dropper First Post
    Forumite
    scouts car park was it?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Quetzal88
    Quetzal88 Posts: 19 Forumite
    Half_way wrote: »
    scouts car park was it?

    No it was not a scouts car park.
  • Quetzal88
    Quetzal88 Posts: 19 Forumite
    edited 5 October 2017 at 4:37PM
    Hi, I did fill in the court claim form online today. I did stopped short of writing a defence. I hope this still counts a being acknowledged. I did say I was defending the case in full.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Did you read up on submitting your aos in the Newbies faq thread?

    If you followed that advice you have sent it in properly.
  • Thank you Quentin, yes I did follow the template to the letter. I gather I needed reassurance. It is all good.
    Would it be worth sending Gladstone and SAR ? I do not even want to give them a tenner ( fee) after having been treated with such disdain..
  • nosferatu1001
    nosferatu1001 Posts: 12,961
    First Post First Anniversary Name Dropper
    Forumite
    GS have nothing
    ONly the PPC will
    You dont send them a tenner, only if they ask for it....
  • Thank you , I sent an SAR to Baywatch .

    Lets wait and see..
  • [FONT=&quot]The claim is denied in its entirety except where explicitly
    admitted here. I assert that I am not liable to the Claimant for
    the sum claimed, or any amount at all, for the following reasons:

    The claimant insists that an enforceable contract has been
    created due to signage at the site in question. The signage is
    not clearly visible, and therefore an enforceable contract
    does not and has not existed. The problems with this signage are
    detailed below.

    1 When facing the entrance of the site in question, the entrance sign does not face the car it is almost parallel to the car.[/FONT]

    [FONT=&quot]
    [/FONT]

    [FONT=&quot]2 The entrance sign is not higher than 2ft.[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]3 The entrance sign is on the left hand side and not visible by the driver because it is too low down.[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]4 Once in the car park the first sign facing the driver is against a low wall delimiting the car park, at best only part of the sign is visible when a small car parked at worse none the sign is visible when a higher car is parked.[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]5 if parking to right hand side of car park, nearest to main shopping street there are no signs whatsoever, there are however other signs of parking on left hand side further away form main street.[/FONT]
    [FONT=&quot]
    I would also like to point out that the Claimant's solicitors,
    Gladstone Solicitors, have failed to abide by Practice Direction
    for Pre-Action Conduct (paras 13-16), by failing to respond to my
    letter sent in response to their Letter Before Claim within the
    deadline stipulated in my letter (14 days). An amended copy of which was also sent Minster Baywatch, which containing an offer of settlement.[/FONT]

    [FONT=&quot]
    With the above, I feel it is clear that the signage the Claimant
    attempted to use to enforce a contract that is not clearly visible.[/FONT]

    [FONT=&quot]It is clear that
    the Claimant has failed in their responsibility to the public and
    the landowner to provide clear signage if they wish to impose such
    terms and conditions on members of the public. As such, I am not
    liable for any sum or amount claimed by the Claimant. I therefore
    request the court to strike out the claim as having no basis.
    [/FONT]
  • Hi, thank you for looking at my defence any comment welcome.
  • I have now received the Direction Questionnaire ( Small Claims Track). How can I unsure that the hearing venue is held near my hometown ?

    Thank you
This discussion has been closed.
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