defence due by 4pm 5th September

dx

I've removed the bits mentioned in the earlier post. Can you tell me if any other changes should be made?

CPR_31.14_Letter (1).PDF

what about PP on signs etc?

I've added the planning permission into the letter. Is this what you meant?

CPR_31.14_Letter 2.PDF

[Their address]

[Date]

DX,

what I don't get is that you (and others) frequently state that the claimant is not obliged to provide information requested under CPR31.14.

And yet, in this letter, you repeatedly refer to "compliance with your CPR31 duties".

If it is a duty, non-compliance is surely contravening the Regulations, and should be dealt with accordingly.

Can you explain why you use this particular wording?

Cheers

Perhaps I can assist here.

cpr31 does not usually apply to a small claims case but at this moment in time, the case has not been allocated to the small claims track so this is a potential get out for them and you.

This letter is for you to put them task and supply their evidence before being told to do so by the courts. It is well know that some companies will delay disclosure until the very last minute so that you don't have time to prepare a proper defence. By doing this, they should comply but equally can argue that they don't have to

That is my interpretation of the rules. Others may disagree.

Thank you for your help, the letter has been emailed to them. I will keep you informed

Good

Shame it took 6 days of your 33 days to file def time limit to do it mind

People reading this for help on BW claimforms need to understand the CPR should be fired off ldeally on the day you get the claimforn or asap after

I don't often link to the Pranksters site but today there appears to be a few cases where Gladstones have been the solicitor for the claimant none of them being MB but that doesn't matter as it is Gladstones conduct here that is being opened up to examination.

No doubt, Gladstones will try and rely on the Beavis case but it will not apply in your case.

The Beavis case is for a free car park. Yours is a pay and display

BW are the managing agents and MB acting for them. As such it is my opinion there must be a contract between BW & MB and not just a 'gentleman's agreement' as they are both the same company.

The true landowner is unknown at the moment so what contract does BW have with them? Does the contract allow BW or MB to take court action on behalf of the landowner?

Anyhoo, the link

http://parking-prankster.blogspot.co.uk/

if they dont comply and the case is adjourned because you cannot properly defend yourself without the documents (Or in this case they havent proved to you that they have a basis for claiming) they will be in the doo-doo as judges hate having their time wasted by people who should know better.

It is down to how judges manages their courts and what they know about the past misdemeanours of the claimant that will really matter.

As there are thousands of claims going through the system it is becoming apparent that the judges at some courts are getting fed up of claims with missing POC's

lack of proof of authority,

no clear evidence of signage

and incorrectly signed off witness statements etc.

Show they arent following the protocols and they get a tough time before you have to say a word.

Perhaps I can assist here.

 

cpr31 does not usually apply to a small claims case but at this moment in time,

the case has not been allocated to the small claims track so this is a potential get out for them and you.

 

This letter is for you to put them task and supply their evidence before being told to do so by the courts.

It is well know that some companies will delay disclosure until the very last minute so that you don't have time to prepare a proper defence. By doing this, they should comply but equally can argue that they don't have to

 

That is my interpretation of the rules. Others may disagree.

so, third and fourth party so no real interest in the matter.

Bit like you employing an estate agent and them using another company to put up the for sale signs who then claim they have some right to manage the viewings...

Hello,

I have yet to receive the documents that were requested through the CPR31.14 letter you have helped me to write,

and the defense is due by tomorrow, based on previous messages sent on this thread.

I have signed confirmation that they have received the letter, but heard nothing back.

As I need to get the defense sorted ASAP, do you have any suggestions for what I should do?

type out their particulars of claim please

dx

Which letter would that be on?

the N1 claim form you got from the court service

I have attached the particulars from the N1 letter

type it out please important

dx

I just received this email from Gladstones......

Please note CPR 31.14 does not apply to your case and all relevant documents will be provided in our Client's Witness Statement.

We will not litigate by correspondence and any future queries should be directed towards the Citizens Advice Bureau or your own independent legal advisors.

Regards

Phoebe

Litigation Assistant

Particular of Claim

Date 1/5/16

Description: None

Amount £150

Due Date 15/6/16

Total Due £150

AND THE CLAIMANT CLAIMS

The Claimant claims the sum of £151.61 for Parking charges and indemnity costs if appliciable including £1.61 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 3/8/16

Same rate to Judgement or (sooner) payment

Daily rate to Judgement £0.03

Total debt and interest £151.61

so that's it?

doesn't even say where the supposed infraction happened?

as for the CPR letter

std practice

plays into your hands nicely

well,

they are not being entirely honest when they say that CPR31.14 isnt applicable.

The track has not been decided yet and the courts service may decide that multitrack may be the best route and if that was the case then Gladdys will have lost their client the claim without them even having a chance to say what it is.

However, we know why they refuse and that is because they know that they gambled on you caving in and paying up and that didnt work so they dont want to give you the proof that there is no cause for action by their client and hope that a judge will be impressed by them saying "not fair" of you ask for it later.

That is everything that was included in the 'Particulars of Claim' section of the N1 form. The location has been included on other forms I have received, like the 'Notice to Keeper', and the letter from the solicitors, but not on the N1 form itself

Read the parking pranksters thoughts on the laziness of Gladstones when it cmes to POC's .

They like to pad it out much much later and hope you dont object to them adding all sorts of stuff when they are too late to submit formally.

As long as you are wise to this you shouldnt go wrong,

we will remind you if it gets to a hearing date.