Peter-27
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Posts
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Due to a lack of time to allocate to the case, I have settled. I originally suggested £125, they came back suggesting £200, I re-offered £155, they agreed. Case closed. Do appreciate the help all, and would have loved to take the matter further if I had the time to do so. Hoping this thread helps others in the future at the very least.
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I remember the procedure, but nearly all the information would be redacted so I'm not sure the value of doing so. I will happily do it if you think it will help, but the document is 19 pages, so it may a few days for me to do this. I did read a few other threads early on in the case, but not recently admittedly. I would like to assign more time to this, but it's not possible at the moment sadly. I guess I need to weigh up if it's worth the time to potentially save circa £300, or just settle. I'm a very worried about a CCJ. The hearing is on 23/03/2018.
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How will I know if they've paid the courts? Would I get notified? I have received a "pack of information" from Gladstones dated 2nd March that I probably can't show as it's all specific to this case, but it's effectively their defence; the "Claimant's Witness Statement". This contains: -"The agreement authorising my Company to manage parking on the relevant land". - The Sign (i.e. the Contract). - The Site Plan - Notices - Photographs of the incident. The pack also makes references to previous cases. This is somewhat of a unique case because I'm not disputing that I was parked without a permit, I've freely admitted that. However, there was no availability to obtain one at that time. They've made the case in their defence that I should have called the number of the sign before parking, which does seem reasonable. Thoughts? What do you guys think the likely scenario is in this situation? Should I continue to go to court, or settle? Their defence does seem fairly robust. If I were to lose in court, would that be a CCJ?
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Recent communication attached. Admittedly I haven't been particularly proactive during this case, but unfortunately my life is too busy to allocate much time to this issue. In all honesty, I wish I had just paid the original fine now - even though it's clearly unjust. But, we're through the looking glass, so I'll have my day in court, and we'll see what happens.
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Witness statements? Nope. Didn't realise that was a thing in these cases. Surely if they have no cause for action against me, I would win if the case was dealt with on papers alone? Historically, what happens if the case "goes to papers". As for my defence: - No way for me to obtain a permit. - No clarity on who is being sued, owner or keeper. - The parking charge notification is effectively a penalty to deter parking, which is unlawful. - Signs unclear - No response to CPR 31:14 request. As above, if they have no basis for their claim, why can't I go to papers for a quicker resolution?
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An overdue update attached. I assume that "I do not agree that the claim should be dealt with on the papers alone". Gladstones have said they do wish to progress based on papers alone.
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A small update. Communication attached.
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Ahh, gotcha. That's very insightful information, thanks. I'll let you know when there's an update. Really appreciate the help all
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Done and posted. Thank you.
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Okay, so on the N180 form; Question A1 "Do you agree to this case being referred to the Small Claims Mediation Service?" .. I've stated no. Question C1 "Do you agree that the small claims track is the appropriate track for this case?" .. I think this should be a yes, but not 100%? I also need to give a reason if I state no. This form came BOTH from Gladstones, and the county court (I have two copies).
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Please find attached further documentation received from both the courts and the solicitors. Advice/feedback/suggestions welcome.
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The defence were exactly the points we discussed here; as a summary: - No way for me to obtain a permit. - No clarity on who is being sued, owner or keeper. - The parking charge notification is effectively a penalty to deter parking, which is unlawful. - Signs unclear - No response to CPR 31:14 request.
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I did, and I was told that I would have a response the next day. However, I have not heard anything, positive or negative.
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Okay, so while I have understood what you just said . . I am a bit lost about what the next steps are?
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Yep, that was my thinking too, thanks for the response. As an update, I've had nothing back from the solicitors since I made my CPR 31.14 request.
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