KaBoom!!!
-
Posts
60 -
Joined
-
Last visited
-
Ok I get it: I am the Defendant and I'm Discontinuing my CounterClaim against the Claimant. I had a Notice of Transferral to XXXX County Court so I will send it there. Thank you v much Andyorch
-
Good morning CAGgers A couple of easy questions for you, asked only to avoid adding to my tally of errors: 1. Filling in the Notice of Discontinuance N279 for my Counterclaim, am I the Claimant and One Parking Solution the Defendant? 2. I post the completed form to the County Court at XXXX (as opposed to the Business Centre) and Gladstones? Many thanks Thank you Andyorch. Yes I meant N180 - I posted that to the Court and Gladstones. Third question: do I leave this section blank for the court to fill in? (....................................................................... (enter name of Judge) granted permission for the claimant to discontinue (all) (part) of this (claim)(counterclaim) by order dated ........................................................) Many thanks KaBoom
-
Sorry, it was the Notice of Proposed Allocation that I posted to Gladstones and the Court. The CPR I emailed to Gladstones by mistake; see post #83 for their response via email. After that I received the bundle via email and one further email responding to my Counterclaim. I then informed them that I would be blocking them and haven't received any further comms.
-
Thank you for that link Andyorch - I will complete it when I get home. Do I send it to Gladstones as well as the Court? Is it a way out with minimal damage? Hi dx100uk. I posted the CPR to the Court and Gladstones. I did email an initial version of my defence to Gladstones in error - as covered in posts above. Nothing to OPS. I am in no way blaming anyone here for filing the Counterclaim; it's appearance in the online form did surprise me and with no time left to ask I made the wrong decision. My family insisted I ask our family solicitor so we had a 5 minute conversation. Apart from that I have relied on and continue to follow the advice here for which I am very grateful.
-
Hi Ericsbrother Thank you for your post. I did seek help here before submitting. Unfortunately I didn't know the Counterclaim would be part of the online form until I had completed the Defence section and having waited all day to get some advice about the defence from our family solicitor, who didn't say anything about Counterclaim, there was no time left to ask. At the end of the day I let emotion get the better of me and I messed up. What can I do now to minimise the damage? Should I hire a solicitor?
-
Brilliant Andy, thank you. Questionnaire will be in the post shortly!
-
I understand. Unfortunately I feel there is an injustice taking place here and thought it was the right thing to do. I'm not expecting anything from it, but maybe there is some justice and they will be held to account for pursuing this. Should I enter the doctors' names as expert witnesses? I would like to post the questionnaire today.
-
Nature of Counterclaim Loss of Income arising from inability to work due stress caused. Particulars of Counterclaim This has contributed significant stress to my life and as an xxxxx affected my ability to work. I wasn't expecting to have the option of filing a counterclaim and had very little time to do it; with no legal knowledge I kept it simple.
-
Just to confirm, that my doctors who are responsible not only for my health but assessing my legal fitness to work, which my counterclaim states has been affected by this case, are not expert witnesses?
-
This got me thinking. There are only 4 parking bays on the site. They charge 50p for 1 hour, £1.00 for 2 hours, £1.50 for 3 hours and £2.00 for 24 hours. Yes, £2 for 24 hours! How is this site profitable? Do parking companies run these types of sites with a business model that is focussed more on issuing PCNs that intimidate motorists who lack knowledge of the law into paying up?
-
Thank you Andy. There is a county court in the town where the PCN was issued or I could choose another one; both are convenient. In terms of expert evidence and witnesses, I will be getting written reports from my doctors for my counterclaim. Is box D2 relevant to that? Witnesses - the passenger is a witness to the wooden pallets blocking parking spaces. They have also seen the stress this has caused me. Are they relevant to box D3? Hearing Dates - When I'm working I only have 2 weeks notice of my next month's work so impossible to say which dates I won't be available. The same will be true of any of the witnesses. What do I put in box D4? Lastly, in the Notice of Proposed Allocation where it says I must serve copies on all other parties who do they mean exactly? One Parking Solution Ltd via Gladstones Solicitors sent by post? I apologise if these are numpty level questions. At least I won't need an interpreter
-
Good afternoon everyone. I hope you had a good weekend. I am attaching the forms I've received from the County Court as (redacted) pdfs, namely the Notice of Proposed Allocation to Small Claims Track, the Notice of Transfer of Proceedings - in the Notices pdf - and the Directions Questionnaire (Small Claims Track). Notices.pdf Directions Questionnaire.pdf
-
The bundle includes time stamped photos they took on the day and includes at least one photo showing the pallets in the parking bays. Also included are other photos taken at a different (I would say earlier) time showing the site and its layout and digital and actual versions of their parking notices. Attached is their Defence to my very basic Counterclaim. They ask for evidence: 1. That the actions of the Claimant were unreasonable given the circumstances 2. For evidence that I have suffered stress 3. For evidence that the stress was a direct cause of the Claimant's actions They trivialise any stress I have suffered and of course seek to dismiss the claim. Personally I feel can provide these particulars: 1. The parking bays were obstructed as is shown in their own photograph and mine. The PCN was issued for "Failure to parked in a marked bay" which clearly wasn't possible. 2. and 3. I can obtain GP and consultant reports. Is any of that acceptable? Defence to Counterclaim.pdf Attached is a photo of the "event" taken by One Parking Solution Ltd supplied in the bundle by Gladstones . You can see the pallets obstructing the parking bays and the attached notice that said not to park (the pallets are in the shadows leaning against the wall). OPSL 1.pdf Thanks BankFodder, that's a good idea. I'll put together a pdf of those items tomorrow. My counterclaim was written very hastily as the 4pm deadline was very close and I wasn't expecting that to be a part of submitting my defence. Hence it's not very good. But tbh I am completely out of my depth here and as dx says don't understand legal things.
-
Here are the 3 emails I have received from Gladstones; each from a different person Dear Mr XXX Please find attached bundle in response to your CPR 31.14 request. We have not referenced the contract with the landowner in our Particulars of Claim and as such it will not be provided at this stage. Proof of planning permission is not relevant. Regards XXX Litigation Assistant ______________________________________________________________________________________________ Dear XXX We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court. You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment. Yours sincerely XXX Litigation Assistant ______________________________________________________________________________________________ Dear XXX We act for the claimant. Please find attached our client's Defence to Counterclaim. We confirm the Defence has been filed at the Court Yours Faithfully XXX Administration Assistant Shall I post the "bundle" and their defence to my Counterclaim? (I will redact) Is there any significance to them electing to mediate (in the second email)?
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS