you did send CPR too yes?

If thats the letter to Gladstones, then yes I did send, they should have received it this morning.

post 33 link

post 33 link

Oh Yes, thats the bad boy that got sent.

Just working out if I should send a nice sarcastic letter to Gladstones about UK CPM paying me to NOT go to court and cancelling the Parking Charge Notice, due to them not having a contract with the HA, see if it gets sorted without anymore aggro from them.

pers i'd sting 'em for costs in court

Get that letter EB suggested written up here soonish for checking

the defence you've put up isn't needed till day 33 so don't go sending that off yet.

sorry to say it but I think your defence is completely missing the point and if you use that you will be hard pushed to introduce the very decent points you do have.

Also, when was the last time you spoke like that? Use plain english so there is no misunderstanding about exactly what you mean and it will also show that you ahvent just cut and pasted a stock response that you dont understand so Gladdys will think they have a chance.

Now, the BIG point is that CPM dont have permission to be there at all so there can be no LOCUS STANDI. (look that up, it is the only latin phrase legalese you will need to use) so they cant offer you a contract in the first place Sovereigtn Housing have confirmed this fact.

so start with that. I would say something like the plaintiff has no locus standi as they do not have permission to be at the site in any capacity. This means they have no cause for action against the defendant.

The defendant requests that the claim be struck out on this basis

You can then go on and say

In any case...... and then add the points that state YOU didnt enter into a contract with them and that their signage is insufficient and confusing to offer a contract.

As said, drop the it is denied that and it is admitted this nonsense. Lawyers write like that but they get paid to and charge a fortune as they like to make it all a mystery to us lay persons. Well, it isnt mysterious and small claim track is quite informal and all is explained by the judge when you get there. having all of your evidence at that time is way more important than ersatz legal speak now.

sorry to say it but I think your defence is completely missing the point and if you use that you will be hard pushed to introduce the very decent points you do have.

Also, when was the last time you spoke like that? Use plain english so there is no misunderstanding about exactly what you mean and it will also show that you ahvent just cut and pasted a stock response that you dont understand so Gladdys will think they have a chance.

 

 

Now, the BIG point is that CPM dont have permission to be there at all so there can be no LOCUS STANDI. (look that up, it is the only latin phrase legalese you will need to use) so they cant offer you a contract in the first place Sovereigtn Housing have confirmed this fact.

so start with that. I would say something like the plaintiff has no locus standi as they do not have permission to be at the site in any capacity. This means they have no cause for action against the defendant.

 

The defendant requests that the claim be struck out on this basis

You can then go on and say

 

In any case...... and then add the points that state YOU didnt enter into a contract with them and that their signage is insufficient and confusing to offer a contract.

 

 

As said, drop the it is denied that and it is admitted this nonsense. Lawyers write like that but they get paid to and charge a fortune as they like to make it all a mystery to us lay persons. Well, it isnt mysterious and small claim track is quite informal and all is explained by the judge when you get there. having all of your evidence at that time is way more important than ersatz legal speak now.

OK. I will take a couple of days to get the defence letter written and then re-post. Not having been in this position means I have no idea whats expected, or what will happen. Ive been a witness a couple of times, been to a DWP tribunal before. Am I to assume that this case will be sort of like a DWP tribunal, informal, sitting at a table etc ?

you are not writing a defence letter

you are writing a letter as per post 43!!

so stick to the lack of any contract/authority and suggest their client drops the matter pronto or gets their arse bitten for a big costs order now they know they have been rumbled

If thats the letter to Gladstones, then yes I did send, they should have received it this morning.

Hi Everyone.

Just had this email reply from Gladstones:

Dear Mr XXXXXXXXX[/FONT]

Thank you for your correspondence.

We refer you to CPR 31.14 (1) (a) which states that a party may only request a copy of a document which is mentioned in another party’s statement of case.

As the documents you have requested are not mentioned within the Claimant’s statement of case, these will not be disclosed.

Yours sincerely,

Ellie Coughlan

Litigation Assistant

e : [email protected]

then you'll have to await till the disclosure stage IF it gets that far

they are getting smart.

then you'll have to await till the disclosure stage IF it gets that far

 

they are getting smart.

Disclosure stage, is that just before the court date, or what comes out of their mouths on the day ?

witness statements

read a few other claimform threads in this private parking forum.

it doesn't really matter

they'll HAVE to disclose them by 2 weeks before any hearing anyway.

dx

we have seen this before,

they normally say that CPR 31.14 doesnt apply because it is small claims track BEFORE the track allocation has been made.

This doesnt mean they are actually going to get as far as actually turning up on the day,

they like to apply pressure on you to settle because they know that they will lose a properly defended case.

the other plus side of what they say is that they ARENT going to produce certain evidnece you have asked for and you can take them to task should they try and introduce things not mentioned.

It then means when you ask them for proof of a contract they have nowhere to go as in essence they are saying they arent relying on a contract

Now a judge can decide that they are the paragons of virtue and they would never ever tell a lie but more likely they may think that it is necessary evidence especially when you have challenged its existence twice so can assume there isnt one and decide things on that basis.

In short, they are testing your resolve

Hello ericsbrother.

Yep you're spot on.

They believe they are the "Big man" outside of court and that I will bottle out and ask for a payment plan.

Unfortunately for them they are assuming wrong.

I will have to do a lot of running around, turn up to court, but to kick their butts it will be worth it.

however, you have to take evidence with you to disprove their claim. This means putting some effort into getting what you nedd and collating it so it is easy to follow.

Hi

I've got all the letters and emails all in date order, and the emails from the HA as well all in a nice plastic wallet.

Plus the photos that need printing out.

So that's nearly all there.

Just had an email from these muppets.

"We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. "

Ive replied stating that I want it to go to court, and asking if I need to fill out any form.

I cant believe the arrogance of these two companies.

Pay up now before it gets to court to save yourself money, cause we're gonna screw you.

" and is purely based on experiance"

YES, they lose all of the defended ones so need to be able to tell porkies to get a win and that is why they want the matter decided on the papers.

A short letter to the court saying you dont agree to have the matter decided "on the papers" as you will want to cross examine their witness on the day. that will get the hearing at your local court and them the chances are that having been rumbles they will drop the matter as they normally do.