Thanks Ericsbrother will get on with that.

goodo, keep it short for the moment, you can expand in detail when you have to submit witness statements about a fornight before the hearing.

so major points ot conside.

1 no cause for action ( suing wrng person)

2 you do not believe they have authority to enter into contracts/make claims as they have failed to produce assignment of rights from landowner as part of CPR 31.14 request.

3 no planning permission shown for signs and equipment as per CPR request so cannot enter into criminal compact with them.

4 no contract offered or entered into by way of signage.

5 the amount claimed is greater than that allowed under law, doesnt say whether it is a contractual sum or monies due as a result of a breach of contract so it is unclear as to how this sum was arrived at and thus the claim breaches CPR 16.4 and should be summarily dismissed.

These are the usual and tend to be vague enough to allow you to add buckets full of detail later but give them anough to see that you have got them. You sometimes hear of court cases where the defence is " i only overstayed by a few minutes and this is unfair"and that is doomed to fail because it is an admission that the contract was breached.

Ha ha. Have spent today writing what looks like War and Peace compared to what you have suggested lol. Ok will whittle it down a bit and make it more of a summary.

Thanks Ericsbrother.

the more you say the more obvious the shortfalls in ones knowledge.

If you give a full account now you cant raise anything else later

so saying No CONTRACT covers just about everything

whereas going into detail solely about the type of contract in Sproggett v Downdraught Ltd 1893 limits you to just that point.

Post up what you intend to sedn so we can advise on an edit/change from first person to third person etc

Understood. Perfect. Thank you. Will post up for review.

1.2 how about using english and just say it is denied that any monies ore owed for any reason

5 ....entered into AS THIS WOULD BE A CRIMINAL COMPACT

6 give CPR number so 16.4 or whatever is most appropriate

you are not writing your WS so simple and short is best

the more you say the more that Gladdys will think that if they can apply enough bs then you will run out of willpower and give in.

By keeping it short and simple they have no real idea of what you may throw at them when it comes to the hearing and they will have by them wasted a couple of hundred quid.

At this stage you are trying to get them to just drop the matter before they have to commit to spending more money.

They often do drop it once a defence is lodged as they know they have lost before using their cut and paste claim

Ok that makes sense. Although reading on other formus it seems Gladys are akin to a dog with a bone. I'm guessing there will be no dropping the case but we live in hope!

Thanks for that. He should file the defence around day 26/27 after the claim issue date?

are you kidding? they are the worlds masters at dropping the claim at the last moment and then getting their backsides chewed for this

Great news! Look forward to that

Morning!

I hope you're all well. Thought a quick update was in order. Gladstones have written a letter (dated 28th June....not entirely sure what type of mail takes 6 days to arrive) which has been received outside of the 14 days in the CPR request letter to Gladstones.

Their client name has changed from HX Car Park Management to UK Car Park Management? Not sure if that matters?

It reads:

Thank you for your letter dated xxx

CPR 31.14 requests allow a party to inspect documents which are mentioned in another party's statement of case. In view of the fact that the requested documents you have outlined do not appear in the Claimant's statement of case, these will not be provided.

Notwithstanding the above, we also trust you agree that in view of the fact that this case will inevitably be allocated to the small claims track where such requests do not apply; to comply with a request of this nature would go against the spirit of the overriding objective.

We trust this answers your query.

Yours Sincerely,

Gladstones Solicitors

can you scan it up please to PDF

read upload

Sorry DX. Tried that earlier and failed so typed it up verbatim instead.

Do any amendments need to be made to the defence prior to submission? Other half was going to submit defence today.

Thanks

What date is top right on the claimform?

It's the 11th June

So not due for another week yet dont file early no

goodo, keep it short for the moment, you can expand in detail when you have to submit witness statements about a fornight before the hearing.

so major points ot conside.

1 no cause for action ( suing wrng person)

2 you do not believe they have authority to enter into contracts/make claims as they have failed to produce assignment of rights from landowner as part of CPR 31.14 request.

3 no planning permission shown for signs and equipment as per CPR request so cannot enter into criminal compact with them.

 

4 no contract offered or entered into by way of signage.

5 the amount claimed is greater than that allowed under law, doesnt say whether it is a contractual sum or monies due as a result of a breach of contract so it is unclear as to how this sum was arrived at and thus the claim breaches CPR 16.4 and should be summarily dismissed.

 

 

These are the usual and tend to be vague enough to allow you to add buckets full of detail later but give them anough to see that you have got them. You sometimes hear of court cases where the defence is " i only overstayed by a few minutes and this is unfair"and that is doomed to fail because it is an admission that the contract was breached.

^^^^^^

it is important that their client has changed as they are 2 separate companies and there is no automatic right for one to take over the affairs of the other.

This may means you win because the new claimant has no interest in the matter despite them claiming it is the same tired faces involved in both failing companies.

As for them not responding to a CPR request for documents

- GOOD, that means you can say that you dont believe they have the necessary rights and permissions

it is for them to prove they do have it all tied up well before the day of the hearing or they lose.

Gladdys know this but they wont tell their client to do the decent thing as they hope that you are unwise to their trickery and decide to settle without seeing their hand.

so, adjust the simple defence above to include

1. the claimant has no locus standi, HXCPM and UKCPM are not the same entity and so the claimant is an uninterested third party in this matter.

no link shown on companies House and no directors in common. they are either crooks or liars, could be both though

OK pictures of signage as of the date of incident are now critical so have you got them? If not get down to the site and get the piccies showing HX or whoever.

Thanks DX.....Ok. Will do. Wait until next weds to file defence?

Thanks Ericsbrother...

was hoping that was a boo boo on their part!

OK will add/amend the point suggested above to his defence.

Yes do have pictures already, took them a while back, theres also some on another forum that someone posted up of the same site (didn't want to mention forum as not sure it's allowed)

Thanks so much you guys have been such a massive help, and really are the only reason he's doing this ( and me of course).

Have amended as follows:

1. It is denied that the Defendant was the driver of the vehicle on 25/11/2017. The

Claimant is put to strict proof. The Defendant admits that he was the registered

keeper of the vehicle referred to in the claim.

1.1 The fact that the Defendant was not the driver was communicated to the

Claimant in a letter the Defendant posted by a tracked/signed for method, following receipt of a 'Final Demand' soon after the Defendant had returned from a family holiday in New Zealand for 6 weeks (28 Nov 2017- 10 Jan 2018).

1.2 The Defendant denies that any monies are owed for any reason.

1.3 The Claimant has no locus standi, HXCPM and UKCPM are not the same entity and so the Claimant is an uninterested third party in this matter.

Have just looked through all the letters from G's and the Claim Form (except the one received today) all have HXCPM as the Claimant, It's only todays letter that has UKCPM as the client.

I'll try to upload pics of letters/claim form etc again later tonight.

One multipage pdf only please

Read upload

what is on the claim form?

It may be that Gladdys have just not bothered to cut and paste properly so if that is the case then scrub the bit about the different companies

just take that to court with you to show that there is confusion (gladdys wont be there, they pay another co to turn up) and then you can argue with their rep about who is involved in this claim and the poor sod paid to present will be stuck without an answer.

Thread tidied

Thanks ericsbrother, it says HXCPM on the claim form so I'm guessing it's a copy and pasting error on the letter

. I think it may be best to remove that point too.

yes

Say nothing until the day then hit them with it just to throw a bit of confusion into their claims.

As said, their hired gun wont have a clue and you may well wrong foot them.

OK will do thanks for that.

The 'Defendant' is getting antsy.

He logged on to MCOL and their blurb says the defence must be filed within 28 days of the date of the claim.

I know there is 5 day grace period but it says nothing about that on MCOL .

Should he just file the defence today or is it still too early?

Ever so slightly worried.....again!

Thanks!