PPM/Gladstones claimform - PCN - residential parking galena and topaz apartments Hounslow

[ericsbrother]

that will do.

theywill respond by saying that it sint applicable for a small claims track but as the track isnt decided by Gladdys then they know they are bullshining you until the time that the alloction is made and that is after they have parted with more money. Once the deny your request you can ask for the claim to be struck out as having no locus standi as they havent shown it by producing the necessary permissions.

[sridas]

Hi Ericsbrother, I have acknowledged the claim yesterday going online. Today I have sent the letter in recorded mail to Gladstones solicitors. How long do i have to produce the defense from now. I believe i should also wait for the reply from Gladstones. kindly advice. Thanks Sri

[dx100uk]

33days from the date top right of the claimforn. Whereby that date is one in the count

 

You file on time regardless to any other deadlines (which are immaterial anyway) or lack of paperwork

[ericsbrother]

you stick to the court deadline.

 

 

The discovery request is a very small part of a defence at this stage,

if you send the request and they fail to respond you can add this to your defence and say that they have failed to show "locus standi"

 

 

but generally the claim wont be automatically struck out

but rather it is the first thing they are asked when the judge opens the file.

 

 

Hi Ericsbrother, I have acknowledged the claim yesterday going online. Today I have sent the letter in recorded mail to Gladstones solicitors. How long do i have to produce the defense from now. I believe i should also wait for the reply from Gladstones. kindly advice. Thanks Sri

[sridas]

Hi I have acknowledged the claim form and the letter to Gladstone solicitors has been sent off but no reply from them yet. Noe i have recently received another letter from Zenith debt collectors asking to pay a reduced amount. I am sending a copy of it; kindly advice. Thanks Sri

[ericsbrother]

well, you are being sued by the parking co via Gladdys so this is jsut stupidity on their part because if you settled does that mean the court case goes away? No.

 

 

What it really menas is they know that they are going to lose and are thus hoping you grab the cheaper option and then they will make a small profit.

 

 

Keep this letter as evidence that the parking co is behaving unreasonably and that way you can claim your full expenses via a CPR 27 submission.

 

What I would do though is bring it to the attention of the court that the parking co is attempting double jeopardy or that Zenith is now the righful owner of the debt and thus PPM and Gladdys no longer have an interest in the matter.

You can do this when you exchange documents, which is a long way off yet

[dx100uk]

letter removed

shows pers info

[sridas]

Hi DX100 and Erics brother,

 

I am forwarding the email I received from the solicitors after I filed the defense going online yesterday.

 

They never replied back to me regarding the request I made asking for their authority to claim the charges in their name and the permission for the signage.

 

In between I also reeived a letter from Zenith (a third company) asking for a settlement and saying that they were responsible for the claim.

 

As i was getting closer to the defence date I had to file the defence.

Below is the defence I filed yesterday:

 

In the County Court

Claim No.: *******

Between

Parking and Property Management Limited (Claimant)

 

and

S D (Defendant)

 

___________________________________________________________________________

 

Defence Argument

___________________________________________________________________________

 

[removed - dx]

 

Kindly see the defense I have filed yesterday by going online

 

Today I received a reply (email) back from the solicitors.

Kindly have a look at it and suggest.

 

Below is the email and I have attached the documents which came along with the email.

Thanks

 

Dear Mr S D,

 

Parking and Property Management Limited

-v-

Mr SD

 

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.

 

Yours sincerely

 

y

Administration Assistant

 

Gladstones Solicitors Limited

N180 - Directions questionnaire (Small Claims Track) - with special direction.pdf

[dx100uk]

where did you get that war and peace mountain defence from?

 

2 lines would have been ok.

 

as for gladdys

object to the paper hearing.

 

all they want is to be able to win without being cross examined

 

you want that chance

as they'll need to produce all the required paperwork from your CPR request

 

shame you've opened up hundreds of cans of worms

by putting all that rubbish in your defence..mind

 

anybody reading this thread looking for help

 

please don't use it!!

 

dx

[sridas]

The defence I filed was based on the letter suggested by yourself. I had to file the defense otherwise the judgment would be given in my absence. whats your next suggestion as i couldn't get it from your reply. Thanks Sri

[dx100uk]

yes as I said

2 lines in your defence would have done

the 2 lines from the CPR that are not simply part of the std CPR template which were:

 

1. Proof of assignment from the landlord to create contracts and make claims in your own name.

 

2. Proof of planning permission granted for signage etc. under the Town and Country Planning Act 2007

 

what next...

 

you wait your DQ pack to come from the court

 

its only willy waving from gladdys that they ARE going to file that

 

its sent to unsettle you.

 

dx

[sridas]

Cheers DX100 Thanks for the reply. Lets wait and see what ahppens next.

 

I am up for it and will fight till end because I genuinely beleive that its unfair that i have been given the charge.

 

Kindly let me know if there is any deadline for me to reply to this email and the forms they have sent.

 

I would also like to object for a hearing based on paperwork.

 

I would like to be personally present for the hearing.

 

kindly advise.

 

Thanks Sri

[dx100uk]

you don't respond to anything the claimant sends YOU

purely done to intimidate you.

 

 

you respond to the court if and when they send out the 'real' DQ packs.

[sridas]

Hi Dx100,

 

 

As expected I received the below email saying that CPR 31.14 does not apply to small claims. I also forgot to mention that they did not respond to CPR 31.14 in my defense statement. Kindly advice. Thanks Sri

 

Phoebe McClean

Attachments11:03 AM (2 hours ago)

 

to me

Mr [name removed]

 

Please note CPR 31.14 does not apply to claims on the small claims track.

 

All evidence our Client wishes to rely on will be in their witness statement.

 

Kind Regards

Phoebe

Litigation Assistant

 

Gladstones Solicitors Limited

Edited October 5, 2016 by honeybee13
Name removed

[dx100uk]

Wrong its not allocated to any track

So CPR does apply

[ericsbrother]

Again, they are hoping that they will be forgiven for their behaviour when it finally gets to court. When you have to submit a full defence and witness statement make sure you say that it is unclear exactly what they are claiming for as they ahvent shown authority or cause via a discovery request.

[sridas]

Hi guys what do you think the next step would be?

[ericsbrother]

what have the court told you to do? You must go by their instructions and timings.

[honeybee13]

Hello there.

 

I've removed your name from a post above, to keep this confidential for you.

 

HB

[sridas]

Hi guys I have now received small claims directions questionnaire. Below are various issues I want to address and let me know if I would be right by answering this way.

 

1. I am not agreeing for small claims mediation service. Is that ok.

 

2. Should I agree for small claims track allocation, if not then why?

 

3. Should I agree for small claims track as appropriate track or should I say no and give reasons? My reasons for this would be that it’s not my only case but it involves other 40 to 50 residents in the apartment who can’t bring their car to drop their family or pick them up who could be toddlers, elderly and frail or may be sick.

 

4. Can I ask for hearing at Brentford county court as that is the nearest one to me.

 

5. What should I say for expert evidence? - yes or no

 

6. What should say about witnesses I can ask my neighbours under what circumstances sometimes we have to bring our cars on to the road as it is the only road leading to our entrance and the neighbourhood is known for antisocial activities? They might be happy to sign the document as a witness.

 

 

 

Kindly advise on the above raised issues. According to the letter I have to respond back to the court by 24 October 2016.

[dx100uk]

No to mediation

The rest is obvious

[ericsbrother]

taking the points by number

1. no mediation

2 yes- if you choose any other option the costs can be high. likely to be ordered as small claims anyway unless there is some discrimination issue (disability for example)

3 you can only speak for yourself unless there are 200 claims going on at the same time or have been issued. Then you can go for a class action. Best left to lawyers.

4 it will automatically allocated to your nearest court unless you specify you want it heard elsewhere (near to work for example)

5 you arent bringing in experts to testify so no.

If you want to get neighbours to act as witnesses then you do that as sworn statements and attendance when you exchange your papers with the claimant as ordered by the court. this is ages away. The reasons you quote are irrelevant so dont bother if that is the sum of it- this is all about CONTRACTS, not parking.

[sridas]

Hi Ericsbrother thanks for the reply.

 

Hi thanks for the reply

[ericsbrother]

so now you wait for the court to tell you what to do next.

 

Gladstones may well write to you and tell you that you have no chance of winning or that they will accept a lower offer to settle.

Ignore them but do let us know if they try this old trick.

 

Also expect them to claim that they are getting the matter decided by a paper hearing

-not their right but they may well ask the court for this.

 

Do not agree with it and only respond to the paperwork from the courts service, not from their office, even if it is an an official form.

 

If in doubt, phone the court and ask if they have sent out the form.

[sridas]

hi kindly see the email i received below today and advice me accordingly:

 

Good Afternoon,

 

We act for the claimant.

 

Please find attached our client's Particulars of Claim as filed with the court.

 

Regards,

 

 

I have attached the claimant's claim. Thanks Sri

additional POC.pdf