Euro parking Services/Gladstones Claimform - for PCN

[Startkey&Clutch]

Managed to speak to the court who said you can only log into the portal once!

 

Emailed it, faxed it and posted it so fingers crossed.

 

Am now waiting for gladstones to respond to the cpr request.

[dx100uk]

what aload of cobbrerers!!

 

 

until the claim is closed one way or another

mcol should allow you in to see the status right up until allocation stage

[Startkey&Clutch]

It didn't sound right to me either, that's what she said though.

 

 

Anyway it was faxed, emailed and posted so they should have it now, just waiting for Gladstones next move, will see what they send.

[ericsbrother]

do they mean you can only do 1 incorrect login?

[Startkey&Clutch]

Had a response from sadstones, they say that crp 31.14 does not apply to my case and the documents requested are not mentioned in their particulars of claim, they go on to suggest I should find another solicitor.

[dx100uk]

good hiding stuff they don't want questioned.

 

 

let it run

 

 

don't miss your defence filing date whatever happens

[Startkey&Clutch]

The defence was submitted in time, court says they sent it to them and its suitable for mediation.

[BazzaS]

Had a response from sadstones, they say that crp 31.14 does not apply to my case and the documents requested are not mentioned in their particulars of claim, they go on to suggest I should find another solicitor.

 

These are two different issues : a) does CPR 31.14 apply to your case, and b) Are the documents you have asked for covered by CPR 31.14?

 

A) CPR 31.14 doesn't apply to the small claims track.

However, whilst it seems likely the case will be small claims, at present it isn't allocated to a track, so CPR 31.14 does apply.

 

B) Can you post up their PofC? (aka statement of case)

Since:

 

‘document’ means anything in which information of any description is recorded; (CPR 31.4), so "document" is construed VERY widely, and

31.14 notes (1) A party may inspect a document mentioned in –

(a) a statement of case;

[Startkey&Clutch]

They have sent lots of papers asking for a paper hearing, a request for a special direction, track and 'about the hearing', what do I do with all this?

[dx100uk]

you 100% refuse a paper hearing!!

 

 

face to face questioning about WHERE ARE YOUR DOCUMENTS

is what they are trying to void.

[ericsbrother]

Keep them filed safely,

they want to tell their lies on the cheap as they know they will lose in cross-examination.

 

A letter to the courts service objecting to a peper hearing will do,

 

it is not down to Gladdys how this is dealt with but dont give them the chance to try it on.

 

No need to tell them anything about the request.

 

They have sent lots of papers asking for a paper hearing, a request for a special direction, track and 'about the hearing', what do I do with all this?

[Startkey&Clutch]

Thanks EB, are you saying I should write as well as fill in the form?

[dx100uk]

are all the forms from the court and what are they please [number]

ignore forms from the claimant or their sols.

 

 

dx

[Startkey&Clutch]

There have been 2 forms the same, one from sadstones and the other from the court, titled 'notice of proposed allocation to the small claims track' the one from sadstones was already filled in.

[dx100uk]

that's easy then

fill in the court one and send it back.

 

 

enclose a covering letter regarding no to a paper hearing

[Startkey&Clutch]

Ive sent it back and its been allocated to a local court, is it worth re-requesting the cpr 31.14?

[dx100uk]

god no

its to your great advantage that they wish to frustrate you and the court process

[ericsbrother]

as it is Gladdys they wont have got the origianal POC right and you can go for a strike out on the failure to fulfil the requirement of CPR 16.4. Very popular at the moment so read up on it the failure to respond to a CPR 31.14 reinforces this.

[Startkey&Clutch]

Sorry "poc"?? Is that 'particulars of claim'?

 

The particulars of claim are not very particular on the form from the court.

 

It looks like theyre taking this to court as Ive got a date and they've paid the hearing fee.

 

How do I go about getting it struck out?

 

The judge who has been allocated has suggested mediation which has been rejected but Im in the dark as to the next step.

 

Would I be ok sending this to the court??

Case number ********

 

Dear sir/madam

 

I am writing in relation to the above case.

 

Gladstones have failed to show a cause for action with particulars of claim, they have also refused my CPR 31.14 request, they simply haven’t followed the procedures to show why they are claiming from me, therefore they have failed to fulfil the requirement of CPR 16.4

 

I request the case to be struck out as it has no prospect of success.

[ericsbrother]

OK read the pranksters thread on this as the particular of claim must contain a certain amount of information about why they are suing you and how much for.

 

 

They use a generic " monies owed to client and costs" rather than a breakdown of how the charges came about and the exact nature so whether for breach of contract or as a contractual sum (very different but they confuse them).

 

You can go for a strike out under CPR16.4 as you state but you should add a bit more as to why it is inadequate and the signage and compliance to the POFA will determine that.

 

 

You can also add that it is impossible to adequately prepare a defence when you dont know the details of the claim and that the claimant has faield to respind to a CPR 31.14 so it is concluded that they dont have any authority to bring this matter to court and that this is a common practice by the claimant and their solicitors ( quote case ref no's available on pranksters blog so court know that you know this is not an isolated hiccup)

 

You need to stick it in them or it wont be considered before a hearing.

Edited December 8, 2016 by dx100uk

[Startkey&Clutch]

Thank you ericsbrother and happy new year.

 

 

Sorry for the late reply but Ive been in hospital.

 

 

Did manage to get the letter off to the court before my admission though, haven't heard back yet, do I need to start preparing a defence?

[dx100uk]

you filed you defence long ago

what stage are you at now?

[ericsbrother]

you should have had your defence sorted out 3 months ago

 

 

regarding getting all of the information,

cases you wish to quote,

witness statement,

pictures of signs from google etc.

 

 

Also council response on planning permission,

Land registry entries for who owns properties adjoining the carpaprk and who actually owns the spot where you parked.

 

Chase up the CPR 16.4 as well,

probably wont get it but you may get a directions hearing where a judge will look into both sides arguments ahead of the hearing.

 

 

This may be on paper so you will need to be able to send them and you dont appear to have sorted anything out yet.

[Startkey&Clutch]

The stage is waiting for the court date, a defence was submitted but it was skeleton, I

believe I had to submit something 14 days before the date or is that they have to submit their papers??

 

Unfortunatly the council said planning permission is not necessary for their signs.

 

A paper hearing was refused and there is a date for a full oral hearing.

 

The land owner has been approached but washed his hands of it,

Euro told him its out of their hands as its with Gladstones,

so its Gladstones that should be contacted,

needless to say that hasn't been done!

 

By chase the CPR 16.4 do you mean call the court?

 

Please tell me what I need to get for the court,

Ive been far too ill to do anything for several weeks.

[Oddfellow]

Whoever you got at the council, they are talking out of their nether regions.

 

 

Signage such as this is classified as an advertisement, and as such falls under the Town & Country Planning (Control of Advertisements) (England) Regulations 2007.

 

 

There is a good "Guide for Advertisers" available at gov dot uk if you want to feel informed.

 

Some plonker round my way thought he could get some money from a major housebuilder by putting a large sign in his front garden to indicate where a new housing development was being built.

 

 

The planning authority enforcement team were alerted to its presence (cough), and it mysteriously vanished!

 

 

Fine on their site, but not his!