GXS/gladstones Windscreen PCN claimform - shoreham port basin rd southwick HN41 1WF ***Claim Discontinued***

[billybobyeeharrboy]

Thanks for clear instructions.

 

All.done and submitted.

 

Next to put CPR through to claimants solicitor

 

Keep a track of all the hours spent on this case and invoice at my hourly rate of pounds 20

 

CPR printed off and ready to be sent!

[dx100uk]

working?

 

[billybobyeeharrboy]

All good.

Thanks again!

[dx100uk]

no are you?
 

[billybobyeeharrboy]

Sorry I misunderstand.

 

No I am not working...I am currently away travelling and have been for last 7 months....hence have not been aware of certain correspondence from Gladstoned....does that make a difference?

[dx100uk]

ok.

don't forget this is a byelaw area too 

so there are so many things to shoot them with in the 1st few posts here

this aint going nowhere

 

they've just hoped you'd moved etc and wouldnt get the claimform.

don't screw up on timings and things you must do.

 

follow post 22 carefully

 

[billybobyeeharrboy]

Hi there,

I have followed posts very carefully, so whats the next stage submitting the defence..

...until what date do I have to sumit my defence..

..can I sue them for breach of POFA?

 

Best

Billy

[dx100uk]

which says at the bottom......

you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

 

[billybobyeeharrboy]

would dx100uk plus other members on this board be so kind to help me get the defence drafted so i can  submit asap and get the ball rolling.

 

K regards

 

BB

[dx100uk]

not due till/by 4pm 12th july

but will be our usual 2 or 3 line defence in just about any PCN claimform thread already here

 

dx

 

[billybobyeeharrboy]

Would you mind pointing me to an example template?

Also is it worth including the right to appeal in which they missed out as well as missing out on the 56 day deadmine under POFA

[dx100uk]

you need to be reading up....

cag is self help too!!

 

this is a court claim

a defence is NOT a template.

you need to understand why you are stating things else you'll look like a fool in court IF it gets that far.

 

plenty of topics to read here

use the google custom search box

on the left after clicking our top CAG box logo

 

PCN Claimform.

 

dx

[billybobyeeharrboy]

https://www.shoreham-port.co.uk/news/port-reinforce-importance-of-responsible-parking-

 

Found this not sure if relevant or not?

 

 

Is it worth at this point sending gladstones and their client EricBrothers snotty letter....had a good laugh reading that!

[ericsbrother]

no, too late for that. that si for when they send the LBA, which you shuld have had at elast a fortnight before they started the action.

IF you arent about to read your own paperwork sent to your home address tell us where in the world you are as you might be able to get a walkover victory

[billybobyeeharrboy]

Hi Ericsbrother.

Im in Peru at the moment and have been out of the uk since the beginning of December 2018.

How do you mean walkover victory?

[ericsbrother]

If you were in the EU you could have got the case transferred to a local court there. As it stands make sure that they know you will be seeking your return air fare as part of your costs.

again, that will come later.

[billybobyeeharrboy]

Ok CPR has gone over to gladrags....

 

I know certain people here think Im being lazy but a little nudge in the right direction with my defence would be much appreciated as with any further correspondence to gladrags that can be recommended.

 

Thanks BB

[dx100uk]

none necessary.

your defence will be either the 2 or 3 line one in most PCN claimform threads here already.

 

see my last post 

 

 

 

[ericsbrother]

you know what they are saying you did wrong so you read a load of threads and choose the brief outline that is appropriate.

We will have a look at what you think is the correct reply and suggest edits.

 

The reason we arent going to do every little thing for you is because YOU will have to attend court and if you dotn understand what the claim is for and what your defence is you will miss an open goal and likely score an own goal instead.

 

You have to be able to talk about this, even if it is reading a script you will need to be able to answer a few questions.

 

Cross examination  in court replaces trial by combat and you wouldnt turn up to a sword fight without a weapon so arm yourself with knowledge

[billybobyeeharrboy]

Hi Ericsbrother,

Thanks so much for your detailed response and yes even if you give me all the points you think are relevant I would never rely on those points if I dont understand them neither agree with them.

I understand what you mean with the sword synonym

unfortunately have had court experience in the employment tribunal and thought I was defended by having a barrister who proceeded to cock up my case 

very frustrating having to sit there watch the barrister completely wreck my case....

when I represented myself at the Employment appeals tribunal i faired much better representing myself however at this late stage was too late to turn things around.

 

Best wishes

[ericsbrother]

ET's are very different to a county court, dont try and compare. I have seen some shockingly biased people sitting on an ET panels but you are less likely to meet such people as judges sitting alone.

 

One good thing about parking co claims though is generally they dont prepare properly because they dotn actually get that many properly defended cases going as far as a hearing.

Now when it gets to submitting your witness statements and other paperwork I suggest that you make it very clear that you are having to retrun home from Peru just to attend this hearing and will be looking for your air fare as well as other expenses to allow the parking co an excuse for pulling out.

A good time to start applying the pressure will be when you have to fill out the allocation questionnaire and use the bit about what court and available dates to fire a shot across their bows.

[billybobyeeharrboy]

had a response from Gladrags...

It is our position that the matter will inevitably be allocated to the small claims track in which CPR 31 does not apply, however we enclose the relevant documents in relation to the claim. We believe that the information enclosed is proportionate to the value of the claim.

At this stage proceedings have been issued therefore we await a copy of your formal response. It is noted that judgement in default is due to be entered on the 15th of July 2019 without further notice

1. The contract between GXS Services Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.

COMPLETELY OMITTED

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

COMPLETELY OMITTED

3. Copies of the notice to driver, notice to keeper and any other correspondence from GXS Services Limted & Gladstones Solicitors Limited to the defendant that they intend to rely upon in court.

THIS WAS INCLUDED, HOWEVER OMITTED WAS RIGHT TO APPEAL THAT ARRIVED PAST THE 56 DAYS.

ANY IDEAS.

WOULD IT NOT HAVE BEEN BETTER TO SEND AN SAR???

[dx100uk]

no why..

think about it...

 

dx

 

[billybobyeeharrboy]

Hi dx100.

 

Not sure what you are referring to?

[dx100uk]

what happens if they cant produce the evidence.....