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

[billybobyeeharrboy]

 Where will it say that, shall I post it up, redacted

[dx100uk]

if it doesn't mention that yet ok

no need to see it.

await your N180 from the court

 

dx

 

[billybobyeeharrboy]

1.

As the ex registered keeper of vehicle xxxx xxx and not the driver, the breach of terms is denied. No contract has been formed.

The contract has not been agreed to by myself as the registerd keeper. 

The contract between GXS and the Landowner which gives GXS the right to enter into.contracts with the public has been requested (letter dated 13 June 2019) and has failed to be supplied.

 

2.
It is denied that the driver of the vehicle xxxx xxx agreed to

pay the PCN as the PCN was never seen and furthermore the 

registered keeper denies agreeing to pay the PCN.

 

3.
The claimants claim to the unpaid PCN is without grounds
as keeper liability can never arise under POFA 2012 as the NTK was received (26 June 2018) 66 days after the alleged breach was made, outside of the limited time of 56 days allowed by POFA 2012.

 

4.
no comment

 

5.

The claimants claim to the unpaid PCN is without grounds
as keeper liability can never arise under POFA 2012 as the NTK was received 66 days after the alleged breach was made, outside of the limited time of 56 days allowed by POFA 2012.

Any contract is denied as the land isnt relevant land under the POFA and is covered by its own byelaws so no lawful contract can be offered by the claimant and no liability created for breach of
the same.This claim has no legal standing and the case is requested to be dismissed under CPR 3.4.

Additionally I am currently away travelling in Peru, I have been away for the last 8 months and thus have missed much of the claimants correspondence. If I am summoned to court, I will be seeking my airfare and travel expenses from the claimant.

Sincerely xx

[ericsbrother]

you have contradicted youself by saying you are ex-keeper. If you were the registered keeper at the time then you dont try and muddy the waters by saying ex-keeper. Stick that in front of a judge and you will just annoy them.

 

Now my poijt about being in Peru is to determine costs, not get sympathy so the poinjt is totally lost in your submission. Your should ahve said as the claim is totally without foundatuioj and you are currently residing in Peru you will be forced to return to the UK and will be seeking your air fare plus accommodation costs when the claim is successfully defended.

 

basically youwant them tho think that they are going to lose a fortune for trying it on and this will make them think very seriously about whether they want to discontinue.

You couls make them correspond with an adress in Peru and that would be even better

[billybobyeeharrboy]

Ok form N180 has now turned up!

[dx100uk]

ok well as you've been reading up in the downtime? you should already know how to deal ...3 copies

[billybobyeeharrboy]

3 copies.

 

1 returned to the court  (by post)

1 served to the claimant (GXS)

1 copy for myself (?)

 

Also say no to mediation

[dx100uk]

no to med

1 wit you

 

3 copies

court

gladstones [minus email/phone/sig]

I for your file

[billybobyeeharrboy]

AWESOME THANKS 

DX

!

 

GXS Services LTD

-v- 

Mr XXX XXX

 

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

 

 

Georgia

Litigation Assistant

 

 

I wrote in the N180 that I wanted a hearing at my local court!

[dx100uk]

std letter they always send.

 

 

[billybobyeeharrboy]

does that mean they will or wont turn up to court, does that prejudice my case/ give me an advantage?

 

Can I request that they attend court?

[dx100uk]

time to read a few Gladstone claimform threads here

all then will be answered.

[ericsbrother]

Pay attention at the back, it is the same for all of their claims.

they hope you agree to this so they dont have to turn up and get thrashed but get away with telling a bundle of lies in writing with no-one there to challenge it.

that also makes them an extra £50 for their solicitors costs they havent had to actually work for because there will be nothing to attend if they have their way

[billybobyeeharrboy]

Thanks for highlighting the sad truth of this whole charade.

Looking forwards to my day in court to see what happens!

N180 submitted now, whats next?

 the claim details are no longer on MoneyClaim online,

I am just waiting for the case to be allocated to the small claims county court.

 

[dx100uk]

Eh?

It doesn't usually vanish...

[billybobyeeharrboy]

yep

I am very confused

I did ring up the courts and they said that its waiting to be allocated..

I can't find it on MoneyClaim online though.

When I sign into MCOL I am getting this

Select Account Type

Your credentials were accepted. Select your account type.

Select the type of MCOL account you would like to create.

I am just wondering if I am logging in with a different sign in??? 

[dx100uk]

You must be

[billybobyeeharrboy]

WELL VERY STRANGE 

every time I put in the claim no. and password all I get is:

 

The following errors have occurred:

1. Claim number or password is incorrect.

[dx100uk]

ok well it might be mcol is having a hissy fit during a weeknight

usually its the W/end 

see if its back tomorrow.

[AndyOrch]

Haven't you already got a claim going as a claimant re Bathrooms ?  Check your account details.

[billybobyeeharrboy]

Hi Andy,

 

yes thats on a different account

 

just created a new sign in and tried the claim no and password still comes up with same message wrong password etc

[dx100uk]

if a claim has already been 'claimed' by an mcol log-in you cant do it again.

await the morning.

[ericsbrother]

 have the claim number and you have been told by the courts service it is waiting for allocation.

There is nothing you can do in the meanwhile other than keep a watch on things.

 

Now MCOL has 2 versions running so it maybe that your login is correct for only one of those, you can use different login credentials for them and their system may well have its knickers in a twist.

 

Just ring the court every fortnight if you get no letters.

That spacing will mean you dont miss anything.

[billybobyeeharrboy]

thanks for the advice Ericsbrother, I am going to have to speak to the court.

 

Funnily enough after the last post back on the 12th of September I managed to log in and view my claim.

 

Now that I am logging back in I am again the same thing is happening....I can't see the claim....very bizarre! 

[billybobyeeharrboy]

Hi all so I have received the correspondence from the court....

.......

The Claimant shall by the 30th of October file with the court and serve a copy on the Defendant a Reply and its proposals as to the issue of the Defendant having to return from Peru for the Hearing.

 

The file is to be referred to a district judge on reply.

 

 

allocation of court hearing_Redacted.pdf

 

any thoughts?