Euro/gladstones PCN claimform - Chamberlain Buildings ***Claim Dismissed***

[dx100uk]

if it makes you get your act together I will use any tool in my box.

and believe me that's not an insult..

 

sorry but since day one you made numerous schoolboy errors which you should not be making if you read up on things.

this is a court case remember, one simple mistake by you could sink you.

 

so court date is?

 

time to get on with your WS

 

and we haven't seen any PDF's up yet about this CPR return either

get them up

read upload ONE multipage pdf only please

 

 

 

[Rincon]

Ok. My understanding was that the CPR 31.14 was an expanded version of the POC anyway. Court date: 27th August 2019.

I have been drafting WS and will send mine as I took the photos after the event and the defendent will submit one. And a letter asking if I  can speak.

 

The CPR thingy is enormous so I'll try and get that thing up asap.

 

Not looking for further sympathy but my wife passed away 2 weeks before I joined this site, hence my daughter unable to deal with these bullies. And I also suffer from 'grief brain'. The terminology is new so I can get in a muddle.

 

as always thanks for your help.

[ericsbrother]

your ( daughters)witness statement will fall into 2 parts, first of all her version of the story and secondly the evidence to support that and rebut their claims.

 

Fior the first aprt you need to consider what to say about what actions were taken on that day and whether it is agreed that the signage was seen and accepted as a contract and then why it wasnt breached. So this is where you can say about what was visible at the entrance to the land and whether they were obvious from a motorists viewpoint and then go into the wording of the signs and why no contract was offered or formed.

 

If you want to use the POFA as your friend you say whay they havent followed the protocols and what that menas and always use other examples from court cases.

 

You then rubbish the substance of their claima nd especially the lazy POC where they ahve decided that keeper/driver are the same when they arent and how the POFA makes it clear that the maximum amount that can be claimed is the amount on the NTK so it is clear that the claim is against the driver by adding all the other supposed contractual costs and therefore proof of the defendant being the driver be provided or the claim be limited to the NTK amount (less 25% for abuse of the Civil Procedure- need to lookup where this penalty applies)

 

In the second part you have maps and plans, photographs and copies of the POFA and all of the cases you refer to. As you know the Parking Parnksters website and blog pages have a lot of cases to use as precedents and others that are persuasive. you must know the difference between the two.

[Rincon]

Dx100uk- scanned the 20 page CPR return from GLADSTONES just having a fiddle about to convert to a multi page PDF

 

Ericsbrother should I not submit a WS about the images I took also?

all points noted and thanks.

[ericsbrother]

yes, your piccies are to be referred to in your WSW and also to show theirs are wrong so they cnat be trusted to tell the truth elsewhere ( worded carefully  in your version of course)

[Rincon]

CPR request from GLADSTONES uploaded comes under attachments

[Rincon]

Latest blurb from GLAD STONES

Please find enclosed, by way of service, the Claimants Witness Statement

 

The Assumption is that our client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9 However on some occasions our Client may wish  to attend and will do so.

 

We confirm the statement has been filed at the court.

 

Seems like they will not turn up and want the court to decide??

[honeybee13]

Are you planning to attend, Rincon?

 

HB

[Rincon]

Yes- I've spent 4 months back and forth with this outrage on top of having 'grief brain' 

I went to court physically 2 weeks ago and they suggested I couldn't be a lay rep as I wasn't legally qualified but said I could ask which I have.

 

i hope when we turn up and if we win we can still claim my daughters wages??

[honeybee13]

Ahh, it had slipped my mind that it's your daughter, sorry. Is she going too?

 

HB

[Rincon]

Yes - she has to attend.

[honeybee13]

Moral support is always good.

 

HB

[Rincon]

They haven't identified any signs- just said signs.

Plus I didn't think they are supposed to make comments about our WS until the day?

They've gone on about DVLA details and haven't referred to signage at the entrance just the one on site and the fact that she had been to Greggs...

[dx100uk]

she can claim £90 lost wages take prrof

[Rincon]

Thank you

[ericsbrother]

read up on rights of lay reps, my local court staff confuse them with Mckenzie friends, which are different. Lay reps have to be that so yu cant use a solicitor as a lay rep but you can use a professor of law if you know one.

take a copy of the ruls with you as well as telling the court that you will be attending in that capacity with your daughter so the judge isnt surprised by 2 people asking or answering.

can you post up their WS so we can try and pick holes in it, there is nothing attached to your earlier post

[Rincon]

Ok-put it on in the morning. Thanks for your help

[dx100uk]

posts removed

 

one multipage pdf only please

read upload

 

dx

 

[Rincon]

Ok I'll give it another try with one multipage

[Mrs O'Frog]

Can't read that - you'll need to scan and put it in a multi-page pdf document

[Rincon]

back to the drawing board- they are scanned images in jpg format

[dx100uk]

then use the websites detailed in upload

its why we wrote the guide

[Rincon]

Gladstones refer to an operator-shouldnt this person be present in court as their witness?

The account of events by operator are completely ficticious. How can we question this?

 

Their witness statement addresses points in our WS. I thought we arrived in court on a level playing field and cross examined there,not before.

[dx100uk]

pitfalls of filing yours to early

[Rincon]

Ok. Point taken. Still didnt think they should comment before the court date. Not worried just curious