UKCPM/Gladstones - Claimform - Pavilion Retail Park Lewes Rd Brighton BN2 3QA **Claim Dismissed**

[FTMDave]

Well the PoC includes £60 Unicorn Food Tax. 

[robert_harper_2000]

Sar the solicitors or the car park

[dx100uk]

They've got a cpr already..think about it.......

[FTMDave]

 

dx is obviously right, forget the SAR.

[robert_harper_2000]

Consider it forgotten. I’ll remove the additional charge number 5?

[dx100uk]

i was simply pointing out that the sols already have a document request via a cpr 31:14, which ofcourse they don't have to comply with. but you very rare ever SAR a solicitor anyway an sar should always goto their client.

 

now in the course of the court claim, if they run this to the end, before a judge, each side must complete a witness statement and will make ref to certain pertinent documents which must be produced. you will point out they have not provided all of them and they should they state they rely upon what they hold, must produce them as exhibits. for each of you this will be a  sink or swim situation as to which way the claim goes.

 

an sar to the PPC should of course should provide everything and by law, you could thus latterly raise a separate claim should they fail too comply to it, but realistically that has no real relevance to this speculative invoice court claim other than p'haps a brownie point in your WS. it is also worthy to remember that if an sar is raised and complied with, whatever it contains, does not absolve them including all documents they intend to rely upon in there WS. the choice to SAR is yours.

 

there is nothing to say it won't throw up something very useful to you in your WS, and ofcourse as long as your exhibit 'that' there is nothing wrong in doing so.

[FTMDave]

On 24/08/2021 at 22:32, robert_harper_2000 said:

Consider it forgotten. I’ll remove the additional charge number 5?

They are two separate matters.

 

Sending a SAR to UKCPM wouldn't hurt you, but as dx points out you've already got CPR going (which I forgot about!)

 

The defence is another matter.  Up to you whether you want to include (5) or not, it doesn't make much difference, the important thing is to simply file a generic defence.  I just suggested (5) as these companies invariably invent Unicorn Food Tax so it's a useful generic stick to beat them with.

[robert_harper_2000]

Received a letter from solicitor that their claimant wants to proceed with the claim. They have attached a copy of the claimants completed directions questionnaire. Can’t believe they want to proceed! Literally one tyre over the line in a free car park. I’m happy to go to court 

[honeybee13]

Hi.

 

Could you post up the letter please, minus anything that could identify you?

 

HB

[dx100uk]

Std letter sent to intimidate. Means nothing

 

check mcol site claim status

have n180's been sent out?

[robert_harper_2000]

But I need to reply to the questionaire form? 

[honeybee13]

Which questionnaire do you mean please, Robert, the N180?

 

HB

[dx100uk]

what is the status of the claim on MCOL website?

does it state DQ N180 has been sent to you and the claimant.?

[robert_harper_2000]

I'll check when I get home to the paperwork. Yes it was the N180

[dx100uk]

no to mediation

1 wit you

 

the rest is obvious.

 

3 copies 

1 to the court

1 to gladstones

1 for your file 

 

 

 

[FTMDave]

Any update on this case?

[robert_harper_2000]

Sorry yes I missed the court date but they didn’t show either. But the case was in my favour. I won! Well we won!

 

thank you

[dx100uk]

so it went right through to WS stage?

 

dx

[robert_harper_2000]

Ws? It went through to a video court date and no one showed. But judge read the paperwork and saw in our favour

[dx100uk]

for it to get that far you would have had to have sent a witness statement in

 

so thats what won the day...good result then.

 

dx

 

[FruitSalad1010]

In order for your witness statement to trump theirs in a case that was heard on the submitted documents only means your witness statement was clearly well put together.

Congratulations, clearly a deserved win.

 

If you have the time perhaps posting up a redacted copy may assist others in future in defending such claims.

[FTMDave]

Well done on your victory! 

[robert_harper_2000]

Thank you without you guys wouldn’t have won

[dx100uk]

well when things are better for you.

pop up the ws you filed.

 

i will guess you got a letter from the court/judge saying claim dismissed?

 

dx