Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd ***Claim Dismissed***

[Nicky Boy]

And... they are still emailing you... having previously stated the last time was an oversight!

[dx100uk]

locum instead?

[Nicky Boy]

Just checked... you could ask for the claim to be struck out for non attendance under CPR 27.9(2) ?

 

Because they have not given you written notice. (You've disallowed e-mail service).

 

But presumably you'd have to do this on the day, because you "don't know" about their non attendance until then?

[Digital_2012]

@Nicky Boy Yes i disallowed them and again they sent email no written letter maybe have to wait few days if they send letter 

[honeybee13]

What do you mean by disallowed please?

 

HB

[Digital_2012]

@honeybee13i have told them not to email me as i dont follow email for this case related communication i asked them to send written letter to my postal address 

[Nicky Boy]

And they appear to have already ignored your instruction at least once already...

Edited October 28, 2022 by Nicky Boy

[Digital_2012]

@Nicky Boy yes they ignored it b4 and this their second time they still sending email despite mentioning in my WS that they communicating through email instead postal communication

[brassnecked]

You did send them a letter through the post with free proof of posting that email will not be accepted?  If so you can use that in court if it becomes necessary.

[Digital_2012]

@brassnecked yes i did send a written response asking them not to send email got all the proof of posting etc

[dx100uk]

your relies dont seem to convincing you actually stated (only) what you were told to send.

 

can we see what you actually did say please?

 

dx

[Digital_2012]

@dx100uk here is the covering letter which i sent on 18.07.22

 

Date: 12th July 2022

Dear xxx,

Re: Claim Number xxx ,

 

Your client HX Parking

 

In accordance with the court order of 8th April I enclose my "concise written response" to the Witness Statement the court ordered you to send me by 29th June.

My reply is incredibly concise given you've been too bone idle to bother complying with the court order.

I have already informed the court that you didn't send me a Witness Statement and have reiterated the same in this document.

Do people really pay you for legal "representation"? I could do better myself and I've never studied law in my life!

Good luck in explaining away your constant defiance of the Court's orders to the judge!

 

Yours,

 

 

 

 

 

 

 

 

 

 

 

 

 

Initially i have sent this email to ask them not use email for communication here is the copy paste

 

Email sent 4th June 22

 

Court Reference: xxx

 

Hi,

 

Just to let you know that my address has been changed from xxx to new address xxx so please send the future correspondence to my new address

 

Its XXXX

 

Also this email no longer to be used in any correspondence regarding our mutual court matters, so please use my postal address

 

Thank you

 

 

[Digital_2012]

I am still confused

 

they are saying they will not attend the hearing so what does it mean?

Are they playing any new trick?

I know they will still go ahead which i will definitely attend

but how will it effect over all on the case if they are not attending the hearing 

[dx100uk]

could be a trick esp if they have not informed the court directly?

we've seen this before, the defendant thus does not turn up either, but they do....sneaky little trick.

its also worthy to note that, 9/10, if one party does not attend, regardless to everything else, the part that attends wins .

[Digital_2012]

@dx100uk 

[AWildlad]

People are misunderstanding this letter

The claimant wont turn up that is correct, in their place will be an advocate / solicitors agent acting for Gladstone's, normally supplied by Elms Legal or sometimes LPC Law 

 

[dx100uk]

no it will be a locum to the court.

elms and lpc stopped getting gladstoned months ago.

 

 

[AWildlad]

A case I was involved in was Via Gladstone's (UKCPM) on Thursday last week - In person hearing with a solicitors agent sent via Elms Legal

[dx100uk]

Hope you got a notice of acting and they filed the correct form to the court first? Else you let them get away with that.  If a different sols turns up from that on the claimform......

 

Elms&LPC typically dumped all simple Simon cases.

[AWildlad]

No its not a case of a change of solicitors

The claimants solicitors don't change, they just simply use (instruct) a third party who use one of their self employed advocates/solicitors agents to attend the cases on their before

Its how the majority of cases are conducted in the county court

[dx100uk]

hope they wrote the witness statement then...

 

next time do it properly . state the facts and the claim will be struck out. 

it is NOT how the majority of CC claims are conducted if the court and you are not informed in advance..

 

 

G4QZ465V Excel v Wilkinson.pdf

[AWildlad]

Sorry but the majority of cases are conducted by independent advocates across a range of cases 

 

Around 85% of cases that are seen in the county court are done by independent advocates who are not directly employed by the clients solicitor and there are a lot of firms who specialise in this work. Instructions and cases files are sent to the firm and they then select the relevant advocate.

 

So in this case it will be a firm like Elms and there will no issue at the hearing.

 

Anyway good luck to the defendant in this case.

 

[Digital_2012]

Hi guys my phone court hearing is on 17th Thursday any advice or tips i am reading my ws and defence to remember the key points

[FTMDave]

Firstly, if you can, request that the judge not admit HX Parking's evidence due to their solicitors constantly ignoring court orders.  Say they have shown contempt for the court and for you.  Have all the dates showing their laziness ready.

 

Then have your bullet points ready.  Your ace is that their were no signs near McDonald's.  You have shown what the site looked like at night.  Despite producing two WSs, Gladdy's haven't even attempted to show the site at night.

[Digital_2012]

@FTMDave