Parking Control Management UK Gladstones Court Claim

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Ah I see - I will work on this over the weekend so that I can submit by Sunday night.

If this ever happens again I will certainly be sure to deal with things at the POPLA stage!

Many thanks
F

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

I would be grateful for your opinion on the attached.

Many thanks
F

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Argh. Have just gone to check the online system and it only allows 122 lines. Will need to cut down.

F

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Ok no worries - all trimmed and submitted!

I guess they have 28 days to respond now...

BW
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Should've emailed it and kept it whole.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

To be honest I didn't know when precisely the deadline on 13th was so just wanted to avoid all doubt.

Also there was nowhere on the MCOL system that allowed me to say I was sending the defence separately so didn't think it could be done.

Anyway, what would happen if I were to apply for summary judgement now? Would they also have ano extra chance to add additional particulars or submit evidence or would judgement be made based on both of our statements as they stand?

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Anyway, what would happen if I were to apply for summary judgement now? Would they also have ano extra chance to add additional particulars or submit evidence or would judgement be made based on both of our statements as they stand?

The same as before. You make an application and it would be heard. The other side always have an opportunity to amend things although the later they leave it, the less likely it is the court will accept it and it'll cost them an application fee to do so.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

Have received an email from Gladstones informing me of PCM's intention to proceed with the claim and requesting a special direction for a papers only hearing on the basis that the case is relatively straightforward (standard response it seems). They also say that if I reject their request for a papers only hearing then they'd like the case transferred to their local court.

Should I now wait for the court to send to me a Directions Questionnaire to fill in?

I will obviously be objecting to a papers only hearing but in respect of choice of court, should my argument be that I'm a LIP and the Claimant is a company?

Also, should I be sending copies of everything I file with the court to Gladstones from now on?

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Yes, yes and yes.

Obviously as they've had their DQ yours should follow soon. If not ask the court if it has been sent.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

I've had my DQ now so will send this off.

Just had a few quick questions please:
1) Should I be preparing a skeleton argument at this stage?
2) Is there any sort of Defence in court against a claim that the contract might have been accepted on the basis of displaying a parking permit? (Obviously that particular claim has not been made because the particulars just vaguely state "breach of the terms and conditions").
3) Further to 2) above, if this line of claim was brought up in the evidence pack or in court would I have grounds to say that I've been unfairly disadvantaged by inadequate particulars?
4) Are there any extra costs that I could be hit with after the hearing?
5) If I wanted to hire someone as a McKenzie friend would I need to declare this to the court in advance?

Many thanks, as always, for your ongoing expertise
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

1. A skeleton argument should begin preparation from the minute the claim form arrives, usually in your mind until the later stages when you'd start constructing in writing. However it shouldn't be submitted until after you've seen their evidence unless they are hopelessly late.

2. Well it would depend on the facts to be honest. There has to be offer, consideration and acceptance both ways.

3. Yes but if in evidence we'd use skeleton argument and witness statement to counter.

4. Costs are limited in small claims. As long as you do as the court says, follow the rules and don't be an utter arse it'd be unusual to have more than claimed to pay. Perhaps in some cases some travel costs but it's usually local agents on a fixed fee. CPR 27.14 and Practice direction 27 details the costs rules.

5. No. If i was paying i'd want a lay rep rather than a McK friend i think. The cost may be prohibitive and most times you won't get it back unless the claimants behave unreasonably.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

Just a quick update. We've both submitted DQs now and the court has transferred the case to my local court.

It says in the letter that the case will be referred to a procedural judge to assign the case to the appropriate track. Hopefully this is the point at which the case is dismissed!

BW
F

[ostell]

Re: Parking Control Management UK Gladstones Court Claim

Unfortunately no. They are deciding the track and in your case it would be, most likely, the small claims track. This is where they are also working out the date.

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Thanks Ostell.

Ah well... Wishful thinking!

BW
F

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1 and Ostell,

So I've received a date for the hearing on the small claims track...

I've received an order that the parties have to send "[a] written statements of the evidence of (a) themselves and (b) of any other witness whose evidence is relied on in support of the claim or the defence and [b] copies of any documents which they propose to rely on at the hearing."

What actually is required here please? Is it just a witness statement or is a whole skeleton argument needed? If so then I would have absolutely no idea how to go about this...

Many thanks
F