Gladstones letter after filing defence. Advice needed please!

[sammy79]

Hi, I filed a defence to an SIP parking fine where the driver overstayed in a carpark where there was no way to pay for additional parking. The court has written back asking to fill out the N180 form (Directions questionnaire small claims track)

However Gladstone's have now sent the following letter. Should I still fill in the N180 asking for mediation? I do not owe them anything so there is nothing to be settled.

Also, the enclosed copy of their clients completed Directions questionnaire is not filled in at all. So I although the letter then goes on to state 'you will notice our client has elected not to mediate..' The questionnaire has not been filled in or they've sent the wrong copy? What do I do?

Thank you in advance

[ostell]

Re: Gladstones letter after filing defence. Advice needed please!

Looks like Gladstones have blown it again!

This is their standard letter requesting a paper only hearing so that it keeps the cost down and sets up so that you will probably lose.

Here's a response from the Pepipoo forum, courtesy of user Gan. Edit to suit and enclose with your DQ

The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.
The Claimant also requests to transfer the hearing to the claimants local court if the Defendant does not consent.

The Defendant objects strongly to these proposals.

The Defendant denies that the matter is relatively straightforward.

The issues in dispute include uncertainty about the boundaries of the parking area and the signage that was in place at the time
As a litigant in person, the defendant would be seriously disadvantaged against the claimant, a parking company that has employed its trade association's solicitor to prepare its documents.
The defendant will probably also wish to question the claimant regarding its witness statement and other documents.
The defendant will in particular wish to verify that any photographs submitted by the claimant show the signage in place at the time of the event and not the new clearer signs that have since been painted or erected.

The defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the defendant is a consumer.

When you complete your own version of the DQ you send one copy to the court and the other to Gallstones. Enclose with it a letter telling the court that Gladstones have failed to supply you with a copy of their completed Directions Questionnaire, as required by the court. You should get a copy of the DQ top complete from the court soon. If it does not arrive then phone the court and where is it.

[sammy79]

Re: Gladstones letter after filing defence. Advice needed please!

Thank you very much for the response.

I'm assuming I should be ticking yes and agreeing that this case be referred to the small claims mediation service? If yes, should I also be ticking yes for the small claims track being appropriate for this case? Finally, in section D it asks for the hearing avenue, should I put down my local court for this as mentioned by you in your previous post?

Thanks again!

[charitynjw]

Re: Gladstones letter after filing defence. Advice needed please!

I would tick 'yes' for mediation.
Some parking co's state (on the DQ) that, in their opinion, these cases are not suitable for mediation, but the courts are very hot for this nowadays, & I'm of the opinion that it doesn't do any harm to appear to be reasonable.

Yes for Small Claims
Yes for your local court (or a nearby one that is convenient)....the court will have final say, but for a claim against a Defendant who is an individual it is usually the Defendant's home court.
You are also asked how many witnesses attending for the Defence. The Defendant themselves are counted as witnesses, so if it is only the defendant who will be appearing in court, put '1'.