Sainsburys - horizon parking ltd - county court claim - Letter Received

[johnyb121]

Hi,

Sorry for the repost but I had an old post about this but can not get any responses basically I recived a small claims court from horizon parking for parking in sainsburys car park. I filed my defence and have now received this letter from Gladstone horizon basically saying they want it to go to court and will not mediate. They have also said in the questionnaire that they will not be able to attend the hearing for the case. On the covering letter they have also stated the client would be happy to listen to any genuine payment proposals that we wish to put forward. To make this easier I would pay a small fee to them to just get this finished and closed is it worth me contacting them and offering say £40 or would this be pointless? I have attached the letter.

Here is the link to my previous post.
http://legalbeagles.info/forums/show...372#post748372

Thank you guys.

[charitynjw]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

Do not agree to a hearing on paper.
It puts litigants in person at a serious disadvantage.
Much better to go to the hearing in person & give oral evidence.

Have you been sent a DQ from the court yet?
If not, actually write on it that you want a hearing in person & give the above-mentioned reason.

[johnyb121]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

Hi,

Yes I have received the DQ from the court. Would I have to attend on my own then even though they would not be?

Would it be worth calling them and making them a small offer to get this finished and settled or better letting it go to court? If I didn't win the case would I occur any more fees?

I am a bit worried about it going to a hearing as I am not really to sure what I would have to say.

Thank you for your help.

[charitynjw]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

I recived a small claims court from horizon parking for parking in sainsburys car park. I filed my defence

Would I have to attend on my own

Who is the named defendant on the court claim form?

[johnyb121]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

I am, my brother started the thread for me but my name is on the Court Claim.

[charitynjw]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

I am, my brother started the thread for me but my name is on the Court Claim.

Ok.
Just that on your previous link it says

My sister has had a claims letter come through which was for tickets at sainsburys a fair while ago

Same Gladstones letter as well.
Are there 2 claims? Or am I missing something? (If so, well it is Monday morning.....)

[johnyb121]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

haha yes sorry for the confusion this is for the same claim as the other thread which my brother started for me, I just started a new thread as I could not get any responses to that one.

They are trying to claim for a few different dates which date back to around 2013/14.

Would it be worth calling and seeing what offer they would accept or could this hinder the case in anyway if it goes to court?

Thank you for your help.

[charitynjw]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

If it were me I would not phone either Gladstones or the parking co.
In writing only, & with proof of sending.

Any offer, if you feel it is the way to go for you, should be headed 'Without Prejudice' & clearly state that no liability is inferred or intended.

[ostell]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

The hearing on paper only is a well know gladstone trick to save themselves costs and make it easier for you to lose. With your DQ object to a paper only hearing and request that the hearing is at your local court so that you can defend and question their representative.

Have a look on the PepiPoo private parking forum. Look for Gladstones and special directions. See suggested responses.

[johnyb121]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

Hi Ostell,

Ok thank you I will have a read through and object to the paper hearing.

It has special directions on there DQ and says that they will not be able to attend the hearing and request the claim be transferred to the claimants court. Does this mean that no one will show up to represent them? surely this will not help them.

When I send the DQ back today do I need to also send Gladstones a copy or just straight to the court address on the DQ

Thank you

[charitynjw]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

Nominate your local court (or one that is convenient).

Send Gladstones a copy as well....get proof of posting.

Gladstones do sometimes attend....usually a solicitors 'agent'.
There is an issue regarding whether they have a right of audience or not. (See https://nearlylegal.co.uk/2017/01/so...ghts-audience/ ) but I am led to believe that in these parking cases some judges allow it just to get the case over & done with.

[johnyb121]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

Ok great thanks i will get this sent off today,

Do I just need to send a covering letter to Gladstone or shall I scan and copy all of the N180 form and attach that and send it to gladstone to?

I took the below off another thread from a site Ostell posted above will this be ok to use for the covering letter?

The defendant objects to the the request for a paper hearing. Gladstones solicitors have a record of filing incorrect documents in court. In Link Parking v Cowles B5GF95H3, Chippenham Court, 24/11/2015 in front of DJ Asplin, it was found that a witness statement prepared by Gladstones solicitors and signed by Martin Gardner of Link Parking, contained false information. Martin Gardner admitted signing the witness statement before it was fully prepared.

As the facts of the case are in dispute, I believe it important to be able to orally challenge the claimant, and any witness statement they may file later.

It is also noted that Gladstones regular behaviour is to ambush defendants in court by failing to provide any information until the last minute. I therefore wish to be able to challenge whatever information is filed should I disagree. It is noted that the correct procedure is to file any challenges to my defence as a reply to defence. Gladstone solicitors regularly ignore the court process by attempting to file new legal arguments in their witness statement at the last minute. As they are regularly assist in parking cases they are well aware this is not correct procedure.

Should they do this, I would need to orally dispute this.

For all these reasons I request that an oral hearing is held.

[ostell]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

... an oral hearing is held at a court local to me.

Yes to the court and a copy of the letter to Gladstone. You are required to send a copy of your DQ to Gladstones as well as the court. Get free proof of posting from a Post Office.

[johnyb121]

Re: Sainsburys - horizon parking ltd - county court claim - Letter Received

Thanks guys I have sent that all off and will wait to hear back