Gladstones Solicitors/IPC/Link Parking

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

Thank you very much for this. Do you think of itself this is sufficient? Some people are advising putting in every point I can think of at this stage.

In particular I wonder whether I need to put more emphasis on the contract or lack of, and perhaps on the signage and the amount "charged" being in the smallest font?

5. The claimant is put to strict proof that they are entitled to £150 plus interest as claimed.



6. It is denied that any contract was entered in to between myself and the claimant.

Should I mention the fact that nothing at all about parking is in my son's tenancy agreement? Or is that for a later date if the case continues?

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

Later date as you want to have a chance this is booted out for shoddy POCs rather than file everything and make a judge think the case is intelligible.

Prepare for everything but don't forget, if the courts allows them to make a different case than the one pleaded (lol) then they'll need more from than Blackpool to stop you responding in kind.

M1

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

Does "POCs" mean "particulars of claim"?

I like this Point 4, btw. Any reason I should alter it, apart from to put my particulars in? >

4. The particulars of claim state :- --date--description-amount-due date Total due £150. The defendant can neither admit nor deny this as it is unintelligible. If the £150 is for a parking charge then it is submitted that it is a penalty which is unenforceable in law and exceeds the stated maximum of the accredited trade association.

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

Only to change what i've put to actually put what is on your claim form.

M1

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

Yes, that's great. I'm very happy with this. Others at MSE forum are saying I MUST add links or make mention of similar cases. Do you agree? Like this one -
JOPSON V HOMEGUARD 2906J Approved.pdf (200 KB)

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

Well, that's the rub. The pleadings do not mention enough detail at this stage, so i wouldn't. I would certainly have it in reserve if the claim is changed and either a new defence be required or on the hoof in court if a judge allows them to make a new case via their evidence rather than the pleadings. We do state no contract.

M1

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

I'm happy with that. Not sure if those on Pepipoo and MSE will be though (absent the mention of other cases). I believe you are a lawyer. Am I correct?

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

I believe you are a lawyer. Am I correct?

No. I have no legal training or qualifications.

M1

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

Right. But plenty of experience in this type of case?

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

I've assisted in a few on the forum. I assisted in a few debt cases before turning attention to these too. I'm reasonably familiar with the process as no doubt some of the others helping elsewhere will be too.

M1

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

Yes, M1 - if you have followed the other forums much you will see how some of them say - put EVEYTHING in the defence on which you will rely on EVER to fight. And some say - ALWAYS ALWAYS ALWAYS refer to similar cases won by the Defendant. I just find it all very overwhelming. In fact I may well have missed the date for getting it to them by post. The court told me when I rang to ask that it has to be with them by next Monday at 4pm. That mean special delivery by 1am, if I post tomorrow or Saturday. And some on MSE etc say "don't email as you can't get everything in the 5mg limit (and pics are large) and it is harder for the judge to read as layout alters in emails".

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

Can you clarify this for me, as in the draft defence you provided. My bolding:
"The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action."

Did you mean "preceding"?

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

Yes, M1 - if you have followed the other forums much you will see how some of them say - put EVEYTHING in the defence on which you will rely on EVER to fight. And some say - ALWAYS ALWAYS ALWAYS refer to similar cases won by the Defendant. I just find it all very overwhelming. In fact I may well have missed the date for getting it to them by post. The court told me when I rang to ask that it has to be with them by next Monday at 4pm. That mean special delivery by 1am, if I post tomorrow or Saturday. And some on MSE etc say "don't email as you can't get everything in the 5mg limit (and pics are large) and it is harder for the judge to read as layout alters in emails".

That's a very safety first way of doing things which also has hidden dangers. If you miss something the court could say "well you knew enough to enter all these defence points so why didn't you do x" Where as this way we are forcing them to throw the claim out or accept that the case to be heard in court will have little relation to the pleadings. In such a case, as long as we send relevant stuff asap after any BS witness statements, the court will have a hell of a job looking fair if the claimant can make arguments not pleaded but you can't.

Each to their own.

Do you mean "preceding"?

No.

M1

[cowboylasso]

Re: Gladstones Solicitors/IPC/Link Parking

OK, thanks for that. On Pepipoo they are still on about mentioning other cases. But I like your draft on the whole. And thanks, re the "proceeding" thing. Btw, someone on Pepipoo is not keen on the use of the word "embarrassed". I wasn't sure about using it twice. Any other simile you can suggest?

[mystery1]

Re: Gladstones Solicitors/IPC/Link Parking

That's how they do it. Seems to work pretty well most times.

http://www.thesaurus.com/browse/embarrassed

M1