Claim form from Gladstones Solicitors representing Link Parking

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Hi I haven't recieved any mails from court yet. So, I guess my further action is only to be taken after I hear from
Court?

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

Pretty standard stuff. You do need to fill in your own directions questionnaire. 1 to GS and 1 to court. (if you haven't had one sent to fill in, phone the court).

Refuse the paperwork hearing. Their claim and evidence is shite and you need your day in court. Do this at the same time as the DQ.

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

I phoned court today and should be receiving questionnaire forms within couple of days.

Will hearing have more chance of winning then written case? How long do the hearings take?

Also, not sure how to put case forward. Whether its alright to say my brother was staying in the flat as well or just say he was visiting a family member? Or, would that be okay?

Sorry, so many questions...haha.

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

It shouldn't, in theory, but in practice you want to be heard.

Also, not sure how to put case forward.

Well, eventually we'll put something together but as it stands Gladrags haven't made a case.

As for your brother, tell the truth. It would be better for him not to name you, if he can, say a family member etc unless pressed by the judge to give the actual name.

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Hi, I have received DQ form but no N159 form for written hearing as gladstones mentioned in email.

After discussing with my brother, we've decided to go for written hearing due to work committments and distance. Gladstones has requested to have hearing near their address which will be nearly 4 hours drive. and I didn't register for counterclaim.

I have attached screenshot of response from gladstones when my brother was enquring about PCNs served. They have referenced to some legal acts..

[charitynjw]

Re: Claim form from Gladstones Solicitors representing Link Parking

Henry Michael Greenslade QC, the former lead adjudicator for Popla said, whilst still in his position,

"Understanding keeper liability“There appears to be continuing misunderstanding about Schedule 4. Provided certain conditions are strictly complied with, it provides for recovery of unpaid parking charges from the keeper of the vehicle. There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort. Further, a failure by the recipient of a notice issued under Schedule 4 to name the driver, does not of itself mean that the recipient has accepted that they were the driver at the material time. Unlike, for example, a Notice of Intended Prosecution where details of the driver of a vehicle must be supplied when requested by the police, pursuant to Section 172 of the Road Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to name the driver...If {POFA 2012 Schedule 4 is} not complied with then keeper liability does not generally pass.''


Obviously there is a degree of common sense to be applied also, why would the government bring in legislation to provide for keeper liability if one could just assume it was ? It is clear that parliament believe that Elliot v Loake was not suitable and that they felt the need to hold registered keepers liable but only with strict conditions attached.

Aside from this Excel have lost in court using this same argument Excel v Mr C C8DP37F1 Stockport 31/10/2016.

Mystery1's post
http://legalbeagles.info/forums/show...ge2&styleid=14

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Thanks [MENTION=5553]charitynjw[/MENTION]. Great I can mention above points and legal act.

I used my name and personal email address when contacting gladstones several times and my brother emailed Gladstones saying he wasn't the driver, but didn't give the home address which was same as his. Hence, they never acknowledged that I was the driver and told it was too late as they had already applied to court.

[charitynjw]

Re: Claim form from Gladstones Solicitors representing Link Parking

Another one that the parking companies try to use is Combined Parking Solutions v AJH Films.
Again a bum reference.
That was a case where a lorry driver received a ticket, & the parking co pursued the employer.
Vicarious liability, which does not apply to your case.

If you opt for a hearing 'on papers', it does limit your chances somewhat.
If you decide to attend, 99% chance of it being in your local court.

[mystery1]

Re: Claim form from Gladstones Solicitors representing Link Parking

Hi, I have received DQ form but no N159 form for written hearing as gladstones mentioned in email.

After discussing with my brother, we've decided to go for written hearing due to work committments and distance. Gladstones has requested to have hearing near their address which will be nearly 4 hours drive. and I didn't register for counterclaim.

I have attached screenshot of response from gladstones when my brother was enquring about PCNs served. They have referenced to some legal acts..

I have heard of them asking for their own court loads. Not once have i heard that request be granted. It will be at your local court. It is better to do it live but if you want to chance paper work only i can't stop you. (you should still win if it's handled correctly but one is never sure)

M1

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Hi,

I sent the N180 form and has been transferred to local court near me. I stated my agreement to written hearing but it has not been stated in the response letter from court, see attached pic. Does it mean we will have ancourt hearing?

[charitynjw]

Re: Claim form from Gladstones Solicitors representing Link Parking

There will be a hearing (barring some event such as discontinuance), but if both sides have opted for a hearing 'on papers', then that is likely to be the case, so no attendance is required.

I agree with M1 that it is far better to put in a personal appearance if possible.
But if you can't, have you thought about preparing & submitting a skeleton argument?

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Me and my brother couldn't come to an agreement on hearing so in the end decided for the written one. Fingers crossed it doesn't affect the winning chance for this time.

I haven't written anything out yet but was thinking of having a timeline of events to start with. Is that what you are referring to as skeleton argument?

[charitynjw]

Re: Claim form from Gladstones Solicitors representing Link Parking

A timeline is usually given in a Witness Statement, which can be submitted at the same time as disclosure. (Disclosure will be explained via court directions when your case is allocated to track & venue).

A skele is an in-depth written version of your legal argument, which you can submit to the judge a few days before the hearing.
https://www.biicl.org/files/2223_ske...ents_guide.pdf will give you an idea.

[fightingpcn]

Re: Claim form from Gladstones Solicitors representing Link Parking

Thank you for the link. That is really helpful.

Do you have any recommendation for an example skeleton argument of similar case to have a read of, maybe ? Thanks.

[charitynjw]

Re: Claim form from Gladstones Solicitors representing Link Parking

Thank you for the link. That is really helpful.

Do you have any recommendation for an example skeleton argument of similar case to have a read of, maybe ? Thanks.

Lol, 'fraid not, they are not usually publicly accessible, & they tend to be pretty unique to the applicable case.