AS Parking have discontinued a number of claims. It is not known if this is because they realised they had been deceived by Gladstones Solicitors into making the claims, or whether both they and Gladstones always realised there was no prospect of success in the first place. Having had their bluff called by the motorist they have chickened out to save the hearing costs and costs of hiring an advocate to represent them.
M. L - Perran sands Holiday Park C6GF9K50
M. M- Tywarnhayle Square C6GF9K51
M. F - Tywarnhayle Square C6GF9K91
M. J - Beach car park, C6GF9K15
If you have had a claim discontinued by AS Parking please contact The Prankster or comment in the notes below.
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Can nothing be done to stop this waste of tax payers money and court paper work.Don't the government know what is going on with these private parking gangsters.
ReplyDeletethey know what is happening , but happy of the funding going into the court service , not the rise in setaside costs now?
ReplyDeleteHi, I will update you soon, but I am about to add to this list. I have just been approached by Gladstones who have basically tried to make it my fault for them having incorrect particulars. They have asked for me to call to settle. Fat chance.
ReplyDeleteDear Gladstones,
DeleteYou asked me to get in touch to discuss the amount I would settle the claim for.
The party who discontinues a claim is responsible for the other side's costs to the point of discontinuance. The reason for discontinuance is entirely your fault as you did no due diligence whatsoever before issuing the claim. Additionally you failed to follow practice directions for pre-court action and are therefore liable to sanctions under 16(a)
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
I therefore believe my full costs are payable under PD 27.14(2)g for your unreasonable behaviour.
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases#3.1
PD 46.3 provided that a litigant in person's costs of £19/hour can be claimed.
I have spent x hours and have incurred the following costs.
The total is y.
I look forward for your proposal to settle for this amount.
Many many thanks PP. I am very happy to report that I have just received a discontinuance notification email from Gladstones. It looks very official but I will still ring the Court on Monday. 😇
DeleteDo you have any advice about how to ask the judge to consider awarding me costs, due to their behaviour. Would I incorporate what you have written above?
The claim number is C2GF5R86
Thank you.
My posting is in Pepipoo, under Didcot.
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ReplyDeleteI have a scheduled hearing on 6th December. I believe today is the final day for them to send over their evidence documents. I have received nothing. I have sent over my bundle.
ReplyDeleteI await the outcome.
Phone the court tomorrow first thing. If they have also not received anything write to the court and state you have not received anything, so your request anything which comes now should either be struck out or the hearing should be vacated to give you time to react, especially as the claimant has at no point complied with Civil Procedure Rule 16.4 and Practice Direction 16, paragraphs 7.3 – 7.5 as the particulars of claim do not contain a copy of the contract, and do not explain how the contract was concluded.
Delete