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Horizon Claim
#11
Thank you so much for that, I certainly wouldn't have seen a lot of what you have pointed out other than the charges that never seem to add up and change along the way.

I will get onto emailing that to the courts and to Gladstones in the hope they can see I will not give in to their absurd demands. I will as always keep you updated on everything.

Thanks again
#12
Good Morning,


I have received notice of allocation and notice of trial date this morning. 

 I have a slight problem with the date they have given, I am not in the country.

 Are they likely to change it or am I stuck with that trial date? Ive attached the letters.

.pdf   Notice of Allocation to the Small_compressed.pdf (Size: 181.29 KB / Downloads: 3)

.pdf   Notice of Trial Date_compressed.pdf (Size: 151.07 KB / Downloads: 4)

Many thanks for everything you have provided.
#13
@mouse, this is still good news overall.

The allocation order is actually helpful because the Judge has not just listed the matter for hearing, but has specifically directed that the Claimant’s evidence must include the contract between the parties, the agreement authorising the Claimant to operate on the land, details of where that contract was made, readable photographic evidence, detailed allegations of any breach, and an explanation of how the alleged debt is calculated. In other words, the court has plainly recognised that this is not a claim that should be allowed to drift to trial on vague template assertions. The Judge wants proper evidence and proper particularisation.

The only caveat is procedural timing. The order gives both sides the same deadline, namely 4pm on 17 July 2026, for witness statements and documents.  In practice, that means Gladstones will very likely wait until the last possible moment, and they may even serve late. That is frustrating, but it is not a problem we need to panic about now. We deal with what they actually produce, when they produce it. If they comply late, or dump a last-minute evidence pack which leaves the Defendant unfairly disadvantaged, that can itself be raised with the court and dealt with by way of an application or draft order seeking appropriate sanctions and consequential relief. The court will not thank a represented parking claimant for ignoring its timetable and prejudicing a litigant in person.

Also, any witness statement from their side is very likely to be from a Gladstones employee with no personal knowledge of the alleged events. That means it is not really evidence from a true witness to fact at all, but largely hearsay commentary on documents. That can be challenged for what it is. So for now, the important point is that the Judge has put them on a tighter leash than usual. Let them either comply properly or expose themselves further by not doing so. Either way, this order puts pressure on them, not on you.

Separately, there is also a trial notice listing the hearing for 20 August 2026 at 10:00am at Nottingham, with a one-hour estimate, and it records that unless the claimant pays the trial fee by 20 July 2026, the claim will be struck out automatically unless the court orders otherwise.

As soon as you receive their WS, show it to me. If they have not sent anything by 10th July, remind me and I can start to put something together for you. However, I will be away from 2nd to 22nd July but will have internet access and will find time to deal with this.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#14
Thank you for that, in regards to not being able to attend on the trial date that they have set, do I notify the court now to get a new date or wait till July to see if they actually pay the fee and do what is asked of them? I don't want to annoy Judge prior to the trial.
#15
Tell the court now.

Do not wait until July. If you know you cannot attend on 20 August 2026, you should notify Nottingham County Court as soon as possible, explain briefly that you are unavailable on that date, and ask for the hearing to be relisted. That is far better than sitting on it and raising it later.

That will not annoy the Judge. Quite the opposite. Courts expect parties to raise genuine availability problems promptly. Leaving it until after the trial fee deadline or close to the hearing is what causes irritation.

So the answer is: notify the court now, copy Gladstones in, keep it short and factual, and attach any brief proof of unavailability if there is any.

Quote:Dear Sir or Madam,

I am the Defendant in the above claim.

I write regarding the hearing listed for 20 August 2026 at 10:00am at Nottingham County Court.

Unfortunately, I am not available on that date and therefore respectfully request that the hearing be vacated and relisted for the first available alternative date after 20 August 2026.

I apologise for any inconvenience caused. I am notifying the Court as soon as possible upon becoming aware of the issue, so that this can be dealt with in good time.

A copy of this email is being sent to the Claimant’s solicitor, Gladstones Solicitors.

Kind regards,

[full name]
Defendant

[postal address]
[email address]


If you have proof of the clash, attach it and add one sentence after the second paragraph: "I attach brief evidence of my unavailability".
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#16
Brilliant thanks so much!

Will keep you updated 

Have a great weekend.
#17
Hi, I got a response quicker than expected.


 Here's me thinking they would just allocate a new date after I supplied evidence of the dates I would be unavailable. Is this their usual stance on changing dates?

This is from the Court:
Thank you for your e-mail.

If you want to apply to adjourn (postpone) the hearing to a new date you will need to make a formal application within proceedings. This can be done on a N244 Form which can be found here Court and tribunal forms - GOV.UK (www.gov.uk).

This application may require payment of a Court fee. Unless the application is by consent for an adjournment of a hearing if received by the Court at least 14 days before the date of the hearing.
#18
Yes, it is annoying, but this is the court’s usual stance once a hearing date has been fixed. They will not usually just move it informally. The first step is to ask Gladstones whether they consent to the hearing being adjourned and relisted. If they agree, that may avoid the fee if dealt with in time. If they do not agree, then it has to be done by N244. So this is procedural bureaucracy rather than the Judge taking a hostile view.

Send the following to Gladstones:

Quote:Subject: Claim No. [claim number] – Request for consent to adjourn and relist hearing

Dear Sirs,

I am the Defendant in the above claim.

I write regarding the hearing currently listed for 20 August 2026 at Nottingham County Court. Unfortunately, I am unavailable on that date and therefore seek the Claimant’s consent to the hearing being vacated and relisted to the next available date after 20 August 2026.

I have already notified the court of my unavailability and can provide brief supporting evidence if required.

Given that this is a genuine availability issue raised well in advance of the hearing, please confirm by return whether your client consents to an adjournment by consent, so that the matter may be dealt with without the need for a contested application and unnecessary costs.

Yours faithfully,

[full name]
Defendant
[postal address]
[email address]
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#19
Hopefully they will agree but the way that it has gone I doubt they are going to be flexible. Why would they....

What would be great if Gladstones reply to the email just throwing the towel in on this whole debacle then no more unnecessary paperwork or wasting of everyone's time. I can only hope!! Thanks for your help as always.
#20
That would be the best option but Gladstones are pretty incompetent and I think the IQ levels within that company are generally below average. However, if the do not agree, they run the risk of being seen as being unreasonable, especially if they lose the claim and then they are at risk of higher costs being inflicted on them.

It is in their own interest to agree to reschedule the hearing. However, if they don't, you will either have to attend or apply for a contested reschedule which will cost £123 and if/when your claim is successful, you can claim that cost back.

What you definitely do not want to do is leave it to a hearing "on the papers". That is a sure fire way of wasting all the effort put into this so far.


That would be the best outcome, although Gladstones are pretty incompetent and I think the IQ levels within that company are generally below average and they may refuse simply out of inertia. However, if they do not agree, they risk being seen as acting unreasonably, particularly if the claim ultimately fails, in which case the Defendant can seek to recover the application cost as part of a costs argument.

It is plainly in their own interests to agree to a relisting. If they refuse, the Defendant would then have to decide either to attend on the listed date or to make a contested application to adjourn. What should not happen is allowing the matter to proceed as a hearing on the papers, because that would significantly undermine all the work that has gone into defending the claim so far.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain


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