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Link Parking & Gladstones Court Claim Defence

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Comments

  • Coupon-mad
    Coupon-mad Posts: 131,287 Forumite
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    I'd say they can do that, as a firm of Solicitors.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Cassys2008
    Cassys2008 Posts: 19 Forumite
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    Hi - I have now received date for court hearing but judge has suggested to deal with the claim on paper only unless we request for oral hearing.
    I would have preferred an oral hearing and had stated this in my previous documents submitted.
    I read somewhere that it is better to request an oral hearing but as judge has suggested to deal with this on paper only, what would you suggest ?
  • System
    System Posts: 178,090 Community Admin
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    You can ask for an oral hearing if you wish.

    Which court is it going to be as that might influence whether you want to waste a morning? Some courts are not PPC friendly.
  • Cassys2008
    Cassys2008 Posts: 19 Forumite
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    OK. It is at Basildon Court in Essex which is not far from me.
  • System
    System Posts: 178,090 Community Admin
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    OK. It is at Basildon Court in Essex which is not far from me.

    Basildon is in the Eastern circuit who often push for paper hearings as they feel they know the basics. They did the Beavis case.

    Strangely on the BMPA court list, there is a Link case at Basildon this morning - but not a paper one. There is a second non-paper Gladstones one too - Parking and Property Management.

    Push for an oral hearing if it is to your advantage.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    ...whiich it almost certainly will be

    The monkey that updated the poorly knocked together template Witness Statement wont attend the hearing. WIthout them attending to be cross examined, you can suggest that their WS evidence is either disregarded entirely, or less weight is put on it. You also pick apart all the inconsistencies, assumptions and frankly made up out of thin air stuff GS keep putting in their - constant switching of male and female pronoun, stating "the defendant broke the terms and conditions" or "the defendant didnt purchase a ticket" when they dont know who drove that day - and point out to the court that this is clearly NOT a witness statement written by someoen with personal knowledge of the site or circumstances of the case, but merely someone in an office working from documetns.
  • Cassys2008
    Cassys2008 Posts: 19 Forumite
    Combo Breaker First Anniversary First Post
    Thank you again . I am pushing for an oral hearing and sent the N159 reply accordingly . More to follow when I hear from the Courts again.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Cassys2008 wrote: »
    Thank you again . I am pushing for an oral hearing and sent the N159 reply accordingly . More to follow when I hear from the Courts again.

    Don't forget this today

    http://forums.moneysavingexpert.com/showthread.php?t=5689034
  • Cassys2008
    Cassys2008 Posts: 19 Forumite
    Combo Breaker First Anniversary First Post
    Hi . I am not sure what exactly happened or even if the letter i received today is real!
    I sent back the N159 reply within the timescale by post and email. Since then i did not hear anything from the Courts but have still sent some of my defence evidence - again no acknowledgement or reply from the courts.


    However, today I had a letter in the post saying that the case by seen before the Deputy Judge and that i have failed to file my defence and evidence. It also state that " a blunderbuss" defence was filed. I assume referring to my original defence letter.


    So, I have to pay the claim plus interest and costs totally £271.99. I am totally confused as it does not look like the court took account of defence, evidence or eben the N159 form. On top of this , the letter i received today does not state how to pay the claim and the envelope ot came in did not ahve the court's seal on it.


    Can this letter be real? How can I check this? I have tried to call the Basildon Court but not been able to get through.


    Thak you for you comments.
  • System
    System Posts: 178,090 Community Admin
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    Can this letter be real?

    Yes. Judges look at the paperwork at two stages. The one everyone focuses on is the hearing but the smarter PPC's e.g. ParkingEye try to get waffling defences thrown out at the Allocation stage. So a judge looking at allocating the cases to track can throw out claims and defences at the early stage.
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