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Northampton Court Claim arrived (MCOL)

17810121326

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Read up in the newbies faq thread for links to other sources of advice on court cases and procedure.


    Also this thread has a walkthrough of the steps up to a hearing:


    http://forums.moneysavingexpert.com/showthread.php?t=5546325
  • JackBasta
    JackBasta Posts: 112 Forumite
    Ah I had been though the bargepole sticky a few times when I first started on this, but must have glossed over the WS stuff a bit too quickly.

    Apologies.
  • Castle
    Castle Posts: 4,191 Forumite
    First Anniversary Name Dropper First Post
    JackBasta wrote: »
    Thanks CM - I haven't seen the original PCN, no. I sent Millenium a SAR back in November asking for everything they have. They sent me a letter last week dated November (but the Envelope has a January 26 postmark, which I've kept) saying that it was all in the hands of Gladstones now so I would need to contact them.
    If they haven't replied to your SAR you should make a formal complaint to the ICO; failure to respond to a SAR within 40 days is a breach of the 1998 Data Protection Act.
  • bargepole
    bargepole Posts: 3,231 Forumite
    Name Dropper Combo Breaker First Post First Anniversary
    JackBasta wrote: »
    Ah I had been though the bargepole sticky a few times when I first started on this, but must have glossed over the WS stuff a bit too quickly.

    Apologies.

    You 'glossed over' stuff that I spent hours slaving over a hot keyboard to produce for your benefit?

    That means you have to pay a £100 penalty (reduced to £60 if paid within 14 days). This charge is enforceable, due to the legitimate interest I have in deterring such behaviour. Please PM me your details, and I'll send an invoice.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • JackBasta
    JackBasta Posts: 112 Forumite
    edited 7 February 2017 at 1:50PM
    Just double checked and I sent a CPR 31.14 to Gladstones in November and got no response.

    I sent the SAR to Millenium on 4th Jan, so they still have some time. They sent me a letter last week which was dated 7/11/2016 (I guess they forgot to change it from a template letter) saying that the PCN has progressed to Gladstones so Millenium are no longer able to address the issues raised in my correspondance, and that Gladstone's will be in touch. And that they won't accept any further correspondance regarding the PCN - I must correspond directly with Gladstones.

    I'm not sure they can refuse a SAR based on the fact they're paying someone else to handle the case for them?
  • JackBasta
    JackBasta Posts: 112 Forumite
    bargepole wrote: »
    You 'glossed over' stuff that I spent hours slaving over a hot keyboard to produce for your benefit?

    That means you have to pay a £100 penalty (reduced to £60 if paid within 14 days). This charge is enforceable, due to the legitimate interest I have in deterring such behaviour. Please PM me your details, and I'll send an invoice.


    I hope you had planning permission for that post? And a chain of contracts from the forum to you?

    :rotfl:
  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
    Name Dropper First Post Photogenic First Anniversary
    bargepole wrote: »
    You 'glossed over' stuff that I spent hours slaving over a hot keyboard to produce for your benefit?

    That means you have to pay a £100 penalty (reduced to £60 if paid within 14 days). This charge is enforceable, due to the legitimate interest I have in deterring such behaviour. Please PM me your details, and I'll send an invoice.

    You almost sound serious there bargepole, needed a smiley face so people get it! :D
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • JackBasta
    JackBasta Posts: 112 Forumite
    Got my court date through - May 31st. I have to get in my Witness statement by 28th March, so I'm gathering what I need together.

    I have pictures of the signage from 2014 from google street view. There's no signage pictures from when the event took place in 2012, and even Gladstones only sent me a picture of the signage from 2015!

    I'm making copies of the non compliant LBC and also the Part 18 and CPR 34.16 requests that were ignored, hopefully to persuade the judge that they're unreasonable.

    As the incident was pre-POFA (July 2012), and their claim states they are attempting to use POFA to go after me as the keeper, I need some evidence that POFA 2012 only came into force on October 1st. I've googled but can't find any proof of this? It doesn't say it on the act itself? The act itself only mentions May 1st 2012, which was when it was drawn up I believe, but not in force.

    Anyone got any ideas how I can prove POFA was not in force in July 2012?
  • Fruitcake
    Fruitcake Posts: 58,225 Forumite
    Name Dropper Photogenic First Anniversary First Post
    From http://www.parliament.uk/about/how/laws/passage-bill/lords/lrds-royal-assent/

    The legislation within the bill may come into effect immediately, after a set period or only after a commencement order by a government minister.

    Commencement order dates for the act can be found here.

    http://www.legislation.gov.uk/uksi/2012/2234/contents/made

    http://www.legislation.gov.uk/uksi/2012/2234/earlier-orders/made

    Schedule 4 1st October 2012

    HTH

    Fruity.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • JackBasta
    JackBasta Posts: 112 Forumite
    Thanks fruitcake - that's awesome.
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