minster baywatch

debs.c · 30 December 2016 at 2:06PM

hi anyone received a claim form from gladstones solicitors? The next step is court, i have ignored all letters, as advised and now this, what do i do next pepps? I believe this ticket is unfair and issued by a private company, help??

Redx · 30 December 2016 at 2:10PM

it is unfair

use the forum search and find similar threads as there are dozens of them (people get these letters daily) and then compare what you have received to those other threads and posts and then follow the same advice

so yes , dozens or hundreds of people have received them this year, its important to check what type of letter it is and who sent it (it may not be Gladstones)

once you know what you have decided what you have got , read the advice and follow it from the threads you find

if its a court claim , its not from Gladstones , its from the MCOL centre in Northampton

if its a genuine court claim , read the court section in post #1 of the NEWBIES sticky thread near the top of this forum , and follow the advice from bargepole and coupon-mad

Coupon-mad · 30 December 2016 at 5:14PM

debs.c wrote: »

hi anyone received a claim form from gladstones solicitors? The next step is court, i have ignored all letters, as advised and now this, what do i do next pepps? I believe this ticket is unfair and issued by a private company, help??

Try also searching 'Minster Baywatch claim' and only read very recent similar defences, as well as reading the NEWBIES thread 'Small Claim?' Show us the defence you then come up with (hint - you can copy from those you find, there are loads of Gladstones ones here so it's not as hard as you might think). We always help to perfect a defence, as best we can, and no-one here has yet lost a Gladstones claim because so many have seemingly been discontinued when they see an MSE defence. No hearings here yet, so it is not certain to end up in one.

Cases DO go to hearings though and some have been reported on pepipoo forum and by the Parking Prankster, showing how Gladstones bungle so many cases.

You have not told us much about the situation/the car park/what the alleged contravention was, and whether it's a residential car park or retail.

debs.c · 31 December 2016 at 2:59PM

hiya thanx for the reply, not sure how to go to the newbies thread, can u tell me. so......reel cinema, port talbot car park16/06/2015.. a member of staff pointed out the machine to me, as i am a wheelchair user i couldn't even reach it never mind use it as it was so high up, she assisted me but, my car reg was put in wrongly, i didnt notice this. then the letters started, i did acknowledge them, just this once, by email on 13/8/15 and explained my situation to ask for an appeal ,i have the email, i believe they replied and told me they would consider my appeal, havent found that email yet, im looking.i ignored further letters. now claim form for £239.25. from cc business centre, payments to be sent to gladstones solicitors ltd. , phone numbers supplies.stating, i can pay!!! or make a counter claim within 14 days. theyre even asking for bank accct details in personal details, cheek! don;t know what to do now.

Coupon-mad · 31 December 2016 at 3:40PM

hiya thanx for the reply, not sure how to go to the newbies thread, can u tell me.

Already have - my signature beneath my posts tells you where to click! You need to read the section under 'Small Claim?'

now claim form for £239.25. from cc business centre,

We can help you write a defence, we have some written before which cover this situation. You may well have to attend a hearing in 2017 but we will assist you to have the strongest defence.

First things first, read the NEWBIES thread links under the heading 'Small Claim?' and tell us when you have acknowledged service (do NOT defend just yet).

debs.c · 1 January 2017 at 4:34PM

ok ill read it, i have an email i sent to mb stating my case and asking for an appeal, their reply (14/8/2015) states that my acct is on hold and i ill receive a reply by email in 10 days, nothing but letters ever since, are they breaking the contract not replying? or frustration of contract maybe as the machine is too high for a wheelchair user to access......Equality Act 2010 ..harmonising the thresholds for the duty to make reasonable adjustments for disabled people In addition to your basic rights as a consumer, if you are disabled, you also have other rights which protect you against discrimination when you buy goods and services or use certain facilities. This applies regardless of the size of the organisation or company providing the goods, services or facilities.....hate using discrimination but if the ticket machine is not sited in an area where it is available to all cant i use this as my defence? thank you

System · 2 January 2017 at 8:52AM

she assisted me but, my car reg was put in wrongly,

Contact Reel Cinemas and ask them to intervene.

Your defence is "frustration of contact" where matters outside your control meant that the contract was never made. Also explain why there was an issue with the incorrect registration i.e. failure to make reasonable adjustment (no need to threaten, just state it as it is.)

debs.c · 2 January 2017 at 1:53PM

ok, ll go there and ill take some pic of the height of the machine.it was a while ago but i will also mention a staff member assisted me. so do i fill in the complete claim form or just the bit about defense and counterclaim? am i right in thinking i quote stuff like this in my defense letter?..........

In English law, “a contract may be discharged on the ground of frustration when something occurs after the formation of the contract which renders it physically or commercially impossible to fulfil the contract or transforms the obligation to perform into a radically different obligation from that undertaken at the moment of the entry into the contract. Chitty on Contracts, 29th edition at 23-001.

what about mentioning 'unreasonable behavior' on their part too?, (r.19 Rules of he Small Claims Court, O Reg. 258/98 {Rules} state’s ‘a successful party is entitled to have he winning parties reasonable dispersments, including any costs of effective service and expenses for travel, accommodation, photo-copying and experts’ reports paid by the unsuccessful party’ (R.190[1] Rules, surpa)...due to... pressing a case which is essentially hopeless with an ulterior motive of embarrassing or inconveniencing the opposite party;...
also, i am happy to go to court but am being admitted for a major operation on 21feb, will be out of action or months, should i mention this as a time-frame? might even mention 'rip-off britain'

thanks

Coupon-mad · 2 January 2017 at 3:55PM

You need to read the example defences we already have here. You need more than that. For example, the BPA Code of Practice states that machines must be accessible and allowances must be made for disabled people.

Have you done the Acknowledgement of Service online (we are NOT telling you to fill in the paper form)? Tell us when you have used the password to go on MCOL and have done the acknowlegement (only, not the defence yet).

That buys you more time. DO IT URGENTLY, ONLINE. What date is on the claim form?

And (as well as defending) you need to INSIST Reel Cinema intervene and cancel this. You need to be very assertive, not just 'ask' and in fact you can tell them that Reel Cinema are liable because their employee put the VRN in wrong, not you. And if you lose this case you intend to sue Reel Cinema...be really really assertive.

Come back and tell us when you have:

- acknowledged the claim (please tell us the date of the claim form)?
- lodged a formal complaint with Reel Cinema
- got your photos
- and have read the NEWBIES thread under 'Small Claim?' and come up with a defence draft.

debs.c · 3 January 2017 at 12:10PM

issue date on claim form is 29.12.16, didnt realise i had to go online to do acknowledgement? ill do it now,im getting very confused with it all, struggling to find the right threads to read.

debs.c · 3 January 2017 at 12:55PM

also, i feel a bit silly as it tuns out it was a random theatre goer who helped me with the ticket machine not the staff, a friend adamantly reminded me , i just told her about the clim, my memory failed me on this occasion, but i am cracking on with with the defence, thanks

minster baywatch

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