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Request for popla refused despite quoting legislation, what to do now?

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  • Gin_and_Milk
    Gin_and_Milk Posts: 399
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    edited 1 February 2017 at 11:26AM
    Well guess what has just literally arrived in the post?!

    GLADSTONES WITNESS STATEMENT!!!

    Dated 26th Jan, 9 days after the deadline and the covering letter was dated yesterday - why bother to send it at all?!

    No doubt the court received their copy today too. Which may well end up in the bin. I certainly hope so anyway.

    You couldn't make it up could you?
  • bargepole
    bargepole Posts: 3,231
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    Yes, that's right about the Denton test. Generally speaking, if the WS is filed a day or two past the deadline, the Court won't regard that as having seriously disadvantaged the other party, and will probably let it pass.

    In one of my cases, they (Gladstones) filed it 8 days late, and the Judge struck it out, including the entire claim.

    In your little escapade, MB will have incurred fees as follows:

    £25 Gladstones fee for handling the claim
    £25 Court filing fee
    £25 Court hearing fee
    £50 Gladstones fee for preparing the WS
    £210 Advocate fee for attending the hearing
    £10 costs awarded

    So overall that's £345 down the toilet thanks to the utter incompetence of the shysters in Knutsford.

    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.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 1 February 2017 at 11:56AM
    It has cost the PPC probably north of £500, but how much has it cost the OP?

    Probably several hours drafting and re-drafting letters, hours and hours reading CPRs, PoFA, fora such as this, going to court, hanging around while a judge reads the papers, maybe some sleepless nights.

    And what compensation does he get, a tenner, not enough for a decent haircut. It is a disgrace.
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    It has cost the PPC probably north of £500, but how much has it cost the OP?

    Probably several hours drafting and re-drafting letters, hours and hours reading CPRs, PoFA, fora such as this, going to court, hanging around while a judge reads the papers, maybe some sleepless nights.


    And what compensation does he get, a tenner, not enough for a decent haircut. It is a bloody disgrace.

    There's no doubt it cost a heck of a lot more than a tenner, however when the judge asked about costs, she said she couldn't award anything other than mileage as the defendant is supposed to notify the court (and maybe the claimant, I can't remember) 24 hours before the hearing date. I kind of got the impression she wanted to award us more, partly because she rounded the costs up to a tenner and she did apologise.

    You're right about the sleepless nights though, there were plenty of those, but I slept like a log last night, partly because that tenner went on a couple of bottles of wine!

    I'm still baffled as to why GS bothered to post their WS statement yesterday when they knew that was the date of the hearing. At first I wondered if they were trying to appeal the case, but the judge struck it out after 5 minutes, as she wasn't prepared to consider an adjournment as they hadn't filed anything. Besides which, even if an appeal was financially viable for MB, shouldn't it say it's an appeal?

    I don't think I will ever understand their logic for as long as I live!
  • Umkomaas
    Umkomaas Posts: 41,252
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    What's a lekker result?

    Google it alongside my user name and you might get where I'm coming from :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • safarmuk
    safarmuk Posts: 648 Forumite
    Gin & Milk, to be honest there is probably a factory line in Gladstones where WS are churned out alongside a side business of junk mail ... there was probably a backlog and yours got spat out late ... doubt they even realise ...
  • Well I thought the matter was over and done with, but I have yet another question!

    We should have received our costs no later than 4pm on the 14th, and guess what - we haven't had anything. It's only £10, which I know isn't much, but it's the principle as much as anything. Husband phoned the court yesterday and they said the only thing we can do is to get a warrant to chase MB for the costs, which would cost considerably more than £10. Do any of you know if there's another way around this?

    I have considered emailing MB about it, I've also considered enclosing one of their photoshopped pictures along with a photo of what the car park really looks like. Basically the photo in their WS has a massive parking sign in front of some cars, when the reality is that the sign isn't there at all. I spend a lot of time in this car park, so I know it very well and it's easy to prove. I've also considered contacting my local MP, but I can't really go to the press as I could get into trouble over it.

    Can anyone advise me please? Like I say £10 is a paltry sum, but I'm guessing they have no intention of paying and are assuming we'll just forget about it.

    Thanks
  • Fruitcake
    Fruitcake Posts: 58,150
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    Well I thought the matter was over and done with, but I have yet another question!

    We should have received our costs no later than 4pm on the 14th, and guess what - we haven't had anything. It's only £10, which I know isn't much, but it's the principle as much as anything. Husband phoned the court yesterday and they said the only thing we can do is to get a warrant to chase MB for the costs, which would cost considerably more than £10. Do any of you know if there's another way around this?

    I have considered emailing MB about it, I've also considered enclosing one of their photoshopped pictures along with a photo of what the car park really looks like. Basically the photo in their WS has a massive parking sign in front of some cars, when the reality is that the sign isn't there at all. I spend a lot of time in this car park, so I know it very well and it's easy to prove. I've also considered contacting my local MP, but I can't really go to the press as I could get into trouble over it.

    Can anyone advise me please? Like I say £10 is a paltry sum, but I'm guessing they have no intention of paying and are assuming we'll just forget about it.

    Thanks

    A LBCCC, [STRIKE]and add on some made up costs.
    [/STRIKE] and add on the court filing fee.

    The court instructed the scammers to pay costs, I see no reason why the courts should not be used to make them actually pay.
    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
  • beamerguy
    beamerguy Posts: 17,587
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    edited 17 February 2017 at 9:41AM
    Well I thought the matter was over and done with, but I have yet another question!

    We should have received our costs no later than 4pm on the 14th, and guess what - we haven't had anything. It's only £10, which I know isn't much, but it's the principle as much as anything. Husband phoned the court yesterday and they said the only thing we can do is to get a warrant to chase MB for the costs, which would cost considerably more than £10. Do any of you know if there's another way around this?

    I have considered emailing MB about it, I've also considered enclosing one of their photoshopped pictures along with a photo of what the car park really looks like. Basically the photo in their WS has a massive parking sign in front of some cars, when the reality is that the sign isn't there at all. I spend a lot of time in this car park, so I know it very well and it's easy to prove. I've also considered contacting my local MP, but I can't really go to the press as I could get into trouble over it.

    Can anyone advise me please? Like I say £10 is a paltry sum, but I'm guessing they have no intention of paying and are assuming we'll just forget about it.

    Thanks

    It costs £110 so not in line with £10 but ...... this is added for the debtor to pay = £120
    A bit like these vermin add on costs but through the courts its legal

    Worth advising MB what you intend to do and the cost for them
    Give them 7 days to send you payment and thereafter a warrant will be issued without further notice

    County Court Bailiffs. ... They work under the authority of a Warrant of Execution which can be requested from the County Court for a fee of £110. County Court Bailiffs will collect your judgement debt, your court costs, your warrant cost and interest (if prescribed) from the debtor.

    PS: The bailiffs do not chase a debt, they arrive with a warrant to collect.
    They do not play games with a debtor and have the authority to seize goods
  • Fruitcake
    Fruitcake Posts: 58,150
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    beamerguy wrote: »
    It costs £110 so not in line with £10 but ...... this is added for the debtor to pay = £120
    A bit like these vermin add on costs but through the courts its legal

    Worth advising MB what you intend to do and the cost for them
    Give them 7 days to send you payment and thereafter a warrant will be issued without further notice

    County Court Bailiffs. ... They work under the authority of a Warrant of Execution which can be requested from the County Court for a fee of £110. County Court Bailiffs will collect your judgement debt, your court costs, your warrant cost and interest (if prescribed) from the debtor.

    PS: The bailiffs do not chase a debt, they arrive with a warrant to collect

    This! Much better put than wot I said.
    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
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