Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Patrick O'Neill
    • By Patrick O'Neill 23rd Aug 16, 12:22 PM
    • 25Posts
    • 4Thanks
    Patrick O'Neill
    Napier Parking County Court Claim
    • #1
    • 23rd Aug 16, 12:22 PM
    Napier Parking County Court Claim 23rd Aug 16 at 12:22 PM
    My Friend has recently received a county court claim form from Gladstones Solicitors in connection with Napier Parking Ltd. They claim only states the date, reg and sum due £218.65 including amount claimed £143.65 , Court fee £25.00, Legal representatives costs £50.00 . Has anyone else received a claim form like this ? my friend intents to contend jurisdiction of this as there is no photographic proof of the car in question or original fine.
    Last edited by Patrick O'Neill; 23-08-2016 at 3:44 PM.
Page 2
    • Patrick O'Neill
    • By Patrick O'Neill 25th Aug 16, 8:44 AM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    yes he is a resident in england
    • Patrick O'Neill
    • By Patrick O'Neill 12th Sep 16, 11:27 AM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    Gladstones Directions questionnaire (Small Claims Track)
    further to issuing the defence below

    1 The claimant has provided no explanation whatsoever for the claim and discloses no cause of action
    2 If the claimant alleges trespass, it is not the land-owner and may not bring any such claim
    3 If the claimant alleges that the claim results from a contract, the defendant denies the existence of any contract
    4 The defendant has the reasonable belief that a qualified solicitor would not prepare such a claim that discloses no cause of action and puts the claimant to proof of the fact and that the £50 charge was actually incurred


    Gladstones solicitors have sent a cover letter with a N180 Directions questionnaire
    (Small Claims Track)

    the form states there is no hearing to take place and a decision will be determined through the completed N180 form. could i ask you please for your advice on how to respond to this.


    many thanks
    • Herzlos
    • By Herzlos 12th Sep 16, 11:43 AM
    • 4,070 Posts
    • 3,553 Thanks
    Herzlos
    the form states there is no hearing to take place and a decision will be determined through the completed N180 form. could i ask you please for your advice on how to respond to this.
    Originally posted by Patrick O'Neill
    They can request that the case is dealt with via paperwork only, but that needs to be approved by the court. You want to contest this and have an in person hearing because Gladstones lie a lot and you can dispute things better in person.

    What have you had from the court and are you keeping to the schedules?
    • Patrick O'Neill
    • By Patrick O'Neill 12th Sep 16, 11:51 AM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    Ive had nothing from the court only a cover letter from Gladstones dated 6/9/16 with the N180 form the form does refer to keeping to schedules however there has been no dates provided to keep to.Apologises i don't have the forms to hand as i'm at work but will provide further details when im get home this evening.

    many thanks
    • Coupon-mad
    • By Coupon-mad 12th Sep 16, 3:48 PM
    • 40,470 Posts
    • 52,375 Thanks
    Coupon-mad
    further to issuing the defence below

    1 The claimant has provided no explanation whatsoever for the claim and discloses no cause of action
    2 If the claimant alleges trespass, it is not the land-owner and may not bring any such claim
    3 If the claimant alleges that the claim results from a contract, the defendant denies the existence of any contract
    4 The defendant has the reasonable belief that a qualified solicitor would not prepare such a claim that discloses no cause of action and puts the claimant to proof of the fact and that the £50 charge was actually incurred


    Gladstones solicitors have sent a cover letter with a N180 Directions questionnaire
    (Small Claims Track)

    the form states there is no hearing to take place and a decision will be determined through the completed N180 form. could i ask you please for your advice on how to respond to this.


    many thanks
    Originally posted by Patrick O'Neill

    Search Google for 'straightforward Gladstones papers pepipoo' to see how to reject this 'idea' of Gladstones to dispense with a hearing, when you return your Directions Questionnaire. A defendant against a solicitor has a fairer consideration facing a Judge at a hearing.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Patrick O'Neill
    • By Patrick O'Neill 12th Sep 16, 3:59 PM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    thank you for your response having read a link on pepipoo they suggest the best chance of success is to attend court and robustly challenge their attempt to have the case heard on the papers?. What are the chances of not having to attend court and the fine being dropped?
    • Coupon-mad
    • By Coupon-mad 12th Sep 16, 11:20 PM
    • 40,470 Posts
    • 52,375 Thanks
    Coupon-mad
    What?

    You need to get some rest & read this again in the daytime - no-one on pepipoo has said you have to attend court to disagree with the case being heard on the papers. You'll attend court IN THE END, yes - but not a criminal court; more like a meeting.

    I even told you in my reply above, you simply refuse when returning the DQ to Gladstones and the Court. Where did anyone say a hearing happens at this stage? Nope, but you will likely end up (of course) at a hearing in the end to defend it in person.

    No-one should agree with Gladstones, this is NOT best heard 'on the papers'.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Patrick O'Neill
    • By Patrick O'Neill 28th Sep 16, 2:36 PM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    The court has sent me a letter confirming receipt of my defence i have since sent the following letter below to Napier parking and a copy to Northampton court.


    Re: (Napier Parking) v (xxxxxx) Claim No: xxxxxx

    CPR18 Preliminary Request for further information / clarification

    On the xxxx, I received the Claim Form in this case issued by you out of the Northampton County Court.

    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

    Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

    Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

    1. The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

    2.The deed of assignment and/ or
    2.1 deed of Novation
    3.The notice of assignment
    4.The default warning letter
    5.The default notice
    5.1 Termination Notice

    6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxxx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.


    7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

    You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

    If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

    Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.




    Yours faithfully
    Last edited by Patrick O'Neill; 29-09-2016 at 9:12 AM.
    • Herzlos
    • By Herzlos 28th Sep 16, 3:05 PM
    • 4,070 Posts
    • 3,553 Thanks
    Herzlos
    Remove your name from the post, as N*pier read the forums.
    • Umkomaas
    • By Umkomaas 28th Sep 16, 4:40 PM
    • 10,984 Posts
    • 16,389 Thanks
    Umkomaas
    I haven't read back through all this thread, but this doesn't seem right to me.

    6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £225.47 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.
    Who has paid for what debt? Looks more like something related to MIL, not Nap.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • catfunt
    • By catfunt 28th Sep 16, 6:31 PM
    • 477 Posts
    • 701 Thanks
    catfunt

    The PPCs read these forums. I strongly recommend that you remove exact amounts being claimed as they could identify the case.
    Originally posted by catfunt
    You still have not done this. I strongly recommend you do, but it may well be too late.
    Got a Private Parking Notice??
    ** Do Not Pay
    ** Do Not Ignore a Notice to Keeper (except Scotland)
    ** Do not mention who was driving (No "Me" Myself" "I")
    ** Never, ever phone a Private Parking Company
    ** Please read the NEWBIES thread at the top of the forum
    • The Deep
    • By The Deep 28th Sep 16, 7:14 PM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    I do not think that this matters too much Catfunt , this firm is currently being investigated by the SRA, I doubt if they will be around for much longer.
    • Patrick O'Neill
    • By Patrick O'Neill 11th Oct 16, 1:43 PM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    [IMG]hxxp://www.dropbox.com/s/ybh3sv1vnoxhqw8/Capture11.10.16.PNG?dl=0[/IMG]

    please see attached link of the letter received could someone please provide some advice on how to respond to this?

    hxxp://www.dropbox.com/s/ybh3sv1vnoxhqw8/Capture11.10.16.PNG?

    thanks
    Patrick
    Last edited by Patrick O'Neill; 12-10-2016 at 9:02 AM.
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 6:07 PM
    • 40,470 Posts
    • 52,375 Thanks
    Coupon-mad
    Can't see the link, probably because you haven't made enough posts yet. Try hosting it on Dropbox or tinypic and showing us the URL 'broken' by changing the http to hxxp.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • IamEmanresu
    • By IamEmanresu 12th Oct 16, 10:09 AM
    • 981 Posts
    • 1,720 Thanks
    IamEmanresu
    You've been sent a Directions Questionnaire which you have failed to return or they haven't received. You have 7 days to get it filled in and back.

    Did you get a letter from the court asking for information?

    Get it done ASAP or you lose.
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
    • Patrick O'Neill
    • By Patrick O'Neill 12th Oct 16, 10:20 AM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    having checked my documents i believe i have missed this page out
    • IamEmanresu
    • By IamEmanresu 12th Oct 16, 12:23 PM
    • 981 Posts
    • 1,720 Thanks
    IamEmanresu
    Your friend has to follow the instructions on the letter within this timescale on the letter or suffer the consequences as explained in the letter.

    Can he/you do this in time?

    Also is this the location?

    http://www.plymouthherald.co.uk/plymouth-driver-slapped-with-90-parking-ticket-because-bays-were-faded/story-29797743-detail/story.html
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
    • Patrick O'Neill
    • By Patrick O'Neill 12th Oct 16, 3:22 PM
    • 25 Posts
    • 4 Thanks
    Patrick O'Neill
    i have sent this completed form with a cover letter today 1st class on behalf of my friend. I have refereed the court to my letter to Gladstones of the 27/09/16 requesting more information (CPR Part 18) to which i haven't received a response to.
    • DollyDee
    • By DollyDee 12th Oct 16, 4:32 PM
    • 623 Posts
    • 639 Thanks
    DollyDee
    http://www.dropbox.com/s/ybh3sv1vnoxhqw8/Capture11.10.16.PNG?dl=0

    http://www.dropbox.com/s/ybh3sv1vnoxhqw8/Capture11.10.16.PNG?

    Live links.

    I think they are both the same.
    • Coupon-mad
    • By Coupon-mad 12th Oct 16, 7:02 PM
    • 40,470 Posts
    • 52,375 Thanks
    Coupon-mad
    i have sent this completed form with a cover letter today 1st class on behalf of my friend. I have refereed the court to my letter to Gladstones of the 27/09/16 requesting more information (CPR Part 18) to which i haven't received a response to.
    Originally posted by Patrick O'Neill
    Why not email it as well? They must have this within seven days of service and you also need to serve a copy to Gladstones in time too.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,724Posts Today

8,460Users online

Martin's Twitter