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  • FIRST POST
    • thismakemesad
    • By thismakemesad 25th Jan 17, 12:49 PM
    • 61Posts
    • 19Thanks
    thismakemesad
    SIP Parking / Gladstones Court Claim / Defence Stage
    • #1
    • 25th Jan 17, 12:49 PM
    SIP Parking / Gladstones Court Claim / Defence Stage 25th Jan 17 at 12:49 PM
    Good afternoon all,

    A parking ticket was received last year (14/10/16) on Cable Street Manchester - In this circumstance the driver was in Manchester and paid for 3 hours parking. the driver was late back due to a hold up at work, But they made it back within the hour. There is now a final reminder on the ticket.
    The bill now stands at £125 but because it has been left so long I don't think they will listen to anything as it is so far past the ticket. Any advice??

    Does anybody know the landowner so I could email and explain the situation? I've heard that gets better results?
    Last edited by thismakemesad; 10-05-2017 at 11:52 PM. Reason: New information
Page 6
    • safarmuk
    • By safarmuk 18th Oct 17, 1:31 PM
    • 613 Posts
    • 1,124 Thanks
    safarmuk
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27
    Search for "Non-attendance of parties at a final hearing" -> this is 27.9

    I believe, this means that GS have given notice in writing (hopefully 7 days before the hearing date) that no representative will be attending the hearing. You still need to attend and the DJ will still decide based on their submissions and your submissions but you have the advantage of attending in person and being able to verbally rebut anything in their statements. I think this is probably good for you ... others may agree/disagree.

    Do not forget you still need to attend.
    • IamEmanresu
    • By IamEmanresu 19th Oct 17, 6:55 AM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    Do not forget you still need to attend.
    Your presence and their unwillingness to send a Rep or even a witness should be enough for the judge to award you the case.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • claxtome
    • By claxtome 19th Oct 17, 7:11 AM
    • 332 Posts
    • 330 Thanks
    claxtome
    So would I literally be able to put in the point about them showing evidence for the wrong parking space? Or would I need to create an SA for the whole of the witness statement? I feel I've said everything I need to in the WS but just want to start everything off with pointing out the wrong car park
    It is your day in court and you take the judge through whatever you want from your defence statement, WS or evidence And anything the other side have sent. If you don't need a Crib sheet or SA that is fine. I did as would forget what I wanted to say.

    Btw I would second what IamEmanresu has just posted. Them not turning up can only work in your favour - no cross examining what you say.

    Finally make sure you submit your costs with court 24 hours before the court day. You need to send it to Claimant Solicitors as well. May as well get your expenses paid for the day.
    Last edited by claxtome; 19-10-2017 at 7:17 AM.
    • Coupon-mad
    • By Coupon-mad 19th Oct 17, 5:49 PM
    • 51,711 Posts
    • 65,365 Thanks
    Coupon-mad
    Finally make sure you submit your costs with court 24 hours before the court day. You need to send it to Claimant Solicitors as well. May as well get your expenses paid for the day.
    This, do this tonight, so Court an Gladstones get it. Push it a bit, look this poster got £1500!!:

    http://forums.moneysavingexpert.com/showthread.php?t=5662425&page=3

    So would I literally be able to put in the point about them showing evidence for the wrong parking space?
    Yes, if the judge wants you to walk through your defence you can also point out any discrepancies and massive holes in their evidence, and paint a picture throughout of them being WHOLLY UNREASONABLE and vexatious from the outset.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • IamEmanresu
    • By IamEmanresu 20th Oct 17, 6:28 PM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    See that SIP are now referring to themselves as SAP Parking - shows what they think about their clients.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • IamEmanresu
    • By IamEmanresu 23rd Oct 17, 5:52 PM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    How did it go?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • knightstyle
    • By knightstyle 26th Oct 17, 8:30 AM
    • 4,485 Posts
    • 1,650 Thanks
    knightstyle
    Anyone heard from the opp??????
    • thismakemesad
    • By thismakemesad 26th Oct 17, 11:18 AM
    • 61 Posts
    • 19 Thanks
    thismakemesad
    Hi all,

    Sorry for the late reply. Only had a moment today to think it through and let it sink in that we won!! WHOO! I say we because so much was down to you guys and the help I received so thank you.
    The win was mainly on the basis of lack of show from the claimant side, and they submitted their absence via email, only 6 days before. Gladstones have shot themselves in the foot again it seems. However, judge said there looked like a strong case and he was positive that it would have gone in our favour anyway.
    Thank you so much.! Haven't had time to have a celebratory pint as of yet, but tonight is the night. So I'll be raising a glass to you all.
    Take care, and in the nicest possible way, hope we don't meet again in these circumstances!
    x
    • thismakemesad
    • By thismakemesad 26th Oct 17, 11:21 AM
    • 61 Posts
    • 19 Thanks
    thismakemesad
    Oh forgot to mention, I was awarded £198 in costs. I applied for over £1,368 after totalling all my hours, but because my reasoning was unreasonable behaviour, he said he could only really go into those costs if we went through the case. If I'm honest, I just wanted out at that point and he was already annoyed he had allocated 1.5 hours of court time so I don't think he wanted to proceed further. Plus, if there was something he disagreed with in the WS the whole thing may have flipped to the other side so I was happy.

    I have no idea how to apply for those costs or what to do now about that, I assume there's a NEWBIE'S file somewhere to read through.
    • Umkomaas
    • By Umkomaas 26th Oct 17, 11:46 AM
    • 15,900 Posts
    • 24,648 Thanks
    Umkomaas
    I’m sure they will receive notification from the court and will need to send you a cheque by the date specified by the Judge. Come back if you don’t receive your payment by that date.

    Well done. It’s just pathetic that a so-called professional organisation can just operate with such disdain for the court system.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • IamEmanresu
    • By IamEmanresu 27th Oct 17, 5:36 AM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    Judge's name? Was it DJ Reece?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • thismakemesad
    • By thismakemesad 30th Oct 17, 6:14 PM
    • 61 Posts
    • 19 Thanks
    thismakemesad
    I'll probably be back in touch then when they don't! haha

    Judge Powell. Not sure if he's done any other cases that you guys are aware?
    • thismakemesad
    • By thismakemesad 6th Nov 17, 4:48 PM
    • 61 Posts
    • 19 Thanks
    thismakemesad
    So 14 days on, and nothing has been paid. What's my next move? I expected this to happen, and feel my initial costs stand even more so now, is that doable to write to the judge and request my initial costs are redeemed considering they have broken this now too?
    • thismakemesad
    • By thismakemesad 5th Dec 17, 10:39 AM
    • 61 Posts
    • 19 Thanks
    thismakemesad
    Hi there, 27th November was the date this was meant to be paid, it hasn't been. I want to take it back to my original request of full costs rather than the £198 I was awarded. But I don't know if that is possible. The court say they can't do any more and that I have to Chase it up myself on how I want this debt to be collected. I have absolutely no idea on how this is done and don't want to have another court hearing or anything of the kind. But understand there might not be any other option. Is this something I can retrieve without a load of forms and stress? Or sadly is the system complicated again to then get the amount paid? I've really enjoyed this not being on my mind anymore, and feel the stress straight away coming back to get this sorted, but I want to collect it on behalf of all the help you guys have given. Any help on next steps will be greatly appreciated! I want SIP to feel the pain of this case.
    • IamEmanresu
    • By IamEmanresu 5th Dec 17, 11:06 AM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    Is there anyone that can get you details of all SIP's outstanding CCJ's?

    Seem to recall an idea where if someone that lost against SIP could pay a SIP outstanding CCJ as one debt "satisfies" another. Perhaps someone could confirm.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Loadsofchildren123
    • By Loadsofchildren123 5th Dec 17, 11:14 AM
    • 1,755 Posts
    • 2,867 Thanks
    Loadsofchildren123
    No idea about that.


    You can't revisit costs now. You asked for 27.14(2)(g) costs and the judge said no and awarded £198 instead.


    but you can enforce the costs. There are different ways of enforcing depending on how high the amount is, have a look online or someone will come along and advise. I think it's a writ of control, but I'm not sure if that's only for orders over £500.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • IamEmanresu
    • By IamEmanresu 5th Dec 17, 11:26 AM
    • 1,812 Posts
    • 3,202 Thanks
    IamEmanresu
    No idea about that.
    Seems to be a Third Party Debt Order.

    A Third Party Debt Order may also be served on anyone who owes the judgment debtor money so where a judgment debtor cannot pay you because they are owed money by someone else, then a Third Party Debt Order attaches to that third party so they pay money to you rather than paying the judgment debtor. These orders are commonly directed at the judgment debtors bank/building society to pay money out to satisfy the debt.
    Fee is £100. Form is N349 so presume that the fee is added to the debt too.

    Perhaps someone could set up a "clearing house" for SIP TPDO?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • nosferatu1001
    • By nosferatu1001 5th Dec 17, 2:27 PM
    • 1,159 Posts
    • 1,180 Thanks
    nosferatu1001
    Yep, that fee is simply added to the debt, as theyve already "lost"
    With a few goes round you can easily get this up over £600, then you call the High Court in.
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