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  • FIRST POST
    • TW2011
    • By TW2011 25th Jan 17, 1:16 PM
    • 23Posts
    • 11Thanks
    TW2011
    Urgent help! Gladstones letter before claim
    • #1
    • 25th Jan 17, 1:16 PM
    Urgent help! Gladstones letter before claim 25th Jan 17 at 1:16 PM
    Hello,

    I am in need of some urgent advice, I have received a letter before claim from Gladstones solicitors dated the 20/01/17 in relation to 5 parking tickets issued by national car parks limited for £160 each. These were issued when my wife was driving my car after being ill advised by a friend that there was no need to comply with these "fines" she subsequently failed to tell me about the situation and discarded any letters that were sent to me so unaware if there were any NTK sent. So... where do i start? Of course i'm not thinking about telling them it was her driving at the time, is it too late to offer some form of payment? what should i write in response to the letter before claim? how should i fight this if it goes to court (i'm not sure i have a leg to stand on)
    Any help much appreciated, i have been trawling through forums but as a complete newbie don't really have a clue where to start and need to reply within 14 days.
    Thanks in advance
    Last edited by TW2011; 25-01-2017 at 1:22 PM.
Page 3
    • Coupon-mad
    • By Coupon-mad 15th Aug 17, 1:12 AM
    • 51,816 Posts
    • 65,445 Thanks
    Coupon-mad
    As for the court case N159 was filed
    Wrong form - as the defendant was up for a hearing, hopefully you mean N180?
    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.

    • TW2011
    • By TW2011 15th Aug 17, 8:55 AM
    • 23 Posts
    • 11 Thanks
    TW2011
    Yes that's right, the directions questionnaire is what I mean.
    • nosferatu1001
    • By nosferatu1001 15th Aug 17, 9:25 AM
    • 1,185 Posts
    • 1,221 Thanks
    nosferatu1001
    If they believe the claim has been stayed, check with the court - otherwise you assume it is live. Meaning...

    ...you need to get cracking on your WS and evidence

    You MUST absolutely adduce into evidence:
    1) NCP confirming that the defendant has absolutely no liability in this matter, and you request the court as a preliminary matter to strike out the case entirely as it cannot possibly succeed. You Could do this NOW
    2) NCP confirming that one of the PCNs has been cancelled, ref... and that this requires AT MINIMUM the Particular s of Claim to be re-pleaded, as they are now materially differ from that initially submitted and defended. You instead ask that, given the embarrassing nature of the PoC that the claim is instead struck out, for lacking any cause of action for all pleaded elements.
    • Coupon-mad
    • By Coupon-mad 15th Aug 17, 2:51 PM
    • 51,816 Posts
    • 65,445 Thanks
    Coupon-mad
    Good to have you posting here as well as on pepipoo, nosferatu1001.
    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.

    • Lamilad
    • By Lamilad 15th Aug 17, 4:09 PM
    • 1,201 Posts
    • 2,384 Thanks
    Lamilad
    "Good to have you posting here as well as on pepipoo, nosferatu1001. "


    +1
    • waamo
    • By waamo 15th Aug 17, 4:13 PM
    • 2,159 Posts
    • 2,578 Thanks
    waamo
    "Good to have you posting here as well as on pepipoo, nosferatu1001. "


    +1
    Originally posted by Lamilad
    I don't think parking companies will be saying that.
    This space for hire.
    • TW2011
    • By TW2011 15th Aug 17, 8:57 PM
    • 23 Posts
    • 11 Thanks
    TW2011
    I will absolutely be using these points in the case, how does the WS differ from the defence already filed? Would i write to my local court where the case will be heard enclosing a copy of the letters that I have received?
    • Coupon-mad
    • By Coupon-mad 15th Aug 17, 9:02 PM
    • 51,816 Posts
    • 65,445 Thanks
    Coupon-mad
    WS are covered in the NEWBIES thread, and explained here by Johnersh:

    http://forums.moneysavingexpert.com/showthread.php?p=72982953#post72982953

    Examples are in the NEWBIES thread post #2.
    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.

    • TW2011
    • By TW2011 21st Sep 17, 2:37 PM
    • 23 Posts
    • 11 Thanks
    TW2011
    An update for you all: After a couple of letters back and forth with NCP we have today received letters confirming that the remaining 4 PCN's have now been cancelled. Although no mention of instructing Gladstones to withdraw the claim as I have asked them to confirm they will/have done this several times, just the same old template letter. What happens now? Should I contact the court to see if the claim has been discontinued or should I get a notice from the court? And if not where do I go from there. If the communication is still as shoddy between Gladstones and NCP then I cant rely on the fact that NCP have told them that the PCN's are now cancelled.
    • Coupon-mad
    • By Coupon-mad 22nd Sep 17, 12:36 AM
    • 51,816 Posts
    • 65,445 Thanks
    Coupon-mad
    Should I contact the court to see if the claim has been discontinued
    Yes, and attach a copy of the proof that the Claimant has cancelled all charges. Ask the court if they've received a letter of discontinuance.

    Very well done - I think we probably mentioned that NCP really are court-shy!!
    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.

    • TW2011
    • By TW2011 10th Oct 17, 12:57 PM
    • 23 Posts
    • 11 Thanks
    TW2011
    Hello all, notice of discontinuance has been received so this ordeal is finally over. NCP were clearly unaware of the actions Gladstones had taken and hopefully they have received a royal bollocking from NCP and lost their business, I hope other PC's will also follow suit and put them out of business. Massive thanks and appreciation to all those who have offered advice and support
    • The Deep
    • By The Deep 10th Oct 17, 1:05 PM
    • 7,424 Posts
    • 6,473 Thanks
    The Deep
    I hope that you have been recompensed for your trouble.
    You never know how far you can go until you go too far.
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