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  • FIRST POST
    • Cbella38
    • By Cbella38 11th Feb 17, 4:53 PM
    • 91Posts
    • 17Thanks
    Cbella38
    Help needed
    • #1
    • 11th Feb 17, 4:53 PM
    Help needed 11th Feb 17 at 4:53 PM

    Please can you help .

    My mom owns a car and has a named driver or drivers on the insurance.

    Last October the driver took their daughter to have her college interview and parked in a Euro Parking car park and paid for their hours stay as they weren't going to be there long.

    Now a bit of background on the driver

    They have an ileostomy- so a stoma if your not aware of what it is and they have to wear bags and they have days where the bags can fill up so quickly without warning of fluid that they have to empty the bag because if they don't they risk burns to their skin and leaks.

    Anyway on their way out of the college their bag filled up with fluid so have to do a detour to the toilet, sanitize the area as they are at high risk of infection ..empty the bag, clean up and then they left

    by the time they got to the car it was 4 MINUTES over the ticket they had BOUGHT for the hour stay and had a parking warden telling them they were going to issue a ticket .

    The driver told him reason they were a little late but he wasn't interested .

    A few weeks later my mom got a letter went into mad panic but the driver said they are not paying it as they were only 4 minutes over for starters, have a condition that is beyond their control at times and things happen, and not gonna pay for a 2 hour stay when only going to be there an hour of that.

    Anyway my mom insisted that the driver wrote to them so they did and enclosed the medical card, information about an ileostomy and also what the government say about parking "fines" and how we have a 10 minute grace period.

    But they still won't have it anyway after advice we ignored any more letters but today my mom received a letter from a Solicitors called Gladstones Ltd saying they want to take it to court .

    What should I do ?

    It feel like the driver is being discriminated against all because they have something which they have to have and don't have control over and it's not like the driver couldn't be bothered to pay as they did pay for the stay.

    Really need some sound advice
    Last edited by Cbella38; 11-02-2017 at 8:30 PM.
Page 5
    • Cbella38
    • By Cbella38 14th Jul 17, 11:56 PM
    • 91 Posts
    • 17 Thanks
    Cbella38
    The court papers were sent back well in time but RK got a letter saying no papers were recieved so driver called courts and asked what was going on as they were sent back. Followed it up via email and RK got reply back saying new forms would be sent to complete, came a week later and forms were completed with a covering letter and this time sent back recorded delivery so can not say they have not got it. Emailed court to say that forms were posted. Heard nothing for a good few weeks then next letter saying case been struck out of court and got to pay a sum of money.

    Got back.on the email and asked what on earth is going on and that won't be paying any money and want to see the judge.

    Another letter arrived demanding money otherwise bailiffs will turn up.

    This is completely unfair.

    Can RK or even the Driver go to nearest court and ask to see a judge?
    • Coupon-mad
    • By Coupon-mad 15th Jul 17, 12:31 AM
    • 51,650 Posts
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    Coupon-mad
    You were submitting a defence in March, ages ago, so what papers are you talking about going missing more recently?

    And did the letter come from the CCBC at Northampton, or did it come from your local court where it was allocated in the Spring?

    What exactly does the letter say and from which court?
    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.

    • Cbella38
    • By Cbella38 15th Jul 17, 9:32 AM
    • 91 Posts
    • 17 Thanks
    Cbella38
    In March that was the letter or defence papers for the court which they had in the post . The we recieved a directions questionnaire. We did not want to meditate we wanted to go to court with this.

    It is the direction that was sent back the first time that got 'mislaid'. Had a letter from court saying not recieved paperwork they sent therefore risking be struck out of court.

    Phoned and emailed them asking how can it go missing when it was sent. Couldn't answer us so they resent it in the post. As soon as it was recieved it was completed and returned.

    Didn't hear anything for a good while then last week 2 letters from the court saying it's struck out and we have to pay charges.

    Emailed the court as thought that way it's all logged asking why struck out when paperwork was sent back in good time. But no reply yet from them . Then another letter saying if don't pay will get bailiffs. I am picking letters up later from RK home so will confirm where been sent from.
    • Cbella38
    • By Cbella38 15th Jul 17, 9:35 AM
    • 91 Posts
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    Cbella38
    They never located me a court near me all correspondence has gone to Northampton.

    This is what we have been waiting for a date to attend at nearest court. One letter did have is the EPC won't mediate
    • Quentin
    • By Quentin 15th Jul 17, 10:14 AM
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    Quentin
    Then another letter saying if don't pay will get bailiffs. .
    Originally posted by Cbella38
    Now they have got judgement against you then the claimant can apply to court for enforcement which can include using bailiffs/attachment of earnings etc.


    All the extra costs involved in enforcing a judgement are payable by the defendant.


    So if you are going to appeal this judgement you need to act very fast
    • Cbella38
    • By Cbella38 15th Jul 17, 10:25 AM
    • 91 Posts
    • 17 Thanks
    Cbella38
    How ..tell me how ?this is so wrong
    • Cbella38
    • By Cbella38 15th Jul 17, 10:29 AM
    • 91 Posts
    • 17 Thanks
    Cbella38
    Even if RK wasn't the driver ?

    The driver wants judge to hear just what happened and what's wrong them which made them a 8 mins late getting back to car. Payment was made for a ticket to park on the car park and what happened couldn't be helped . Still arrived back to car before the so called 10 min grace period.

    No parking charge notice was given to driver and nothing attached to window of car. Just driver and attendant had abit of an argument as he was not interested in what driver had to say.

    RK just owns the car but doesn't drive it
    • Cbella38
    • By Cbella38 15th Jul 17, 10:30 AM
    • 91 Posts
    • 17 Thanks
    Cbella38
    This is making both RK and Driver ill with stress over this
    • Quentin
    • By Quentin 15th Jul 17, 10:47 AM
    • 33,480 Posts
    • 17,358 Thanks
    Quentin
    How ..tell me how ?this is so wrong
    Originally posted by Cbella38
    If you mean how can this happen then it's because the claimant has won a judgement against you which they are entitled to enforce.

    If you mean how to appeal then you ought to get proper legal advice. To appeal you must do so quickly.

    If you never received any documents then you may have grounds for getting the judgement set aside.

    A set aside hearing costs £255. Again get proper advice on your chances before embarking on that route
    • Cbella38
    • By Cbella38 15th Jul 17, 11:01 AM
    • 91 Posts
    • 17 Thanks
    Cbella38
    All we have been asking for is to see a judge on this matter
    • The Deep
    • By The Deep 15th Jul 17, 11:04 AM
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    The Deep
    This is making both RK and Driver ill with stress over this
    Originally posted by Cbella38


    How so, it is only a few hundred pounds. If there has been an injustice, I am confident that it will be put right, but you need to be patient, but you have to admit, you are not entirely blameless, you need to be pro-active in these matters.

    I have a complaint ongoing against Thames Valley Police. It is 18 months old, but I am confident that I will get it sorted to my satisfaction eventually.
    Last edited by The Deep; 15-07-2017 at 11:09 AM.
    You never know how far you can go until you go too far.
    • Quentin
    • By Quentin 15th Jul 17, 11:08 AM
    • 33,480 Posts
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    Quentin
    All we have been asking for is to see a judge on this matter
    Originally posted by Cbella38
    How do you mean "see a judge"?

    Have you ignored other correspondence from court?
    • Coupon-mad
    • By Coupon-mad 15th Jul 17, 12:38 PM
    • 51,650 Posts
    • 65,307 Thanks
    Coupon-mad
    Even if RK wasn't the driver ?

    The driver wants judge to hear just what happened and what's wrong them which made them a 8 mins late getting back to car. Payment was made for a ticket to park on the car park and what happened couldn't be helped . Still arrived back to car before the so called 10 min grace period.

    No parking charge notice was given to driver and nothing attached to window of car. Just driver and attendant had abit of an argument as he was not interested in what driver had to say.

    RK just owns the car but doesn't drive it
    Originally posted by Cbella38
    Yes the RK is liable if they were the defendant. You did get THEM (the defendant) to complete and sign that DQ didn't you, not the driver, who has no right to speak to a Judge - except as a witness.

    It's nothing to do with the driver. Only the Defendant is involved here. Did that person sign the 2 x DQ forms?
    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.

    • Cbella38
    • By Cbella38 15th Jul 17, 1:51 PM
    • 91 Posts
    • 17 Thanks
    Cbella38
    Never ignored no letters and forms and yes RK has completed but not had the opportunity to be in front of a judge on this case and RK should have this opportunity
    • Quentin
    • By Quentin 15th Jul 17, 4:02 PM
    • 33,480 Posts
    • 17,358 Thanks
    Quentin
    So if the defendant knew nothing about the hearing then consider the set aside route - but realise the cost of this which may be simply increasing the whole cost of this episode.


    Maybe take all the court docs to the CAB and see if they have someone who can go through them with the defendant to see what has gone wrong for the defendant in the process (don't expect too much o the specifics of the defence from the CAB, but they may be able to assist on the procedure and how this has happened without the defendant being aware
    Last edited by Quentin; 15-07-2017 at 4:05 PM.
    • Cbella38
    • By Cbella38 15th Jul 17, 4:31 PM
    • 91 Posts
    • 17 Thanks
    Cbella38
    OK.. no there was never a date given otherwise would have been attended
    • Quentin
    • By Quentin 15th Jul 17, 4:34 PM
    • 33,480 Posts
    • 17,358 Thanks
    Quentin
    What about the questionnaire stage?

    Did the defendant send that back?
    • Cbella38
    • By Cbella38 15th Jul 17, 5:29 PM
    • 91 Posts
    • 17 Thanks
    Cbella38
    Yes 2 questionnaires they have had now. As stated first questionnaire got 'mislaid' so resent it out.

    This is why does make sense
    • Coupon-mad
    • By Coupon-mad 15th Jul 17, 7:55 PM
    • 51,650 Posts
    • 65,307 Thanks
    Coupon-mad
    I would ring the CCBC next week and find out how they've lost 2 x DQs.
    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.

    • The Deep
    • By The Deep 17th Jul 17, 12:36 PM
    • 7,411 Posts
    • 6,456 Thanks
    The Deep
    You said

    Emailed court to say that forms were posted. Heard nothing for a good few weeks then next letter saying case been struck out of court and got to pay a sum of money.

    That is probably the problem. You have to be very pro-active in matters concerning courts, councils, taxmen, etc., waiting for them does not cut it.
    You never know how far you can go until you go too far.
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