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  • FIRST POST
    • longleggedhair
    • By longleggedhair 14th Mar 17, 12:15 PM
    • 268Posts
    • 339Thanks
    longleggedhair
    Gladstones CCJ
    • #1
    • 14th Mar 17, 12:15 PM
    Gladstones CCJ 14th Mar 17 at 12:15 PM
    A couple of years ago I received a letter from Euro Car Parks demanding £100 for parking in an unauthorised area. It was somewhere I had never been and the photographic "evidence" sent was a dark photograph with my registration on. It could have been taken anywhere. I immediately thought it was a scam.

    I called the company to advise them of the above. I never heard anything from them again.

    Then last month I had a letter from Gladstones Solicitors re the above threatening court action. I called them and advised them of the above. I said the photo evidence was nothing but a dark photo with my number pate on. They said they didn't have access to the photo! But if I didn't pay £150 they would take me to court. Then after the two week notice period a court summons duly arrived, now for £250!

    I filled it in, advising the court that again I wasn't there and that the only evidence was a dark photo with my number plate on and gave details of what had happened in the time since.

    This was a couple of weeks ago. I've heard from the court to say they have referred my defence to Gladstones which they have 28 days to reply to, which as yet they haven't done. I'm a little nervous about the whole thing but I will fight it to the end. I just can't believe a solicitor would take on a case without even having sight of any evidence.

    I'd appreciate any advice please.
Page 3
    • Lamilad
    • By Lamilad 8th Apr 17, 8:53 PM
    • 1,175 Posts
    • 2,334 Thanks
    Lamilad
    does anyone have any ideas as to why and what happens now?
    Nothing! Once a claim is stayed my understanding is that it will remain so indefinately.
    • IamEmanresu
    • By IamEmanresu 10th Apr 17, 7:15 AM
    • 1,695 Posts
    • 3,092 Thanks
    IamEmanresu
    Nothing! Once a claim is stayed my understanding is that it will remain so indefinately.
    Not indefinitely

    The court advised that they can reactive the claim but they would have to pay a £100 fee.
    Courts as any FOML will tell you , are commercial organisations and want their money first.
    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 10th Apr 17, 1:17 PM
    • 1,593 Posts
    • 2,701 Thanks
    Loadsofchildren123
    Joining this thread a bit late. For what it's worth, I agree with Guys Dad's previous posts. You are essentially admitting the car is yours and was in your possession (ie you were driving), and your case is that you went nowhere near the carpark and their photo doesn't show that your car was there. If the stay is lifted (and I think I read another thread recently where Gladstones got a stay lifted without paying the fee), proceed with this defence and produce evidence that you didn't go there. Eg did you have passengers with you when you parked - get them to do statements saying you parked in a street and where you then went (but they must be ready to come to court on the day), where did you go (again, get your friends to back you up, is there any sort of footprint on your phone saying where you went? facebook posts? Credit card/bank entries showing where you went.... why would you have parked 2 miles away from where you went?).


    So your entire defence rests on you not being there and you must do everything you can to show where you were and where you parked.


    You can add in to your statement that you've been to the site after proceedings were issued, and there are no signs there, but if you were to try to argue that signage was insufficient the court may not allow this as it wasn't in your initial defence.
    • Johnersh
    • By Johnersh 11th Apr 17, 7:34 AM
    • 653 Posts
    • 1,231 Thanks
    Johnersh
    The order to stay unless a reply to the defence is served IS a case management power and is not necessarily ordered in every case.

    Be that as it may, it's a good result. It could be stayed indefinitely or Kick-started by the Claimant PPC at a later stage. You have only 2 options. 1st is to maintain the status quo.

    Second, you could apply for strike out and seek the costs of the application on the papers, without a hearing (£100 not £255) and ask for costs on the basis that you should not have the uncertainty of a pending claim hanging over you. The trouble with this is approach is that it risks triggering the PPC to put further work in and pursue the claim.
    • longleggedhair
    • By longleggedhair 21st Apr 17, 4:21 PM
    • 268 Posts
    • 339 Thanks
    longleggedhair
    Further update. I've had an email today from Gladstones enclosing a directions questionnaire (which is blank!) and also a request they have forwarded to the court that the hearing happen on the papers.

    Now this request has come several weeks after the claim has been stayed, I have spoken to the court again today and they have confirmed this and also again advised they will have to make an application and pay a £100 fee if they wish to resurrect the claim.

    I have spoken to my friend who is willing to give a witness statement and come to court to confirm I was not in the vicinity they claim, so I suppose now will be a waiting game to see what they do next.
    • Coupon-mad
    • By Coupon-mad 22nd Apr 17, 12:24 AM
    • 51,511 Posts
    • 65,127 Thanks
    Coupon-mad
    Haha, sounds like they've really dropped the ball and forgotten where this claim is at!
    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.

    • Coupon-mad
    • By Coupon-mad 13th Sep 17, 8:26 PM
    • 51,511 Posts
    • 65,127 Thanks
    Coupon-mad
    Further update. I've had an email today from Gladstones enclosing a directions questionnaire (which is blank!) and also a request they have forwarded to the court that the hearing happen on the papers.

    Now this request has come several weeks after the claim has been stayed, I have spoken to the court again today and they have confirmed this and also again advised they will have to make an application and pay a £100 fee if they wish to resurrect the claim.

    I have spoken to my friend who is willing to give a witness statement and come to court to confirm I was not in the vicinity they claim, so I suppose now will be a waiting game to see what they do next.
    Originally posted by longleggedhair
    Anything happened since?

    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.

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