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  • FIRST POST
    • dramaking
    • By dramaking 30th Mar 17, 6:14 PM
    • 7Posts
    • 3Thanks
    dramaking
    Court Case - Millennium/Galdstones
    • #1
    • 30th Mar 17, 6:14 PM
    Court Case - Millennium/Galdstones 30th Mar 17 at 6:14 PM
    Hi, this is my first post, so apologies if I don't get it right. I've done the research from partner who is being taken to court by Millennium/Gladstones.
    In a nutshell, partner was not the driver and has provided proof to debt recovery company who then said that Elliott v Loake applied. NtK was issued too late to be POFA compliant but debt recovery company said that as charge wasn't issued under POFA, this was irrelevant.
    The info on the forum has been fantastic and helped me to submit a defence for my partner. Was hoping that the claim would be dropped as I really cann't see what basis Millennium have for taking court action- they know partner wasn't the driver and aren't relying on POFA! However, Court date set for May and I'm drafting witness statement - would be really grateful if I post it for any comments/suggestions.
Page 2
    • Umkomaas
    • By Umkomaas 1st Apr 17, 9:13 PM
    • 13,091 Posts
    • 20,393 Thanks
    Umkomaas
    I am aware this is someone else's case page so perhaps we should talk more on this at mine.
    I agree - no 'perhaps' about it, please don't blow the OP out of the water by posting detailed questions about another case and diverting regulars away from this one. It's just so unfair on the OP. They too have just as worrying a case to deal with as anyone else seeking help here.
    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.
    • Kind Of Irritated
    • By Kind Of Irritated 1st Apr 17, 11:26 PM
    • 226 Posts
    • 163 Thanks
    Kind Of Irritated
    No-one is doing it to be unfair. No perhaps about that too. Am now deleting any distracting posts and moving any relevant posts to my own thread.
    Last edited by Kind Of Irritated; 02-04-2017 at 12:34 AM.
    • IamEmanresu
    • By IamEmanresu 2nd Apr 17, 6:28 AM
    • 1,285 Posts
    • 2,363 Thanks
    IamEmanresu
    Did Mr G turn up at your hearing btw? If he doesn't turn up at the next hearing make a big song and dance. Witnesses HAVE to attend for cross examination. So if he doesn't you can invite the court to disregard his evidence. If a witness can't come you are supposed to serve a Civil Evidence Act Notice. Challenging a witness's evidence is a fundamental right.
    Another gem, Loads. See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • dramaking
    • By dramaking 18th Apr 17, 1:06 PM
    • 7 Posts
    • 3 Thanks
    dramaking
    Thanks all for help given. Witness statement sent in and Gladstones/Millennium responded that they were discontinuing their claim.
    • Loadsofchildren123
    • By Loadsofchildren123 18th Apr 17, 1:28 PM
    • 858 Posts
    • 1,455 Thanks
    Loadsofchildren123
    Now that's interesting. They discontinued mine too. Previously their policy seemed to be to continue with all claims regardless of there being a good defence.
    • Umkomaas
    • By Umkomaas 18th Apr 17, 2:53 PM
    • 13,091 Posts
    • 20,393 Thanks
    Umkomaas
    Now that's interesting. They discontinued mine too. Previously their policy seemed to be to continue with all claims regardless of there being a good defence.
    Originally posted by Loadsofchildren123
    I wonder if they're starting to get cold feet on the DPA breach front and discontinuing those where a DPA claim would leave them struggling for breath?
    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.
    • Loadsofchildren123
    • By Loadsofchildren123 18th Apr 17, 2:56 PM
    • 858 Posts
    • 1,455 Thanks
    Loadsofchildren123
    Well they were certainly anxious for me to forego the counterclaim (even though I hadn't made one, I'd specifically reserved the Defendant's position on that). I know that some PPCs regularly withdraw or don't turn up, but to date Millennium hasn't been one of them.
    • dramaking
    • By dramaking 19th Apr 17, 10:31 AM
    • 7 Posts
    • 3 Thanks
    dramaking
    I didn't make a DPA counterclaim, although I probably could have.
    • The Deep
    • By The Deep 19th Apr 17, 10:38 AM
    • 6,575 Posts
    • 5,516 Thanks
    The Deep
    ... and probably still can. Send them an invoice anyway, it will cost them time and money to deal with it.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 19th Apr 17, 10:43 AM
    • 13,091 Posts
    • 20,393 Thanks
    Umkomaas
    I didn't make a DPA counterclaim, although I probably could have.
    Originally posted by dramaking
    You still can - you have 6 years to do so. And it could be lucrative, up to £750.

    Fighting back on this front is a pretty new strategy and the forums are still planning their approaches, with court claims being worked on imminently.

    So keep coming back to the forum (and/or The Parking Prankster blog), because if this potential timebomb explodes, you'll be seeing the next PPI-style tsunami.
    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.
    • Loadsofchildren123
    • By Loadsofchildren123 19th Apr 17, 11:37 AM
    • 858 Posts
    • 1,455 Thanks
    Loadsofchildren123
    check that they actually have discontinued - phone the court to ask. Unless and until you receive a formal Notice of Discontinuance from the court you can't assume it has been. PPCs have been known to say they are discontinuing and then they don't.


    In my case Gladstones discontinued on the proviso that I didn't make a counterclaim. Like the OP, I was happy not to proceed with a counterclaim. I put so much research into the defence of the pcn that I didn't have the will to start researching DPA. However, by the same token I do think that if everyone starts making counterclaims/issuing their own claims then this would be a strong offputting factor for the PPCs.


    Perhaps once you've had formal notice of the discontinuance you should send them your own Letter Before Claim and a without prejudice offer saying you'll settle for £x?
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