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  • FIRST POST
    • nextman
    • By nextman 28th Apr 17, 4:14 PM
    • 16Posts
    • 6Thanks
    nextman
    Gladstones Letter of Claim
    • #1
    • 28th Apr 17, 4:14 PM
    Gladstones Letter of Claim 28th Apr 17 at 4:14 PM
    Hi all.

    I recently received a "letter before claim" from gladstone solicitors. It was relating to a parking fine from september 2015. After reading up I wasnt sure if this was someone pretending to be a solicitor to get some money out of me so I responded and asked for cause of action (something i saw another user on the forum do). I received a response today that said i have 14 days to pay before a letter of claim is issued.

    Some background on the parking fine: I have a flexible working plan and at the time I was regularly using diffrrent car parks from day to day. Sometimes multiple car parks in the same area as i wasnt sure if i was going to be at work for 2 hours or 10. Also I carshare occasionally with my cousin who lives next door and works with me.

    In september 2015 i received a few parking tickets from SIP and RCP but just ignored them untill they sent something to my house. In this case SIP has sent me a couple of notices demanding i pay. I have responded to every letter from them and the subsequent debt collector denying that I was the driver they were looking for. I requested an appeal but this was rejected as the appeal period had passed. so I asked them to send me everything they had to prove that I was the driver of the car. I used a template that i found online. In the end they gave up and stopped contacting me - until I received the letter from GLS this week.

    At this point i think i will have to respond to them with a letter asking them to bring the claim so that i can defend myself. I wish i hadnt got myself into this mess but now I just dont want to pay untill i absolutely have to. Mostly because although I may have been the driver, I cant be sure and i have never parked at that gravel pit they call a car park unless it was a last resort. It is under the arches at chapel warf and its jam packed every morning.

    What are my chances in court? Also will losing the claim effect my credit status? Will I even have to make an appearance in court? I have other tickets trom around the same time that i have not been chased up for (from SIP) - can these be used against me or grouped within this claim?Those are my main concerns at the moment. ANY HELP APPRECIATED.
Page 2
    • nextman
    • By nextman 12th Oct 17, 10:50 AM
    • 16 Posts
    • 6 Thanks
    nextman
    Just one question for you guys. The evidence they sent me was in an email. Does this matter? I assumed they would have to post it and keep a proof of postage or something. I've not had anything in the post from them yet.
    • KeithP
    • By KeithP 12th Oct 17, 1:52 PM
    • 4,800 Posts
    • 3,165 Thanks
    KeithP
    You can still submit a Witness Statement.

    In this thread manutd99 only discovered he had missed sending a witness statement ten days before his hearing.

    See post #60 onwards.

    He went on and won his case.
    .
    • nextman
    • By nextman 18th Oct 17, 11:22 AM
    • 16 Posts
    • 6 Thanks
    nextman
    Ive put together a very brief witness statement. Not sure if this is right but as they have pictures of my car im not sure theres a lot i can do.

    I looled through their witness statement. 1 thing i picked up on that may or may not help me.

    The claimant has used a contract between sip car parks limited (the landlord) and sip parking limited (the operator) to show they have authority to operate there but I did a land reg check and they dont own the land. The actual land owner is not mentioned in the witness statement. Can i use this to assert thry dont have the right to operate there?

    The rest of the evidence goes against me. Also they emailed me yesterday to say they wont be attending and have requested the judge to issue a verdict based on the papers.

    I contacted the courts today to check if they had paid the fee on time and submitted s proper application but they werent very helpful. The lady confirmrd the hearing was going ahead but wasnt able to give me dates for when it was submitted so ill assume it was done on time
    • Umkomaas
    • By Umkomaas 18th Oct 17, 12:37 PM
    • 15,962 Posts
    • 24,774 Thanks
    Umkomaas
    The claimant has used a contract between sip car parks limited (the landlord) and sip parking limited (the operator) to show they have authority to operate there but I did a land reg check and they dont own the land. The actual land owner is not mentioned in the witness statement. Can i use this to assert thry dont have the right to operate there?
    Do you have written evidence of who the landowner is?

    Are you sure SIP are not renting/leasing the land? You may need to have to contact the landowner - or - the local council to find out who is paying business rates on the car park.

    Also they emailed me yesterday to say they wont be attending and have requested the judge to issue a verdict based on the papers.
    Have you received the Directions Questionnaire? That’s where you object to the case being heard ‘on the papers’. It’s also where you request the hearing is held at your local court.
    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.
    • nextman
    • By nextman 19th Oct 17, 1:53 AM
    • 16 Posts
    • 6 Thanks
    nextman
    Yes i received the questionaire. I rejected the request to have it heard on the papers. I also asked for it to be in my local court. The judge obliged. So my court hearing is next week at my local court.

    The judge set a deadline for the trial fee and a proper application to be submitted.

    I called the court today and they said the hearing is going ahead. I assume they have complied with the judges request.

    Only yesterday they emailed me to say they wont be attending and have asked tbe judge to consider a verdict based on the papers.

    The landowner is network rail. I have a copy of the title deed and plan.
    • beamerguy
    • By beamerguy 19th Oct 17, 8:17 AM
    • 6,483 Posts
    • 8,316 Thanks
    beamerguy
    Yes i received the questionaire. I rejected the request to have it heard on the papers. I also asked for it to be in my local court. The judge obliged. So my court hearing is next week at my local court.

    The judge set a deadline for the trial fee and a proper application to be submitted.

    I called the court today and they said the hearing is going ahead. I assume they have complied with the judges request.

    Only yesterday they emailed me to say they wont be attending and have asked tbe judge to consider a verdict based on the papers.

    The landowner is network rail. I have a copy of the title deed and plan.
    Originally posted by nextman
    Hmm, interesting, you must go to court, chances are
    very high Gladstones will not attend and you win by default.

    Or, shortly before they will discontinue to which you get
    confirmation of this.

    Gladstones are wasting a lot of court time recently and
    hopefully they are close to being sanctioned

    Get your costs schedule ready
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 19th Oct 17, 8:31 AM
    • 15,962 Posts
    • 24,774 Thanks
    Umkomaas
    The landowner is network rail. I have a copy of the title deed and plan.
    Make sure you take that with you, although I think if you’re relying on that it must have been shown to the other side before the hearing - ‘ambush’ is not allowed. Hopefully someone with better knowledge of the detailed aspects of the court process will be along to advise, but don’t rely on that as there are very, very few such qualified. Do some of your own research on it meantime.

    Get your costs schedule ready
    I know this must be filed with the court and the claimant’s solicitors at least 24 hours before the hearing.

    How to construct a cost schedule is explained, with a professionally constructed example by LoadsofChildren123 (a qualified lawyer who advises here), to use as a framework for your own.
    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.
    • nextman
    • By nextman 19th Oct 17, 9:47 AM
    • 16 Posts
    • 6 Thanks
    nextman
    "We act for the Claimant.

    In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing on xx.10.2017.

    We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.

    Regards"
    This is the email i received. I will send a cost schedule and the land reg to the court today hopefully. I was ready to give up at the start of the week. Not sure why they have decided not to turn up. I assumed it was because they believe the case is a guaranteed win based on the papers and didnt see the point of travelling
    • Umkomaas
    • By Umkomaas 19th Oct 17, 10:41 AM
    • 15,962 Posts
    • 24,774 Thanks
    Umkomaas
    Not sure why they have decided not to turn up. I assumed it was because they believe the case is a guaranteed win based on the papers and didnt see the point of travelling
    More like exactly the opposite, and they don’t fancy a grilling from the Judge.
    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.
    • Coupon-mad
    • By Coupon-mad 19th Oct 17, 7:20 PM
    • 51,876 Posts
    • 65,518 Thanks
    Coupon-mad
    This is the email i received. I will send a cost schedule and the land reg to the court today hopefully.
    Originally posted by nextman
    And your WS.
    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.

    • nextman
    • By nextman 24th Oct 17, 3:34 PM
    • 16 Posts
    • 6 Thanks
    nextman
    UPDATE: The case was dismissed. They didnt turn up. The judge said the photos of my car were not very useful as they were not time stamped and you couldnt really tell the location. I didnt need to show my land reg or defend myself except to let the judge know I had requested information from the claimant several times before it reached court and they ignored all such requests.

    One problem i have is the judge didnt have my WS or cost schedule. I had a copy of my WS so i handed that to the judge at the hearing. When he dismissed the case i completely forgot to mention the costs schedule.

    Im guessing the ship has sailed on any compensation then?
    • The Deep
    • By The Deep 24th Oct 17, 3:42 PM
    • 7,432 Posts
    • 6,483 Thanks
    The Deep
    Im guessing the ship has sailed on any compensation then?

    If you do not ask you do not get. If it was me I should be seeking CPR27.14.(2)(g) costs, especially if this land was covered by Railway Bye-laws.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 24th Oct 17, 3:45 PM
    • 15,962 Posts
    • 24,774 Thanks
    Umkomaas
    Write to the judge and say that in the confusion caused by their failure to turn up (unreasonable behaviour) you completely overlooked the opportunity to present your cost schedule for his consideration, which is now enclosed, and you ask that he awards the full amount to you.

    If you’re claiming loss of earnings (capped @ £95), it will likely help get that if you send copies of recent wage slips.

    Don’t ask, don’t get! Others have been successful with a post-hearing request - but it needs to be done quickly.
    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.
    • beamerguy
    • By beamerguy 24th Oct 17, 3:56 PM
    • 6,483 Posts
    • 8,316 Thanks
    beamerguy
    UPDATE: The case was dismissed. They didnt turn up. The judge said the photos of my car were not very useful as they were not time stamped and you couldnt really tell the location. I didnt need to show my land reg or defend myself except to let the judge know I had requested information from the claimant several times before it reached court and they ignored all such requests.
    Originally posted by nextman
    Good stuff

    Gladstones .... "The Grand Order of Complete Incompetence"

    Gladstones ... Gladstoned themselves yet again
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nextman
    • By nextman 24th Oct 17, 4:16 PM
    • 16 Posts
    • 6 Thanks
    nextman
    Thanks alot guys. All of you. I was about ready to give up, now I feel like they owe me something instead. I will draft an email to the court this evening. Thanks again.

    Also thank you to Gladstones. Couldn't have done it without their incompetence.
    • beamerguy
    • By beamerguy 24th Oct 17, 5:21 PM
    • 6,483 Posts
    • 8,316 Thanks
    beamerguy
    Also thank you to Gladstones. Couldn't have done it without their incompetence.
    Originally posted by nextman
    Love it nextman
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 24th Oct 17, 6:25 PM
    • 7,432 Posts
    • 6,483 Thanks
    The Deep
    Some reading


    https://www.google.co.uk/search?sourceid=navclient&aq=&oq=CPR27.14&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=cpr27.14%282%29%28g%29&gs_l=hp..1.0 l2.0.0.0.14357...........0.Z-BaZxaZ8bs&gws_rd=ssl
    You never know how far you can go until you go too far.
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