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  • FIRST POST
    • twiggy95
    • By twiggy95 6th Jun 17, 8:13 PM
    • 4Posts
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    twiggy95
    Received N1 claim form from Private Parking Solutions
    • #1
    • 6th Jun 17, 8:13 PM
    Received N1 claim form from Private Parking Solutions 6th Jun 17 at 8:13 PM
    Hey guys, hope someone can help me. I've read through the NEWBIES thread and done the AOS on the MCOL website. I just need help with the defence part of the claim.

    I received a ticket on my car on Feb 2016 for parking on private land. I didn't see the sign as it was placed high up on a wall and wasn't even illuminated. I wouldn't have parked there if I knew it was private as there were plenty other free bays in the surrounding areas.

    After receiving the fine, I ignored all the letters which came (my mistake) after reading through online posts. I now have a small claim against me and don't have any of the letters which were sent to me or even images of the incident. I called up Private Parking Solutions to try and gain images of the incident and they refused and told me my case had been passed onto Debt Recovery Plus and I should contact them instead.

    Should I just pay the £250 sum or do I still have a case to defend?

    Any help would be much appreciated
Page 1
    • Redx
    • By Redx 6th Jun 17, 9:49 PM
    • 15,170 Posts
    • 19,123 Thanks
    Redx
    • #2
    • 6th Jun 17, 9:49 PM
    • #2
    • 6th Jun 17, 9:49 PM
    you have a case to defend , everyone does

    draft up your own defence based on other defences on here and post it for critique

    so read and digest post #2 of that NEWBIES thread you have read

    and edit your post to remove any hint of who was driving
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 6th Jun 17, 9:57 PM
    • 14,046 Posts
    • 22,064 Thanks
    Umkomaas
    • #3
    • 6th Jun 17, 9:57 PM
    • #3
    • 6th Jun 17, 9:57 PM
    Private Parking Solutions (London) Ltd?

    They've little track record of court claims, 8 last year, 7 so far this year. Hardly serial litigators.

    http://www.bmpa.eu/companydata/Private_Parking_Solutions_London.html

    So concentrate on hitting them with a robust defence and you might just find, like any bully you smack hard on the nose, they might just turn tail and run away.

    But, if not, you can win this. Forum court experts will help you once you've put up your draft defence.
    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.
    • IamEmanresu
    • By IamEmanresu 7th Jun 17, 6:55 AM
    • 1,432 Posts
    • 2,670 Thanks
    IamEmanresu
    • #4
    • 7th Jun 17, 6:55 AM
    • #4
    • 7th Jun 17, 6:55 AM
    Looks like they've handed their back catalogue onto Gladstones to ambulance chase. Usually a sign either they (or Gladstones) are going out of business.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • Johnersh
    • By Johnersh 7th Jun 17, 8:27 AM
    • 313 Posts
    • 539 Thanks
    Johnersh
    • #5
    • 7th Jun 17, 8:27 AM
    • #5
    • 7th Jun 17, 8:27 AM
    I'm still going to object to the term 'ambulance chase' which does the injured (and many of their lawyers) a disservice...

    That said, it is clear that Gladstones issue proceedings in a number of unmeritorious claims without undertaking any review of the evidence and, ostensibly, upon request. It is why the Particulars of Claim are usually so poor.

    Even were you to lose at Court (and there's a good chance it won't come to that) the Court almost certainly will not uphold the inflated £250+ charges now claimed.

    Take a template defence, adapt it for your circumstances, repost possibly using Dropbox to display any lengthy docs) and someone will propose any tweaks ahead of filing the documents at court.

    A note on costs: you, too, can claim costs if successful. Keep a note of letters written and time spent in defending the claim. If successful at a hearing and with a properly costed schedule you will be able to recover a notional value for your time.
    • The Deep
    • By The Deep 7th Jun 17, 8:44 AM
    • 6,849 Posts
    • 5,870 Thanks
    The Deep
    • #6
    • 7th Jun 17, 8:44 AM
    • #6
    • 7th Jun 17, 8:44 AM
    I'm still going to object to the term 'ambulance chase' which does the injured (and many of their lawyers) a disservice...


    It is a perfectly valid expression. Unfortunately, the high incidence of spurious whiplash claims has made it so.
    You never know how far you can go until you go too far.
    • trisontana
    • By trisontana 7th Jun 17, 8:55 AM
    • 8,922 Posts
    • 13,626 Thanks
    trisontana
    • #7
    • 7th Jun 17, 8:55 AM
    • #7
    • 7th Jun 17, 8:55 AM
    I'm still going to object to the term 'ambulance chase' which does the injured (and many of their lawyers) a disservice...


    It is a perfectly valid expression. Unfortunately, the high incidence of spurious whiplash claims has made it so.
    Originally posted by The Deep
    And now the new scam of false foreign holiday hotel claims where the claims-company reps are even waiting outside the hotels to persuade people to make false claims against the hotel for supposed food poisoning and other "wrongs".
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
    • Johnersh
    • By Johnersh 7th Jun 17, 9:24 AM
    • 313 Posts
    • 539 Thanks
    Johnersh
    • #8
    • 7th Jun 17, 9:24 AM
    • #8
    • 7th Jun 17, 9:24 AM
    Fraud does exist in many walks of life, but as I say, it is a disservice to collectively group genuinely injured with those that are engaged in fraud.

    In the same way that it would be unfair to compare parking ticket debt recovery with other forms of debt recovery.

    In any case, best we get back on topic.....
    • IamEmanresu
    • By IamEmanresu 7th Jun 17, 10:30 AM
    • 1,432 Posts
    • 2,670 Thanks
    IamEmanresu
    • #9
    • 7th Jun 17, 10:30 AM
    • #9
    • 7th Jun 17, 10:30 AM
    Whether "ambulance chase" is a pejorative term or not depends not on your knowledge of the wide range of cases that come to the County Court but on your experience of dealing with the specific claims you see coming out of Gladstones.

    So happy to confirm that the qualified legal people both here and at Pepipoo are warmly welcomed as a way of balancing the perceived view that Gladstones are ambulance chasers.

    It is also a matter of court record that Will Hurley (ex-Gladstones) was accused of perversion of the course of justice. Such a case is not taken on lightly by the CPS.

    http://www.winsfordguardian.co.uk/news/9031620.Solicitor_speaks_out_after_court_ordeal/
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • Coupon-mad
    • By Coupon-mad 7th Jun 17, 6:58 PM
    • 48,970 Posts
    • 62,464 Thanks
    Coupon-mad
    And now the new scam of false foreign holiday hotel claims where the claims-company reps are even waiting outside the hotels to persuade people to make false claims against the hotel for supposed food poisoning and other "wrongs".
    Originally posted by trisontana
    Imagine lying to bring a court claim...only absolute scum need apply.
    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.

    • twiggy95
    • By twiggy95 9th Jun 17, 10:06 PM
    • 4 Posts
    • 0 Thanks
    twiggy95
    Hey guys,

    Thanks for the advice but do you know where I can find a template defence as I have never written one before.

    Thanks again
    • Coupon-mad
    • By Coupon-mad 9th Jun 17, 10:16 PM
    • 48,970 Posts
    • 62,464 Thanks
    Coupon-mad
    Well yes, in the NEWBIES thread you will have seen umpteen examples.

    Also I think the BMPA website has a defence template/creator.
    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.

    • Umkomaas
    • By Umkomaas 9th Jun 17, 10:18 PM
    • 14,046 Posts
    • 22,064 Thanks
    Umkomaas
    Hey guys,

    Thanks for the advice but do you know where I can find a template defence as I have never written one before.

    Thanks again
    Originally posted by twiggy95
    Start by reading the NEWBIES FAQ sticky, post #2 where there will be links to successful defences that you can learn from.

    There's no such thing as a 'template defence'. You're into legal territory, and I for one wouldn't want to rely on a template that I didn't write, or didn't understand, as I would potentially need to argue it, with knowledge and confidence, against a 'legal' from the claimant, and in front of a 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.
    • twiggy95
    • By twiggy95 19th Jun 17, 1:31 PM
    • 4 Posts
    • 0 Thanks
    twiggy95
    Hey guys,

    So I submitted my defence on the MCOL website. It was pretty rushed as I left it quite late. I received an email from the solicitors who are dealing on behalf of the claimant, which is as follows:

    'We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

    Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


    Yours sincerely'

    Should I offer a small settlement or would this be advised against. Thanks for your help.
    • beamerguy
    • By beamerguy 19th Jun 17, 2:09 PM
    • 5,660 Posts
    • 7,310 Thanks
    beamerguy
    Hey guys,

    So I submitted my defence on the MCOL website. It was pretty rushed as I left it quite late. I received an email from the solicitors who are dealing on behalf of the claimant, which is as follows:

    'We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

    Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


    Yours sincerely'

    Should I offer a small settlement or would this be advised against. Thanks for your help.
    Originally posted by twiggy95
    NO PAPER HEARING, YOU NEED FACE TO FACE WITH A JUDGE

    It's only beneficial to Gladstones that it's heard on papers

    The simple fact is that probably Gladstones are now unsure if they will win and may have costs awarded against them.

    Gladstones keep getting whooped in court because of their incompetence
    The courts are fully aware of the Gladstones time wasting cases

    Have your day in court with a good defence.
    It is highly possible that they will discontinue
    Last edited by beamerguy; 19-06-2017 at 2:11 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • twiggy95
    • By twiggy95 19th Jun 17, 2:18 PM
    • 4 Posts
    • 0 Thanks
    twiggy95
    Thanks for the advice. How do I make sure its a face to face hearing?
    • Redx
    • By Redx 19th Jun 17, 4:24 PM
    • 15,170 Posts
    • 19,123 Thanks
    Redx
    by reading the advice by BARGEPOLE in the NEWBIES sticky thread post #2

    which I did tell you to do earlier in the thread

    I also told you to edit post #1 and remove any hint of who was driving

    you really DO need to do what members are telling you to do if you want to beat this sc@m !!!

    take heed , please
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 19th Jun 17, 6:18 PM
    • 48,970 Posts
    • 62,464 Thanks
    Coupon-mad
    Thanks for the advice. How do I make sure its a face to face hearing?
    Originally posted by twiggy95
    Search the forum for 'Gladstones paper hearing N159' and read all the cases where people have already been there, done that. Such as:

    Jack Basta

    Gin and Milk
    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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