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  • FIRST POST
    • MrsG2711.
    • By MrsG2711. 14th Jul 17, 10:32 AM
    • 10Posts
    • 10Thanks
    MrsG2711.
    Claim form-county court business centre
    • #1
    • 14th Jul 17, 10:32 AM
    Claim form-county court business centre 14th Jul 17 at 10:32 AM
    I have received a claim letter via Gladstone solicitors on behalf of uk car park management.

    So far I have ignored all correspondence, I have done this as the pcn (invoice) was received in a residential car park where no revenue is being generated. Everyone I know who has received these invoices have ignored them but now I am unsure as to whether I should respond. I don't see how I can be fined if no revenue is being lost.

    I am thinking of just ignoring this letter too as this is simply a processing centre and their letters look like copies of an original

    Any advice welcome
Page 8
    • Coupon-mad
    • By Coupon-mad 13th Jan 18, 12:04 AM
    • 52,923 Posts
    • 66,467 Thanks
    Coupon-mad
    Shame (good that no costs were awarded!). Not unexpected due to what we discussed here, unfortunately:

    Originally Posted by Lisamrie
    3 months after the SAR, the housing have now provided signed t&cs from the tenant. The tenant did not recall signing these and they were not on her file. This obviously changes how I go about my case and I now have a chance to add to it as I emailed the court.

    The letter/circular from the PC sent to tenants regarding enforcement and issuing of PCNs was nearly a year after the signed T&Cs which were quite generic saying that the tenant had to comply with any parking company rules if in place. The rules at the time of the new T&Cs did not include enforcement and Ticket to be issued. Am I right is assuming the PC cannot make such changes without a process.
    You can argue that no contract was formed to pay £100 for parking, because the tenants already enjoyed that right and no adequate notice of same was provided that the tenant signed, so there was no variation of contract.
    To which I replied:

    ''The difficulty might be the bit in bold above...personally I would avoid putting that page of the original tenancy agreement into evidence and use other ways of proving the tenancy started on xx/xx/xx, then show the circular, which you should describe as no more than a newsletter and not something that the tenant recalls being delivered to all residents''.
    How did an Elms Legal agent escape your preliminary evidence about Rights of Audience?

    Elms Legal don't have RoA.
    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.

    • MrsG2711
    • By MrsG2711 13th Jan 18, 9:28 AM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    The judge did not let the agent answer some questions due to right of audience that I had pointed out but accepted him being there. The elms agent seemed at home, obviously he attends many cases.

    On reflection I think the judge had made up his mind pretty soon but used my point about breach of the order to get some balance and not award all costs.

    I was thinking of leaving out the t&cs but thought I would get my point across as the housing were definitely liaising with gladstone’s and I think that was their silver bullet that’s why they tried to not bring them forward at SAR.

    I feel I have learned a lot from the experience and have a better understanding of how it all works in the courts, I just hope I won’t have to do it again.
    • Umkomaas
    • By Umkomaas 13th Jan 18, 10:31 AM
    • 16,398 Posts
    • 25,502 Thanks
    Umkomaas
    @Mrs G. Sorry this didn’t work out for you. It must be so frustrating.

    Best wishes for the future. Meanwhile we continue the campaign ....... I think every loss sees me more determined.
    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.
    • MrsG2711
    • By MrsG2711 13th Jan 18, 5:57 PM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    ....... ‘I think every loss sees me more determined.’

    Umkomaas
    Your determination is great. You people on here give confidence to us defendants. I feel I put up a fight, they didn’t get everything from me. This forum is fantastic.
    • Coupon-mad
    • By Coupon-mad 13th Jan 18, 5:59 PM
    • 52,923 Posts
    • 66,467 Thanks
    Coupon-mad
    Unless I have misunderstood, you included the silver bullet the other side needed; I did clearly say to leave it out. That was a bomb, you should not have handed it to them as it blew up in your face.

    Oh well. At least they didn't get costs.

    What are you/the tenant going to do, going forward, bearing in mind the Judge said:

    The judge did say the tenant had a valid grievance case against the housing due to the ambiguous wording of the new t&cs that she signed. He also agreed that they had breached their CoP but obviously it want enough.
    She has a valid grievance against the Housing Dept, why not take that up in a formal way if it's a HA:

    https://www.gov.uk/housing-association-homes/complaints
    Last edited by Coupon-mad; 13-01-2018 at 6:02 PM.
    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.

    • MrsG2711
    • By MrsG2711 13th Jan 18, 8:06 PM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    Coupon mad
    I believe the HA handed the amended t&cs to the solicitor before giving them to the tenant.

    I think she will write to her local MP as she had written before and got a response regarding the safety around her flat.

    The HA should have informed her that they were planning on introducing the PPC and the parking charge. She was clearly duped into signing and they did not give her a chance of consultation.

    We are not finished with this yet.
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