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  • FIRST POST
    • Jhpt
    • By Jhpt 17th Aug 17, 5:14 PM
    • 73Posts
    • 28Thanks
    Jhpt
    So I'm going to court...
    • #1
    • 17th Aug 17, 5:14 PM
    So I'm going to court... 17th Aug 17 at 5:14 PM
    So looks like I'm one of the chosen few who make it all the way through to court..

    Looking for any input please! I've read through the forums but would really appreciate any help anybody can offer.

    To give you a timeline of events;

    - Ticketed on 8/1/17 in my residents car park (2 spaces as part of my monthly rental agreement) as my pass had slipped from my dashboard
    I stupidly believed they'd waive the ticket if presented with evidence of my right to park - I wrote to them (giving them my address.. DOH!) with a photocopy of my residents parking permit. Received a letter stating that I hadn't displayed my pass and was therefore not exempt from paying a fine (£60 rising to £100) I responded stating I would NOT be paying and any further correspondence was to be through my lawyer
    - 20/2/17 first letter now stating I owed £100
    - 5/4/17 letter from "Debt Recovery Plus Ltd (DRP)" stating a charge of £149.00 now owed (no reasoning for the 49 increase)
    - 20/4/17 2nd letter from DRP re-iterating £149.00 owed "If you haven't paid in full or made arrangements to pay by 4/5/17 we'll pass your file to our client with a recommendation that they take court action against you"
    - 05/5/17 3rd letter from DRP now stating a final settlement offer of £126.65 - no explanation of exactly how they've calculated this. "If you haven't paid the reduced amount by 19/5/17, our client will withdraw the offer. This means the amount due will go back to the full amount of £149.00.."
    - 5/6/17 1st letter from Gladstones Solicitors claiming £149
    - 25/7/17 2nd letter from Gladstones solicitors claiming £160 - no explanation included as to the rise of £11.
    - 17/8/17 TODAY receive a letter from the court (dated 14/8/17) to let me know I was being taken to court for £241.53 (166.53 + 25 court fee + 50 legal representatives)

    Now my reasons why I feel this ticket is unfair;
    1) As part of my tenancy agreement I have a right to park in two parking spaces
    2) The signage displayed states the parking company are a member of the BPA (They are NOT - they are IPC) - confusing myself as to whether they are a genuine company (my search of the BPA website showed nothing...) and of course confusing my decision of who to appeal the ticket too..
    3) This is a residents car park, managed to my knowledge by the residents association - do THEY have the right to ticket on their behalf or do they need written permission from the land owner?
    4) The way the fees have been increased 60-100-149-126.65-149-160 is confusing and has left me failing to understand the ongoing process
    5) I communicated I would only discuss correspondence further through my solicitors - they have failed to do so.

    Any advice here guys? Thanks so much in advance!
    Last edited by Jhpt; 17-08-2017 at 5:22 PM.
Page 8
    • Coupon-mad
    • By Coupon-mad 18th Dec 17, 5:29 PM
    • 52,881 Posts
    • 66,407 Thanks
    Coupon-mad
    Yes, when you list it like that - exactly what you need to set out for the Court. Give it a go!
    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.

    • Jhpt
    • By Jhpt 18th Dec 17, 5:34 PM
    • 73 Posts
    • 28 Thanks
    Jhpt
    Yes, when you list it like that - exactly what you need to set out for the Court. Give it a go!
    Originally posted by Coupon-mad
    https://www.dropbox.com/s/bqofwvs47h4v6kh/GLADSTONES%20AGAIN%20FAIL%20TO%20PROVIDE%20WSSS.do cx?dl=0

    That's not TOO much detail is it?!
    • Jhpt
    • By Jhpt 18th Dec 17, 5:51 PM
    • 73 Posts
    • 28 Thanks
    Jhpt
    Please find my updated costs schedule attached below;

    https://www.dropbox.com/s/0cxchkfceh98qbb/COSTS%20SCHEDULE.docx?dl=0

    (Please ignore total as so far I have not counted the £120 lost from not being able to service 2 appointments)
    • Jhpt
    • By Jhpt 20th Dec 17, 8:59 PM
    • 73 Posts
    • 28 Thanks
    Jhpt
    Hello all

    On a slightly different note, and more out of interest, just reading the Claimants (late) witness statement here... Signed by someone we shall call Miss X.

    Checking Gladstones out on the SRA website, they have 6 solicitors listed, if which Miss X is not one of them.

    Can I also write to the court again complaining about this? How am I meant to place any trust in this WS if I'm not sure it was completed by a) member of the company or b) a solicitor..

    They've also signed the Directions Questionnaire as GS...
    • Jhpt
    • By Jhpt 20th Dec 17, 9:00 PM
    • 73 Posts
    • 28 Thanks
    Jhpt
    Dammit I'm on my phone so can't edit it - just realized the WS is signed by a Miss X from the PPC, not Gladstones... Please disregard my last post.

    But in that note, if Miss X is not present in court and doesn't give 7 days notice that's also in my favour?
    • Coupon-mad
    • By Coupon-mad 21st Dec 17, 1:30 AM
    • 52,881 Posts
    • 66,407 Thanks
    Coupon-mad
    Yes it is, plus whoever does rock up might just be a hired gun from a law firm (non-solicitors) like Elms Legal, and so you need to be ready with the case law & Law Gazette article as a preliminary matter to challenge their Right of Audience at the outset.
    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.

    • Loadsofchildren123
    • By Loadsofchildren123 21st Dec 17, 2:08 PM
    • 1,879 Posts
    • 3,069 Thanks
    Loadsofchildren123
    to answer your original point in #144, I don't think it had any teeth - in a law firm you might have a legal executive, or a paralegal, or a trainee, who won't be listed as a solicitor but who will do things like WSs and there'd be nothing wrong in that.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • nosferatu1001
    • By nosferatu1001 21st Dec 17, 7:21 PM
    • 1,540 Posts
    • 1,690 Thanks
    nosferatu1001
    But if they’re from the ppc, they really should be present. You make a stink that a ws was written by someone not even present at the site, and they’re also not their. How much faith can be placed I. It? Obv you have also picked out assumptions that aren’t proven (id of driver, for example) to show its unreliable to begin with.
    • IamEmanresu
    • By IamEmanresu 5th Jan 18, 3:56 PM
    • 1,944 Posts
    • 3,432 Thanks
    IamEmanresu
    How did it go?
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
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