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  • FIRST POST
    • Hugo24
    • By Hugo24 5th Oct 17, 11:49 AM
    • 3Posts
    • 0Thanks
    Hugo24
    Small Claim stage
    • #1
    • 5th Oct 17, 11:49 AM
    Small Claim stage 5th Oct 17 at 11:49 AM
    1) Previously taken the militant approach. I have ignored and thrown away letters from the parking company. I have now been faced with a court letter.

    2) The letter received from the courts requested I respond online via MCOL
    This was may response:

    I disputed the full amount

    My defence was :
    I left a message in my window explaining I was an agency nurse
    working in the critical care department covering an emergency
    shift. I received no enquiry whilst working to question this
    message or dispute it as a valid reason for parking there.
    I attempted to park in the staff parking but the barrier was down
    and no intercom/number was available to gain access.
    No parking near the hospital grounds was accessible. I had no
    choice but to park in the hospital grounds.
    I was being employed by the hospital at the time this parking
    charge notice was issued and feel this penalty is extravagant and
    unconscionable.

    I left the counterclaim section blank and signed the document

    3) I received acknowledgement of receipt from the HM Courts and Tribunals saying the claimant may contact me to resolve the issue. Advised that if claimant had not contacted the courts in 28 days the claim will be stayed.

    4) 49 days later I receive a letter from Gladstones Solicitors saying they wish to proceed with the claim. Enclosed a completed Directions Questionnaire. They wish to request a special direction to deal with the claim on paper without the need of a oral hearing. In their opinion its straightforward, the costs for a oral hearing are disproportionate and they trust I agree.

    The claimant has elected not to mediate, saying they have found mediation is rarely beneficial. Finally ending that their client would be happy to listen to any genuine payment proposals I but forward.

    Enclosed is a Directions Questionnaire (Small Claims Track) completed by Gemini Parking Solutions.

    Enclosed is a N159 - Notice of Allocation to the Small Claims Track (no hearing) they wish me to complete. The top half of this form is not completed by the courts, it is blank.

    WHAT DO I DO?
    Is it too late to follow the advice in your thread and appeal to BPA and POPLA?
    I live in England and I own the car. It is not a lease or company car.
Page 1
    • Browntoa
    • By Browntoa 5th Oct 17, 11:51 AM
    • 31,942 Posts
    • 37,677 Thanks
    Browntoa
    • #2
    • 5th Oct 17, 11:51 AM
    • #2
    • 5th Oct 17, 11:51 AM
    have you read all the Newbies thread yet ??
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • Quentin
    • By Quentin 5th Oct 17, 11:55 AM
    • 33,482 Posts
    • 17,361 Thanks
    Quentin
    • #3
    • 5th Oct 17, 11:55 AM
    • #3
    • 5th Oct 17, 11:55 AM
    Everyone is politely advised to read that thread first before starting a new thread


    All your questions are answered there.

    You need to get up to speed on court claims!! Also covered in the FAQ
    • Hugo24
    • By Hugo24 5th Oct 17, 12:00 PM
    • 3 Posts
    • 0 Thanks
    Hugo24
    • #4
    • 5th Oct 17, 12:00 PM
    • #4
    • 5th Oct 17, 12:00 PM
    Not all of it, Im not sure I could send the letters posted in thread #2 since I haven't followed the thread #1 advice
    • Quentin
    • By Quentin 5th Oct 17, 12:06 PM
    • 33,482 Posts
    • 17,361 Thanks
    Quentin
    • #5
    • 5th Oct 17, 12:06 PM
    • #5
    • 5th Oct 17, 12:06 PM
    Yes you are too late to appeal


    Hence the advice to get up to speed on court process


    (Don't be sending that form back to Gladstones you mention in your point 4!)
    • Hugo24
    • By Hugo24 5th Oct 17, 12:09 PM
    • 3 Posts
    • 0 Thanks
    Hugo24
    • #6
    • 5th Oct 17, 12:09 PM
    • #6
    • 5th Oct 17, 12:09 PM
    Thanks I'll keep reading
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