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Northampton Court Claim arrived (MCOL)

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  • Any update Jackbasta?
    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.
  • JackBasta
    JackBasta Posts: 112 Forumite
    No. Still haven't received anything from Gladstones. And nothing from the court.

    It's been a week since I emailed the court and 2 weeks since the deadline for submitting their WS has passed.

    I've just tried ringing the court again, but told by a machine to phone back later.

    I'll try later.
  • JackBasta
    JackBasta Posts: 112 Forumite
    edited 11 April 2017 at 12:34PM
    Got through to the court. The person said they were weeks behind on filing their backlog of witness statements. However she then quickly looked though the backlog and said that there had been no WS sent from Gladstones.

    I asked her what I could do, and she said to email the court. I told her I did a this week ago, and she told me that they also have a backlog of emails and that was a "different work stream".

    So she's put a note in my file that 2 weeks past the deadline, I, or the court, have not received a WS from the claimant, and I've emailed and phoned twice.

    Is it worth me emailing Gladstones to see if they're still proceeding?

    Amazing how behind the courts are. It's almost as if they're being overloaded with ridiculous cases from somewhere.
  • Umkomaas
    Umkomaas Posts: 43,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Amazing how behind the courts are. It's almost as if they're being overloaded with ridiculous cases from somewhere.

    Well there's 45 cases today alone - and that's not unusual.

    COURT CASES FOR 11-04-2017

    Court Claim Number Claimant Comments
    Bedford C0FC00W4 ParkingEye Set Aside
    Birmingham C6GF28FE Euro Parking Services
    Birmingham C7GF0T3C Euro Parking Services
    Birmingham C9GF7N9A Euro Parking Services
    Birmingham C0GF0P4T Parking And Property Management
    Birmingham C4GF2N4A Parking And Property Management
    Birmingham C6GF5N9C SIP Parking
    Birmingham C6GF7N5A SIP Parking
    Birmingham C0DP5H9V Vehicle Control Services
    Birmingham C2DP1H8C Vehicle Control Services
    Brentford C9HW5T6C UK Parking Control
    Burnley C7FC1M6N ParkingEye
    Burnley C5QZ3T1X PCN (NW)
    Chester C9FC7G0W ParkingEye
    Clerkenwell C4FC1Q5D ParkingEye
    Derby C3FC5Q3D/2 ParkingEye Set Aside
    Derby C0QZ4Z8K Vehicle Control Services Set Aside
    Huddersfield C1GF8N6Z ES Parking Enforcement
    Huddersfield C2GF8R4Q Euro Parking Services
    Kingston upon Thames D4GF8098 District Enforcement Set Aside
    Liverpool C1QZ4Y69/2 Vehicle Control Services Set Aside
    Manchester C0GF6V21/2 ES Parking Enforcement Post Set Aside
    Manchester C3GF55Y8/2 ES Parking Enforcement From 23-12-2016
    Manchester CGF4C83 ES Parking Enforcement
    Manchester C8QZ8E1T/2 Excel Parking Services From 09-02-2017
    Manchester C9DP52CY Excel Parking Services
    Manchester C3Q1W7R MIL Collections
    Manchester C7FC1N77/2 ParkingEye Post Set Aside
    Manchester C0GF3W4J SIP Parking
    Manchester C2GF0F4N SIP Parking
    Manchester C2GF7N2C/2 SIP Parking From 01-02-2017
    Mansfield C4GF1N6Z/2 SIP Parking From 28-03-2017
    Milton Keynes C5GF0J8K Park Direct UK
    Reading C8HW2E9Q/2 Uk Parking Control Set Aside
    Romford C4HW3M20/2 UK Parking Control Set Aside
    Skipton C7DP58CC Excel Parking Services
    Slough C7GF4A6J Parking Control Management (UK) Paper Hearing
    Slough C9HW0A6X UK Parking Control Set Aside
    Stockport C5QZ7H1K Excel Parking Services Set Aside
    Telford C8GF5C22 Euro Parking Services
    Telford C6GF92V3 Euro Parking Services
    Tunbridge Wells D4GF8575 AM Parking Services
    Walsall C5GF0Y8N Euro Parking Services Set Aside
    Willesden C5FC4G6X ParkingEye
    Woolwich C3GM8N76/2 Civil Enforcement Set Aside
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Look at all the waste of court time set asides. IMHO this industry needs banning from the court process and shutting down.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Coupon-mad wrote: »
    Look at all the waste of court time set asides. IMHO this industry needs banning from the court process and shutting down.

    If only!

    Something definitely needs to be done about all the dodgy CCJs that are being issued. They can potentially ruin someone's life.

    The fact some poor soul could get landed with one without any knowledge of it and without ever having done anything wrong is sickening.

    A person working in the financial sector could be subject to disciplinary action or even dismissal of they have a CCJ :mad:
  • I don't think it's worth you chasing. Not until much nearer the time, when their lateness will matter. ATM they aren't late enough for it to matter (yes they are out of time according to the order, but the reality is that the judge won't care unless the lateness is so extreme that it has prejudiced you).
    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.
  • JackBasta
    JackBasta Posts: 112 Forumite
    Exactly 4 weeks to the day since the judges "deadline" passed. Still another month to go before the hearing.

    The WS is from India Beavan - Linked In tells me she is local to me. She's Millennium's head of legal. So I guess she will be in court, not anyone from Gladstone's.

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  • JackBasta
    JackBasta Posts: 112 Forumite
    Couple of things jump out at me immediately.

    1. The WS doesn't mention POFA, whereas the defence did. It seems that they are saying that I have failed to provide evidence I WASN'T driving!

    2. The contract between MPS and their client (the landowner?) is dated 01/01/2015. That's nearly 3 years after the parking event.

    3. I've never seen such a ridiculous range in charge information. The sign says £100. The court claim was for £125 plus other charges. The zatpark page they have included says £75. The outstanding amount on the PCS Parking Charge Notice is £150. Which amount do they want me to pay?

    4. Never seen that Parking charge notice from PCS before. Firstly, it it's for an amount bigger than the court claim. Second, it says IPC at the bottom when MPS were BPA at the time. Third, the date that letter was sent bears no relevance to any item in the zatpark status log.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    JackBasta wrote: »
    Couple of things jump out at me immediately.

    1. The WS doesn't mention POFA, whereas the defence did. It seems that they are saying that I have failed to provide evidence I WASN'T driving!

    Burden of proof lies with the claimant to prove their case.
    2. The contract between MPS and their client (the landowner?) is dated 01/01/2015. That's nearly 3 years after the parking event.
    So the contract provided has no relevance in this case. It should be ignored and the case should proceed on the basis that the claimant has failed to produce a valid contract. You will submit that this is because they didn't have one, thus pushing the 'no locus standi' argument
    3. I've never seen such a ridiculous range in charge information. The sign says £100. The court claim was for £125 plus other charges. The zatpark page they have included says £75. The outstanding amount on the PCS Parking Charge Notice is £150. Which amount do they want me to pay?
    Yep, you include all that in your SA. Shows how unreasonably the have acted and attacks their credibility
    4. Never seen that Parking charge notice from PCS before. Firstly, it it's for an amount bigger than the court claim. Second, it says IPC at the bottom when MPS were BPA at the time. Third, the date that letter was sent bears no relevance to any item in the zatpark status log.
    As above, and you use this to say they are producing fake documents to support their baseless claim, which is contempt of court.

    Also the pic of the parking sign is not time/date stamped. This breaches the CoP and means it cannot be used as evidence of signage in place at the material time. Again you will say they are producing a fake document to support their case and they are doing this either because there was no signage in place at the time of the signage was so deficient that it would be damaging to their case i.e incapable of forming a contract.

    It's a terrible attempt at a court bundle - Will be interesting to see what Loadsof Children makes of it given her experience of dealing with MPS
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