County court letter for PCN

Coupon-mad

Phoebe311 wrote: »

hi coupon

What about the fact that they did not meet the deadline with the service of their documents. I know if I was 2 days late they would have requested a judgement in their favour. So I now just sit and hope that the judge reads their response and sees the gaping holes and throws this out? I still don't have enough information from them to enable me to put together a full defence which is worrying as i see from other threads they produce evidence last minute and leave no time for a proper full defence to enable me to rely on all the facts for my future witness statement.

If they respond and the order is unstayed then you will get a hearing date and so it is imperative that is local to you, that's your priority to prove you are just an individual, not a company (DVLA error). And push for the case to be transferred for a local hearing.

You could then state that the evidence was never sent to you at all/sent very late. You could say this in a skeleton argument submitted before the new hearing date, or send a letter to the local court as a heads up and saying how distressed you are to be treated this way by a court-experienced firm of solicitors.

Or say it at the hearing.

Phoebe311

Hi guys

On 9th may the judge ordered gladstones to pay trial fee of £25 or file a properly completed application by 1st June or the claim would be struck out. I heard nothing from either the court or gladstones then on 17th June received full papers addressed to me instead of showing the company as the defendant I then began put my response together then realised that this needs to be done 14 days before the court date of 29th June (tomorrow). Clearly gladstones sent this on the very last day to prevent providing me details for a defence, surely this is not allowed, I telephoned the Court who advised I email the judge which I have done but I haven't heard anything so I am preparing to go to court tomorrow. There seems to be so many flaws in this case but I'm not sure what to concentrate on

Phoebe311

hi I have just got back from Court and I won ��

Coupon-mad

Phoebe311 wrote: »

hi I have just got back from Court and I won ��

Yay! :T:T:T

'Court report' please, how did it feel from this morning onwards and what did you win on?!

Phoebe311

the judge was definitely not on my side. He asked why I hadn't filed my papers 14 days before the Court date. To be honest I had hastily read the order from the 9th and didn't notice the line about the Court date and thought when I hadn't heard anything by 1st that they had missed the deadline. I only re-read it when I received there witness statement, agreement, photographs etc 2 weeks ago today which I have been requesting for months.

Despite the fact that I previously wrote to the parking operator telling them that I had a pre-paid parking scratch card and asking them to provide photos of my vehicle which they ignored the judge seemed to agree with them. The judge didn't believe that I wasn't aware that papers had to be served 14 days before due to my professional and comprehensive defence!! Which was purely down to research on the forums by yourselves and I still didn't really totally understand the process. I was losing until I noted to the judge that the land owner agreement supplied by the claimant was written and dated some time after the event. On this technicality the judge found in my favour and awarded me expenses for my petrol.

They also provided photographs of signs from a distance which were actually in the neighbouring property and nothing to do with the car park but this was also disregarded.

The judge was also satisfied that they had added extra charges. The original ticket was 100 reduced to 60 but they added an extra 50 totallying 160 which I didn't think was allowed.

Well alls well that ends well but I think it was by the skin of my teeth!!

Coupon-mad

C4GF1V1R, I assume?

Judge sounds clueless about PPC scams. He needs educating.

A win is a win - WELL DONE!

If you'd come back to ask we'd have helped you at WS stage to make sure you would have met your '14 days before' deadline. Never mind now though! YOU WON, CELEBRATE!

Redx

Phoebe311 wrote: »

The judge was also satisfied that they had added extra charges. The original ticket was 100 reduced to 60 but they added an extra 50 totallying 160 which I didn't think was allowed.

they can add the court fees and filing fee so typically around £175 all in if you had lost and if the £100 was payable plus the court fees etc

so yes , £160 is about right if you had lost

either way , a win is a win so well done

you should be complaining to the gym or landholder too

as for GEMINI , if they cannot get their own paperwork in order as a "professional" company then more grist for the mill when they try these sc@ms on

and GLADSTONES are a joke anyway

Phoebe311

Yes that's the one coupon. Thank you so much for your help all of you. Without you guys I would never have even thought about the landowner agreement. Or to have asked them to provide it. I will be complaining to the gym and also to dvla.

System

Who was the rep for the parking company - was he a short guy with a grey beard?

Phoebe311

Sounds like him ....Johnstone i think