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Looks like I am going to court with Gladstones.

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  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This sounds wrong - ring the court NOW. As hoohoo says, no PCN number is needed.

    Claim number YES.
    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
  • Horrified by all of this. Looking forward to onearmbandit's replies. Did s/he just miss the court date?
    It also seems wrong that s/he got this response to this:
    7) Under CPR 31.2 and 31.14 I request a copy of the contract between link parking & the land owner

    Response: Not relevant

    The govt website is hard to decipher on this, though . It seems to suggest that "knowing of its existence is the same as "disclosure" of its contents. Surely not? - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.2
  • Castle
    Castle Posts: 4,794 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Horrified by all of this. Looking forward to onearmbandit's replies. Did s/he just miss the court date?
    It also seems wrong that s/he got this response to this:



    The govt website is hard to decipher on this, though . It seems to suggest that "knowing of its existence is the same as "disclosure" of its contents. Surely not? - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.2
    CPR31.2 doesn't apply to the Small claims track which might explain the "Not relevant" answer.

    It's possible that there was no acknowledgement of service filed so the OP only had 19 days not 33 to file a defence.
  • Kind_Of_Irritated
    Kind_Of_Irritated Posts: 227 Forumite
    Fifth Anniversary Combo Breaker
    edited 27 January 2017 at 10:20PM
    Really? How is the average person, with no legal training, supposed to know this?
    CPR31.2 doesn't apply to the Small claims track which might explain the "Not relevant" answer.
    And how come s/he could have been late with this?

    It's possible that there was no acknowledgement of service filed so the OP only had 19 days not 33 to file a defence.
    Anyway, I wonder if s/he rang the court today as recommended by Coupon-mad.
  • *Update*

    So, N180 forms were sent & I declined Gladstones offer of a paper hearing.

    I have now just received a 'General form of judgement or order' from the county court of XXXXX

    It says:

    1. It is ordered that the claimant MUST send to the court & to the defendant a fully pleaded particulars of claim setting out
    - what obligation the defendant had to the claimant & why (eg. contract)
    - what actions should the defendant taken or not taken as a result
    - what the defendant is alleged to have done or not done to be in breach of the obligation - giving details
    - what loss has the claimant suffered as a result - the claimant must set out how those losses have been calculated.

    2. If the claim is based upon a contract then pursuant to CPR PD16 paragraph 7 a copy of the contract should be attached to the particulars of claim

    3. The defendant may, if desired send an amended defence

    So, I look forward to link parking & gladstones finally having to do some work rather than their cut & paste robo-machine approach.

    Also - it will be interesting to see how they calculate their losses!! I didn't expect them to be asked to do this as I never actually challenge this due to Beavis!!

    Hope all is well!
  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    Big chunk of the story missing here.

    How did we get from

    I was going to post this today and then, just now, I have seen another letter for me. I opened it - IT IS JUDGEMENT FOR CLAIMANT STATING DEFENDANT TO PAY £254.53!!!!!!!!!!

    I lost!!!!!!!!!


    to

    *Update*

    So, N180 forms were sent & I declined Gladstones offer of a paper hearing.


    What happened in between? Did you get a set-aside or had the courts made a humongous c0ck-up and set aside the judgment themselves?
  • Dave_TH
    Dave_TH Posts: 183 Forumite
    edited 26 March 2017 at 9:57AM
    the court where made to realise they had cocked up so reversed back a couple of stages, (all on Pepipoo)
  • onearmbandit
    onearmbandit Posts: 55 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 26 March 2017 at 11:28AM
    Catfunt - sorry mate. I see I never updated this thread.

    Ok - after my panic attack, I came to realise that the county court had administrated my defence in error - it was delivered to the wrong department which then sent it back to me requiring a PCN number for a defence when no such thing was required for a defence - I did not realise this at the time I received the judgement against me. I thought all was lost!. After realising that this was THEIR error I made many phone calls, faxes etc proving I handed in my defence on time and the error lay with them - I eventually got the judgement against me overturned. After this normal discourse proceeded & I am now at the point where a court has been allocated (no date as yet) pending the requested response from the claimant by my local county court for more detailed particulars & an explanation of their losses as mentioned. Once they do this I am sure a date for court will be set.

    So that is where I am. I do apologise that I never updated this thread.
  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    Thats ok - I'd not seen the Pepipoo thread.

    Good luck with it all!
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    3. The defendant may, if desired send an amended defence

    That's good. It's not Skipton or Manchester court is it? They seem to 'get it' about PPC scam claims now.
    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
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