County Court Claim Form - PCM at Heath Parade - NW9

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
108 replies 11.3K views
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  • RedxRedx Forumite
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    same advice as post #9 , where he SPECIFICALLY covers this point

    doesnt look like you are reading and digesting the bargepole advice at all !!

    ignore him at your peril
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Actually I HAVE indeed read and it doesn't address what to do when you have already sent your DQ:

    "Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”."

    Now, any answer to my question? Do I send another letter or call or what?
  • edited 5 February 2017 at 8:42PM
    RedxRedx Forumite
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    edited 5 February 2017 at 8:42PM
    if it has already been written into the DQ, then why would you do it yet again ?

    I told you to follow the bargepole advice 2 weeks ago

    this was why bargepole wrote what he wrote , its a pre-emptive strike

    and why did you not mention that it had already been done in your post #8 ?

    surely giving all the facts will help you to get better replies ?

    if you wish to do it twice then yes you would write to the court with all your references etc , but as its already on your DQ I dont see what your problem is ?

    ie:- its already been done , because we all knew what would come in the post at some point

    so up to now you are asking questions that have already been covered by the bargepole thread, which is WHY he wrote it and is also why we point you back at it !!!

    However , if it HAS NOT BEEN DONE (because you have not followed the instructions written by bargepole) , then you would write to the court and oppose it (due to its late delivery) , but if you had read the bargepole thread you would have anticipated this scenario and wrote it in the DQ anyway so that it does not have to be done later

    no idea why you think that "phoning them" will do you any good

    I have never known a phone call solve an issue like this, it has to be done "on paper" , added to the file by the court , so IN WRITING , to the court , adding all references and personal details etc and asking for it to be added to the file and to get an acknowledgement when done
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Okay great! Thanks for your speedy reply - I'll wait to hear court dates!!!
  • Hi all!

    I was away on for work so that explains to radio silence.
    So, I came back last night to find a letter stipulating the following:

    IT IS ORDERED THAT
    Case is transferred to County Court Clerkenwell & Shoreditch
    The Gee Street Courthouse
    29-41 Gee Street
    London
    WC1V 3RE

    This order has been made by the court of it's own motion under the case management powers set out in Part 3 of the Civil Procedure Rules 1998. Any party affected by the order may apply under rule 3.3 (5) to have it set aside, varied or stayed provided that any such application is made to the court no more than seven days after the date on which this order was served on that party

    The date was 15th February.

    What I want to understand is:
    What "set aside, varied or stayed" means, and which I would want
    What the transfer means for me (before it was at Barnet)
    Why you reckon it got transferred in the first place
    Why I haven't received a court date yet

    Do let me know, as I believe by their timings I have until tomorrow to respond?

    Thanks so much!

    S
  • Coupon-madCoupon-mad
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    Search the forum for the word Clerkenwell as this has been covered this week.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Great - thanks for the heads up

    So I'll continue to wait for a court date
  • I am a senior litigation solicitor and I also got caught stopping to make a phone call. The court directions you have are very easy to understand. The court is saying that the file has been transferred to Shoreditch. Barnet county court just do family and childcare nowadays. One of the District Judges there does some civil but that's why your case has been transferred. The notice you received from the court asks whether you object to it being transferred with a view to having an oral hearing at which you will attend. I don't suppose you do object or you wouldn't have sued in the first place. I wonder who will give evidence for them. Perhaps nobody? Let me know how you get on. I will do the same as you did.
  • edited 5 March 2017 at 12:52AM
    pappa_golfpappa_golf Forumite
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    edited 5 March 2017 at 12:52AM
    Warreng wrote: »
    I am a senior litigation solicitor and I also got caught stopping to make a phone call. The court directions you have are very easy to understand. The court is saying that the file has been transferred to Shoreditch. Barnet county court just do family and childcare nowadays. One of the District Judges there does some civil but that's why your case has been transferred. The notice you received from the court asks whether you object to it being transferred with a view to having an oral hearing at which you will attend. I don't suppose you do object or you wouldn't have sued in the first place. I wonder who will give evidence for them. Perhaps nobody? Let me know how you get on. I will do the same as you did.

    BW legal
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    and many other pondlife that will show up for peanuts

    http://parking-prankster.blogspot.co.uk/2017/02/chopping-down-diseased-elms-excel-waste.html



    read: http://parking-prankster.blogspot.co.uk/search?q=Heath+Parade+
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  • Thank you pappa golf and Warreng

    Just so I'm clear then, in the parking prankster post you shared (the first one) - the case was struck out because the claimant's representation was no where a part of the process until the court date?

    On another note - I have a date! 31st May. I'll be gathering my evidence

    In my defence, I state that the car had breaking issues so was out of my control not to, quote, 'stop'. I have a letter from the car manufacturer stating my car at the time was still due for its safety recall (letter is dated after the alleged offence). Having only been the owner of the car since March last year, it was news to me but made complete sense as to why the car was misbehaving. So anyway, I'm using that as evidence.

    I also argue that no contract was formed as I was not given a reasonable grace period and poor signage. I imagine a photo of the signage at the level of the car is appropriate as evidence?

    Thanks for all your help by the way, really nice to have people's supprt!!
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