Urgent help! Gladstones letter before claim

TW2011

Finally received replies from the BPA and NCP and what they are both saying is since the registered keeper did not give the drivers details within 28 days the registered keeper is liable (never read that in the BPA cop).... So why are they taking the driver to court? So if NCP are admitting that the driver is now not liable what case do they have? And surely they can't take the keeper to court either as its been admitted that someone else was driving. What a shambles

Coupon-mad

I am not surprised, NCP clearly have no clue what's going on, so sit tight and wait. If your defence is filed now, then the next thing would be Gladstones sending you the usual misleading N159 draft form suggesting what a jolly wheeze it would be to have the claim heard on the papers.

Now, if you are saying that your wife WILL NOT turn up to any court hearing, then in fact the N159 route is worth considering in this case. Point being, she's never had any PCN (by post or otherwise) so can't be liable for parking charges she knew nothing about and could not appeal. Breach of the BPA Code of Practice, certainly, and an unfair business practice.

Her case, on paper alone, is a good one and if she will NOT appear at a hearing then you need to talk through the (rare) idea that a paper hearing in this case will be worth considering.

Also, while waiting for Witness Statement stage (where she must respond to the court can attach evidence) can you get a photo of the entrance sign? I am hoping it's one that talks about Railway Byelaws, and if so, then the WS can also point out that the site is covered by statutory control and as such, cannot be run as if it were private land - there should have been a penalty charge if there was a parking contravention on byelaws land. And that would have been the remit of the Train Operator or British Rail, and they had six months to lay the matter before magistrates.

Time is up, it's not possible after that for a private firm to chase a dead horse, and describe it as a donkey!

You may want to read through the many FOI requests made by R Bostock:

https://www.whatdotheyknow.com/user/r_bostock

e.g. - this one is a belter:

https://www.whatdotheyknow.com/request/enforcement_of_railway_byelaw_14

https://www.whatdotheyknow.com/request/discussions_with_british_parking_2#incoming-994048

http://www.britishparking.co.uk/press-releases/government-must-find-solution-to-railway-byelaws-to-prevent-pcn-backlog

And read this:

http://parking-prankster.blogspot.co.uk/2016/12/railway-byelaw-fiaso-warming-up.html

https://www.thetimes.co.uk/edition/news/railway-parking-fines-could-be-written-off-vz5gcqk2s

TW2011

Defence has been filed and received the N159, are we supposed to reply to this or does that mean that we are now waiting for a directions questionnaire from the court? Wife has changed her mind and is now determined to fight this, so no paper hearing. Also NCP have cancelled one of the pcn's without explanation. According to the BPA NCP have not breached their code because the details were not given within 28 days, they weren't given to NCP directly and the extra charges are justifiable as the details were given after these had been added. What a load of BS. As far as I can tell both the BPA and NCP have misinterpreted what POFA says regarding the 28 days. I have looked at the signs and they don't mention anything about Rail bylaws unfortunately.

Quentin

Is the n159 suggesting no hearing?

In which case you need to reply rejecting the requested decision on papers

TW2011

Yes requesting a paper hearing. Who do I reply to? I thought the court should send me my own N159? All I have is a copy of Gladstones and a copy of a letter from them to the court saying they should send me one

Coupon-mad

Quentin wrote: »

Is the n159 suggesting no hearing?

In which case you need to reply rejecting the requested decision on papers

No, not in this case...see above. His wife is refusing to go to court so a paper hearing is going to have to be the answer here (and on paper, it is good).

Scrub that - hooray! Go for it.

Wife has changed her mind and is now determined to fight this, so no paper hearing.

The court should send her a N180 shortly. If not, ring CCBC and chase it.

evansr83

Has there been any further action?tw2011?

Umkomaas

evansr83 wrote: »

Has there been any further action?tw2011?

Do you mean in the last 4 working days, including today?

TW2011

Hello, sorry haven't been on for a while. After NCP sent out a letter to say that they are holding the keeper responsible and not the driver (who they are taking to court) we wrote back and asked them if indeed the driver is not liable (in their eyes) then why are they taking her to court, they have in the last days replied that the case is now on hold, not sure if this means the court case is on hold, I will write to them to confirm this. They clearly have no idea what Gladstones have been up to and a poor understanding of POFA. They have also for some unknown reason decided to cancel one of the PCN's which I am sure that Gladstones will not be aware of. As for the court case N159 was filed and have received a letter to say that the case has been passed to our local court and should be waiting for a date now I suppose.

Coupon-mad

As for the court case N159 was filed

Wrong form - as the defendant was up for a hearing, hopefully you mean N180?