SIP/ GLADSTONES PARKING Fine

jack_e_boy

Parking Fine SIP / Gladstones Directions Questionnaire

Afternoon All,

I was hoping to seek some advice in regards to a parking fine dating back to July last year.

The car is registered in my name but the person parking is my partner as she was using my car at the time.

She attended an interview and parked in the visitor’s space as allocated from the company that was interviewing her. From there, we received a "Final Reminder Letter" with a fine of £125. There was no initial letter or an ability to appeal. When we called SIP parking in regards to this Final Reminder, they were rude and unhelpful to this matter. When we asked to speak to someone higher or a member of management, their response was "There isn’t anyone higher than me and I am in a chair" So we left it as that and kept the letter and that was dated 30/8/16.

Until recently, we have received a letter from Gladstones Solicitors with now an increased bill of £175. We since replied to this with a letter of complaint insisting that there was no evidence of my partner parking "illegally" They were unwilling to resend such evidence of my parking – they claimed to have photographs of my vehicle – which were apparently attached to the first letter (the one lost by the Royal Mail).

We then received a Claim form from the Northampton county court business response park form of admission form N9A . I filled out online as soon as i could.

2 weeks later, we have now received another letter in response to the N9 form regarding a Directions questionnaire. When i have rang Gladstones solicitors they were unwilling to provide the photographic evidence to ourselves to form our defence against the claim.
When i spoke to Quality solicitors for half hour free advice, they said they should provide evidence of the matter in question.

So I’d Like to know where I stand basically. Do I

A) Pay the increased fine of now £230.66
or Fill out the Directions Questionnaire and wait for the telephone hearing to happen.

Please Advise.. .. Thank you.

Fruitcake

jack_e_boy wrote: »

Parking Fine SIP / Gladstones Directions Questionnaire

Afternoon All,

I was hoping to seek some advice in regards to a parking fine dating back to July last year.

The car is registered in my name but the person parking is my partner as she was using my car at the time.

She attended an interview and parked in the visitor’s space as allocated from the company that was interviewing her. From there, we received a "Final Reminder Letter" with a fine of £125. There was no initial letter or an ability to appeal. When we called SIP parking in regards to this Final Reminder, they were rude and unhelpful to this matter. When we asked to speak to someone higher or a member of management, their response was "There isn’t anyone higher than me and I am in a chair" So we left it as that and kept the letter and that was dated 30/8/16.

Until recently, we have received a letter from Gladstones Solicitors with now an increased bill of £175. We since replied to this with a letter of complaint insisting that there was no evidence of my partner parking "illegally" They were unwilling to resend such evidence of my parking – they claimed to have photographs of my vehicle – which were apparently attached to the first letter (the one lost by the Royal Mail).

We then received a Claim form from the Northampton county court business response park form of admission form N9A . I filled out online as soon as i could.

2 weeks later, we have now received another letter in response to the N9 form regarding a Directions questionnaire. When i have rang Gladstones solicitors they were unwilling to provide the photographic evidence to ourselves to form our defence against the claim.
When i spoke to Quality solicitors for half hour free advice, they said they should provide evidence of the matter in question.

So I’d Like to know where I stand basically. Do I

A) Pay the increased fine of now £230.66
or Fill out the Directions Questionnaire and wait for the telephone hearing to happen.

Please Advise.. .. Thank you.

It is not fine.

You do not pay.

Is the questionnaire from Gladrags or from the court? If it is from Gladrags, you ignore it.

You do nothing by 'phone.

You submit a defence and attend court and win as long as you follow the advice here.

Have you read the step by step court guide by bargepole that is linked from the NEWBIES thread? That is your starting point.

More experienced posters will be along soon.

Coupon-mad

form of admission form N9A

You admitted the claim, not 'defend in full?!

You do not fill out Gladstone's attached DQ. You fill out the one the court sends you and NO 'telephone hearing' and NO to mediation.

Loadsofchildren123

Write to Gladstones today about these documents.


Dear Sirs,


Your client has failed to comply with its pre-action obligations set out in the Practice Direction - Pre-Action Conduct and Protocols by not providing me with a sufficient explanation of the claim and the core documents upon which it will rely. Examples of these are photographs of the car parked at the relevant time, showing its location and the location and wording of all and any signage, and the contract between your client and the landowner granting it rights to manage the parking on the relevant land.


My request that you send these to me, made on [date], has met with a blank refusal on your part. You claim that you have already sent some of these documents to me, but I have told you that if this is true, I never received them.


Your refusal to properly particularise your claim and to comply with the Practice Direction (part of the CPR) will prevent me from being able to submit a proper Defence to the claim.


Please send me the documents by return - your client must have them, and must be intending to rely on them to prove its claim. The whole point of the Practice Direction is to avoid trial by ambush and to encourage the parties to put their cards on the table.


Your client's and your firm's conduct will be brought to the court's attention on costs - may I remind you that even a successful Claimant can be made to pay the Defendant's costs if they have not complied with the Practice Direction.


Yours faithfully etc.

Loadsofchildren123

Gladstones try to hurry the process along by sending you things like the Directions Questionnaire. Only take notice of something sent to you by the court, not them. The court has to make an order that you fill in the DQ by a certain date. That order will not be made until AFTER you file a Defence. Without that order, you don't need to do anything, other than comply with the timetable to file the Defence.


Gladstones will invite you to agree that the case should be dealt with on the papers without a hearing - do not consent to this.


If Gladstones refuse to answer that letter, you have two choices:


1. Write to the court with a copy of every request you've made and every refusal by them to send you the stuff. The Practice Direction - Pre-Action Conduct and Protocols obliges parties to provide core information and documents to each other in the pre-action phase of any claim, so that each party fully understands the other's position and their case. They have failed to comply with their obligation. Consequently, without the core documents being disclosed now, you are unable to file a meaningful Defence. Ask the court to order the Claimant to provide [set out a list of what you think the core documents would be - eg a copy of the signage, a plan showing where the signage was displayed, photographs of your car and of the signage on the relevant date, a copy of their contract with the landowner granting it rights to manage the parking on the site and to issue PCNSs], and to order that until those documents are provided the claim should be stayed. Refer the court to paragraphs 3, 6, 12, and 13-15 of the Practice Direction.


OR


2. Just file as best a defence as you can, not admitting things and putting them to proof in respect of every aspect of their case. Make it clear in your defence that this is all you are able to do in light of the failure to comply with the Practice Direction [and assuming the Particulars of Claim are the usual rubbish, also their failure to comply with CPR Part 16 by sufficiently particularising the claim]

Jettimmax

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Umkomaas

jettimmax wrote: »

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Day spent at Wetherspoons by the look of things.