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Court Date 22 May 2017

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Hi Everyone

My friend will be facing Gladstones head on in Court on 22 May 2017 - any advice would be greatly appreciated - we have sent back our court papers ahead of the deadline which was Monday however Gladstones have only just sent theirs - a day later (once they received our statement) Anyone heard of Shamshar Singh? xx
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  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    Who is the PPC? Euro Parking?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Who is Singh? Their advocate? I'm sure parking prankster's blog mentions Mr Singh. You need to see if he has rights of audience.

    Can you post links to the defence and witness statements? if you put them on something like Dropbox, then post the links here. As a newbie you can't post links, so change http:/ to hxxp, or put spaces in so the forum doesn't think it's a link, then one of the regulars will convert it for you so we can all see it.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Quite possibly the same, especially the Oxford connection. Cardiff and Port Talbot very easily reached via the M4 for him.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • No RoA. He doesn't have conduct of the litigation. Nor is he being supervised by someone who does. Gladstones does. Looks like he has a high opinion of himself - look at all the areas of speciality!!!!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Coupon-mad
    Coupon-mad Posts: 151,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Does your friend know how and with what evidence, to challenge Rights Of Audience at the hearing?
    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
  • Hi Everyone
    Thank you all so much for replying - yesterday she recieved their papers sent to Court - In reply to the ones we had served on them so they are late from their end and obviously waited for ours

    Their papers are laughable! The photos they have taken show no signs saying you cant park there
    The plan they have attached showing dots on a map where their "signs" are hasnt been signed and certified and dated so anyone can draw a map and put dots on!

    The gentleman in his witness statement says that he is an employee of Gladstones not a Solicitor so he definitely doesnt have right of audience.

    My friend paniced about 6 months ago and wrote a letter saying she could afford £20.00 a month but that she was not admitting liability however the bullying letters were making her ill and she couldnt see a way out - we had never heard about these forums and they are jumping on that to suggest she knew she shouldnt have parked there however in our witness statements we explained why she wanted to pay - her husband had pneaumonia at the time and life was very difficult

    I cannot see any Judge sitting before their papers and ours and favouring their case. They could have at least took a picture of their sign!!!!

    Absolute waste of court time

    xxx
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    yesterday she recieved their papers sent to Court - In reply to the ones we had served on them so they are late from their end and obviously waited for ours

    This happens a lot and it is not fair! Your friend is an uprepresented litigant in person with (i presume) no legal knowledge or court experience. She has complied with court ordered timescales by getting her docs in on time.

    It is therefore completely unreasonable for a well funded firm of legally qualified professionals to not comply and in fact try to gain an advantage by reading your friend's bundle before submitting theirs... Something they would not be able to do if they had complied

    Your friend should definitely complain to the court about this, sending an email titled "FAO: The presiding judge in case no. xxxxxxxxxx and stating why she has been prejudiced by the claimants lack of compliance along the lines of the above.
  • 1. A fully qualified solicitor of an established firm undoubtedly does have rights of audience as a local agent to the conducting solicitors (assuming the law society link is to the correct individual). The instruction of a local agent is quite different from the LPC type agents who require supervision and are not permitted to advise any client/Claimant even were they in attendance, lacking as many do, full qualifications.

    2.Remember that deemed service takes place 2 days after dispatch by post. Thus merely posting a bundle ahead of the relevant deadline is insufficient. It sounds as if it was late. Definitely worth claiming prejudice. Perhaps suggest to the Claimant that they are debarred from relying on the documents and invite them to apply for relief from sanctions. (cpr 3.8). The court could be asked to exclude the bundle.
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