my draft defence Gladstones - PCM Court action

Sassii

Johnersh wrote: »

You are not required to appeal any element of the order if you don't wish to.

3. D prepares a response to uphold the order that gives him the win, but cross-appeals on the basis that the costs order was wrong and he should get unreasonable costs.[/I]

Why I need to appeal / cross appeal already pcm & Gladstones did that on behalf of myself as they appealed the whole order not only their dismissed.

Thanks

Sassii

Hi All

3 weeks ago received the below letter from courts

https://www.keepandshare.com/doc16/20798/epson043-pdf-15k?da=y

Gladstones ignored that court order as well as I Phoned the court today and they informed they didn't receive the required documents from Gladstones yet.

I'm going to send the below letter to court so could any one review and comments and give me more ideas. Regards

IN THE COUNTY COURT AT

CLAIM No:

BETWEEN:

PARKING CONTROL MANAGEMENT (UK) LIMITED (Claimant / Appellant)

-and-

xxxx (Defendant / Respondent)


I am xxxx and I am the Defendant / Respondent in this matter. I Knew from Romford County court and Central London County Court official when I called the courts on xxxx that the claimant / Appellant practiced his habit by ignoring the court order dated xxxx typed on xxxx and did not send the documents requested by court on time and up to now.
As the Deputy District Judge xxxx refused Claimant permission to appeal request at the hearing dated xxxx and as Claimant / Appellant ignored the court order mentioned above, The Defendant / Respondent ask the court to refuse / strike out the appellant permission to appeal request and consider the Defendant / Respondent costs application attached.

[Deleted User]

I wouldn't send that. On my reading, the simple fact is that PCM has never had permission to appeal and has missed each and every court time limit when afforded the opportunity to deal with the court. They now need to pay.

I'd write to PCM requesting payment of your £1,500 plus interest accruing at judgment rate at 8% per annum, which is £0.33 per day within the next 14 days, failing which you will commence enforcement action.

A successful stat demand would permit you to petition for bankruptcy. Other options include getting a high court enforcement officer (i.e. a bailiff) to seize company assets to the value of, if it remains unpaid.

Happily companies house accounts suggest they should be good for the cash.

jkdd77

What happened in the OP's other thread, where leave to appeal against a wrongful refusal of set-aside was itself wrongly refused, leaving the OP owing PCM a large sum of money despite there never being a valid debt in the first place?

Would it be possible for the OP to use this judgment to offset against the money supposedly owed to PCM following the erroneous refusal of leave to appeal against the default CCJ?

Sassii

QUOTE=Johnersh;74159352]I wouldn't send that. On my reading, the simple fact is that PCM has never had permission to appeal and has missed each and every court time limit when afforded the opportunity to deal with the court. They now need to pay.[/QUOTE]

[Deleted User]

PCM have never had permission to appeal.

There is nothing to strike out. You're done. There is no case to hold up since you've already won it.

Now that they have failed to appeal, you can (and should) seek payment.

[Deleted User]

Would it be possible for the OP to use this judgment to offset against the money supposedly owed to PCM following the erroneous refusal of leave to appeal against the default CCJ?

No. The money is owed because the court said so (sadly).

Where the cases are separate, the only method of offsetting afaik would be if the o/p agreed terms with pcm to do so as a simple commercial agreement.

Sassii

Hi all

Now the court ordered pcm to serve a skeleton argument and transcript of set aside hearing. Also court stayed the set aside order order. pcm one day before serving due date asked the court for time extension and transfer the case to another court. do I need to ask the court to reject pcm requests specially transfer the court to other court as it will disadvantage to me if the appeal heard in court away from my home.

Regards

Coupon-mad

do I need to ask the court to reject pcm requests specially transfer the court to other court as it will disadvantage to me if the appeal heard in court away from my home.

Yes!

Object to BOTH requests, the Claimant has had ample time and cannot move an individual Defendant away from his/her local court.

They are taking the Mickey.

Include in your letter to the court, the form needed to enforce the debt for you (the money PC owe you):

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

and ask the Court to enforce it now, including your £25 fee and 8% interest.

one_cruzer

Any updates on this?