Received Claim Form - Need help!!!

claxtome

My only concern is to do with paragraphs 2.2:

2.2 The Defendant undertook to appeal the unwarranted parking charge in all good faith, in the hope of resolving the dispute, including what was described by the Claimant as an 'independent' review by the Independent Appeals Service (IAS). The appeal was submitted through the online website, as advised in numerous pieces of documentation sent to the Defendant. There is no scrutiny board and IAS decisions in the public domain blatantly disregard recognised standards of law or justice and shift the burden to the consumer to prove matters outside of their knowledge and evidence, causing a significant imbalance in the rights and interests of consumers, contrary to the Consumer Rights Act 2015. The Defendant notes that Gladstones Solicitors Limited (Gladstones) are employed in bringing this claim. It is also noted that the directors of Gladstones, Will Hurley and John Davies, are also responsible for the IAS.

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I can see you appealed your PCN was that to the PPC?
Did you go further than that to a second stage appeal to IAS?

The paragraphs talk about both stages and wanted to make sure you had done both. If you didn't you need to reword the paragraph.

Grap3fruit

You're right.. I only appealed through their system to the PPC, I didn't realise it stated that "theIAS provides an alternative dispute resolution scheme", I thought it was the same thing.

I've basically removed all wording about the IAS and merged 2.2 and 2.3 together.

Thanks for your help, really appreciated

Grap3fruit

Hi all.

Just an update.

The court hearing is in less than a week now and I am, excusing the french, !!!!!!!! myself. Gladstones sent me their witness statement which attempts to counter each and every point I made in my defence. They answered to my appeal section stating that I gave no name or address in the appeal so they could not contact me. However, in my appeal (which they kindly have sent to me as part of their witness statement) you can quite clearly see my email address given, and also the wording:

"In the event that you wish to contact me, please do so at the email address provided."

Yet they never sent a reply to the email and are saying they had no method of contact.

They have also stated my headlights would have been directly on the sign and in my line of sight as I pulled onto the land. However, they have also sent me a scan on the contract signed between them and the land owner. This is dated as: "Date of PCN instruction: XX/XX/2013". Now they have also provided me with a site plan (map), with loads of yellow crosses all over it. I guess this is meant to be sign locations... but there is no key provided so the data doesn't make too much sense anyway. It says "the parking company patrol selected purple and pink highlighted areas as shown on the map above" yet there is no purple or pink on the map.. other than for one samll section that covers no more than 5% of the map that is pink. Anyway, I believe I am meant to assume the crosses are sign locations (can this map be refused as evidence due to the lack of a key? it is not very clear..) and so I have gone onto google maps and driven down the location virtually. All images are from April 2017, and these guys have been the parking control since 2013... but there are NO signs on the entrance of the land. There are then NO signs on down the entire stretch of road that I drive down to get to that location, and then there are 4 (maybe only 3... map is not easy to read) signs that I would have driven past. Well.. it was 11pm at night and it was dark so I wasn't exactly looking around, I was keeping my eyes on the road. The only sign which then I could have seen was the one by the vehicle. I stand by the fact that the area was NOT lit sufficiently and flash photography provides a false representation of the level of light in the their photos. I also still believe the sign was bent and I can see this in the photos they have provided. Can I use screenshots from Google maps as evidence against them of no signage when pulling on to the land? Obviously google has dates on their website which is dated roughly 6 months AFTER my ticket was issued. I live across the UK now so I can't go back there in person.

Because they said my headlights would have been on the sign in line of sight, they have also said this rules out the lighting issue. They said the photographs show lamp posts that show the area was lit... however there was not a lamppost lit around the sign by the vehicle in question and I still stand by the fact that the photographs do prove this fact. If anyone would be happy with me sending the photographs to see if they can confirm that it is enough evidence for me that would be great. Gladstones are saying that their photographs show that light was sufficient whilst I am saying that the photographs show the light wasn't sufficient in the area.. and direct battle with the same photos.

They have also said that the extra costs are as a result of Gladstones lost time, and "Alternatively, my company does have a right to costs pursuant to the sign (i.e the contract)" - not too sure what that means.

There are also some spelling and grammatical mistakes in their witness statement.. does that mean anything bad or is it just overlooked in the case?

Really getting nervous and currently am not planning on turning up for the hearing. I'm only 19 and this is really overwhelming... not sure what I can and can't use against them and my anxiety is getting the better of me. Could someone please tell me what happens if I miss the hearing? Can I call, say I am ill and ask them to do it without me there? (I could provide a witness statement maybe for my arguments back to gladstones?)

Thanks all...

beamerguy

Grap3fruit wrote: »

Could someone please tell me what happens if I miss the hearing? Can I call, say I am ill and ask them to do it without me there? (I could provide a witness statement maybe for my arguments back to gladstones?)

Thanks all...

They will obtain a judgement automatically and if you
do not pay what the court orders you will get a CCJ

County court is nothing to worry about, it's just sitting
around a desk.

The courts are well aware of the incompetent Gladstones
and the muppets they send to court to represent them.

What you have to do is get your case ready and the judge
will guide you through

It is wise to go to court as you might well win

KeithP

Have a look at this video:

www.youtube.com/watch?v=n93eoaxhzpU

It really is a simple straightforward business meeting.


This video may also be useful:

www.youtube.com/watch?v=ZZyb4HYC5A8

KeithP

Grap3fruit wrote: »

I could provide a witness statement...

Have you not provided a witness statement then?

Grap3fruit

Oh no...

I made the stupid mistake of thinking that a witness statement and statement of defence were the same thing and so I've missed that deadline.

Does that mean I can't rely on any of my points now against them?!

Coupon-mad

Really getting nervous and currently am not planning on turning up for the hearing. I'm only 19 and this is really overwhelming... not sure what I can and can't use against them and my anxiety is getting the better of me.

Please don't do this, don't duck out.

It's a bit like a Job interview and the worst that can possibly happen is the Judge orders you to pay the sum claimed, no CCJ & no high costs as long as you TURN UP!

Could someone please tell me what happens if I miss the hearing?

You lose by default and will be ordered to pay the entire claim, and their rep might even persuade the Judge to add his/her travel attendance costs! So you could be ordered to pay much more.

Please don't do that. You are likely to pay MORE.

99% of our defendants win and they are as nervous as Hell!

Which court? Some Judges, like at Manchester and Skipton, are well aware of the games PPCs play and will help talk a defendant through the process.

We've even had some people come back saying they hardly had to say a word!

I made the stupid mistake of thinking that a witness statement and statement of defence were the same thing and so I've missed that deadline.

Does that mean I can't rely on any of my points now against them?!

You'd lose, but this can be put right NOW. We have helped LOADS of people who made the same error.

Write a witness statement NOW, and submit it with your evidence photos, etc.

Here is a simple one that someone is working on right now:

https://forums.moneysavingexpert.com/discussion/5698762

Copy & adapt it and think what evidence to include (clue, I've mentioned some there, so has that poster, and in the NEWBIES thread post #2 it tells you what sort of evidence to include with a WS). Pretty standard printouts, plus a copy of the transcript to the Parliamentary debate you will have read about when you read other threads recently...didn't you? The MPs debate is everywhere!

Here's another poster playing the 'submit a late WS' game, just like you. It is rescuable:

https://forums.moneysavingexpert.com/discussion/comment/73883707#Comment_73883707

YES YOU CAN SUBMIT THIS ON MONDAY, AND TURN UP TO THE HEARING, AND WIN.

Lamilad

How late is your WS? We had one thread last year where the defendant submitted his a week late (7 days before the hearing) and still won.

Depends on the judge and whether the claimant complains about late service... If they do they would still have to prove they have been prejudiced by it.

Coupon-mad

I rescued two cases where I got the OP to file a WS the day before the hearing. Both won.

This MUST be fought, and if you duck this now aged 19 how will you cope at Job interviews?

Imagine the thrill of winning...you will feel ten feet tall!

One young lady I practically pushed to court (virtual hand holding and she was feeling sick) came out saying she felt like Perry Mason absolutely on top of the World, when she won!