Small Claim stage

Hugo24

1) Previously taken the militant approach. I have ignored and thrown away letters from the parking company. I have now been faced with a court letter.

2) The letter received from the courts requested I respond online via MCOL
This was may response:

I disputed the full amount

My defence was :
I left a message in my window explaining I was an agency nurse
working in the critical care department covering an emergency
shift. I received no enquiry whilst working to question this
message or dispute it as a valid reason for parking there.
I attempted to park in the staff parking but the barrier was down
and no intercom/number was available to gain access.
No parking near the hospital grounds was accessible. I had no
choice but to park in the hospital grounds.
I was being employed by the hospital at the time this parking
charge notice was issued and feel this penalty is extravagant and
unconscionable.

I left the counterclaim section blank and signed the document

3) I received acknowledgement of receipt from the HM Courts and Tribunals saying the claimant may contact me to resolve the issue. Advised that if claimant had not contacted the courts in 28 days the claim will be stayed.

4) 49 days later I receive a letter from Gladstones Solicitors saying they wish to proceed with the claim. Enclosed a completed Directions Questionnaire. They wish to request a special direction to deal with the claim on paper without the need of a oral hearing. In their opinion its straightforward, the costs for a oral hearing are disproportionate and they trust I agree.

The claimant has elected not to mediate, saying they have found mediation is rarely beneficial. Finally ending that their client would be happy to listen to any genuine payment proposals I but forward.

Enclosed is a Directions Questionnaire (Small Claims Track) completed by Gemini Parking Solutions.

Enclosed is a N159 - Notice of Allocation to the Small Claims Track (no hearing) they wish me to complete. The top half of this form is not completed by the courts, it is blank.

WHAT DO I DO?
Is it too late to follow the advice in your thread and appeal to BPA and POPLA?
I live in England and I own the car. It is not a lease or company car.

Browntoa

have you read all the Newbies thread yet ??

Quentin

Everyone is politely advised to read that thread first before starting a new thread


All your questions are answered there.

You need to get up to speed on court claims!! Also covered in the FAQ

Hugo24

Not all of it, Im not sure I could send the letters posted in thread #2 since I haven't followed the thread #1 advice

Quentin

Yes you are too late to appeal


Hence the advice to get up to speed on court process


(Don't be sending that form back to Gladstones you mention in your point 4!)

Hugo24

Thanks I'll keep reading