Gladstone's intention to proceed with claim

Daisys_mum

Hi.

I received a parking ticket for parking at a gym where I was a member.

I got the ticket very shortly after the gym had introduced the restrictions. It is uk car park management ltd.

I have disputed this the whole way along as have never felt it was fair. I even spoke with the gym manager who agreed to make sure that uk car park management Ltd did not proceed with this. I was a new mum when I got the ticket and totally oblivious to the new system they had introduced. Time frames as far as I'm aware between introduction of the system and the ticket are minimal. Bearing in mind I was paying a good sum of money to use those facilities.

I appealed to uk car park management ltd who never acknowledged any of the points I raised. I didn't take this to an independent appeal. It went quiet for a long time when I told them I wasn't going to pay anything, but more recently things have accelerated with this court action.

So the recent letter gives me no information about their claim against me. I have read I need to contact them for a disclosure of all information they have against me. They say that the clients completed directions questionnaire is enclosed - but this has no information on it.

They say that 'we intend to request a special direction that the case be dealt with in the papers and without the need for an oral hearing. Reasons they give relate to the cost of an oral hearing. I might be naive but I'd rather speak to someone face to face and present my case?

The other thing is that they don't want to use mediation. Reason they state is they have had little success with this.

They also reiterate they are still open to reasonable offers.

They also state that their client is open to 'genuine payment proposals that you wish to put forward'.

Any advice greatly appreciated.

blackmath

Didn't you receive a CCBC claim form?

HeatonGuy

Gladstones do seem to be forgetting to fill in the Directions Questionnaire sent to defendants - this needs to be brought to the attention of the court on the day AFTER they have to serve you with your copy, which will be as specified on the court directions order.

Have you had that order from the court yet?

logician

Daisys_mum wrote: »

Hi.

So the recent letter gives me no information about their claim against me. I have read I need to contact them for a disclosure of all information they have against me. They say that the clients completed directions questionnaire is enclosed - but this has no information on it.

They say that 'we intend to request a special direction that the case be dealt with in the papers and without the need for an oral hearing. Reasons they give relate to the cost of an oral hearing. I might be naive but I'd rather speak to someone face to face and present my case?

.

HeatonGuy wrote: »

Gladstones do seem to be forgetting to fill in the Directions Questionnaire sent to defendants - this needs to be brought to the attention of the court on the day AFTER they have to serve you with your copy, which will be as specified on the court directions order.

Have you had that order from the court yet?

+1 to bringing it to the court's attention. I would however serve your copy on the date due to the court about 3.50 on the due date and email to Gladstones at 4pm.. (also post a copy).

Typically Gladstone's send theirs out before CCBC get around to it. Although the OP can check on MCOL to see if this has been dispatched.

I would bring this to the court's attention in a covering letter with your completed and signed N180 (also put in the form and object to the paper only hearing)

Daisys_mum

Thanks for your reply.

No I didn't receive that.

Daisys_mum

Yes I replied with the information I have about why I think this is unfair

Daisys_mum

I've had a notice of proposed allocation to the small claims track n149a

System

I've had a notice of proposed allocation to the small claims track n149a

How to complete

A1 = Say NO to mediation. Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court.

D2 = NO to expert evidence

D3 = 1 witness (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. There is a long delay (20+ weeks) between this form and an actual day in court.

Don't think the court is going to thank you for the comments made in #3 as it seems to be "playing around" rather than dealing with the issue at hand.

No doubt there will be comments on the issue but Rule #1 is to follow what it says in anything from the court and if it says return the DQ by a date then do it.

Half_way

I have disputed this the whole way along as have never felt it was fair. I even spoke with the gym manager who agreed to make sure that uk car park management Ltd did not proceed with this.

Get this in writing, you need to make it clear that the gym ( as principal) does not support the parking company ( as its agents) pursuing this through court, and even better would like the parking charge to be dropped all together.
Make sure that you also inform the pakring company of this, and demand that they drop the case, and remove your data fro their systems, and other than a confirmation that it has been cancelled and a full apology you expect to hear no more of this matter from them.

Include this in your defence if its no too late.
As you have made sure that the parking company knows it has no authorisation to pursue this, you will have opened up the option for asking for full/additional costs due to their unreasonable actions in continuing to pursue, plus theres an option of a counter claim for a breach of the data protection act.

But make sure that you get confirmation from the gym, written down, you let the PPC know, and you include it in your defence if not too late.

The_Deep

What did the PPC issue to PCN for, was it for nin-payment, overstaying, failing to park in a bat, or failing to enter your VRN on a terminal?

If the latter, they might struggle in court, judges often view this as of little significance.

https://en.wikipedia.org/wiki/De_minimis

Gladstones are not the brighrest star in the sky, read this.

https://www.google.co.uk/search?sourceid=navclient&aq=&oq=you%27ve+been+Gladstoned&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=you%27ve+been+gladstoned+prankster&gs_l=hp..0.0.0.0.0.13205...........0.mNjd7fjbzIE&gws_rd=ssl

Half_way

You should really be going full bore at them over this, especially if you have the backing of the gym in getting this overturned.
If all goes well, you should at the very least be able to put an unreasonable action costs in, and possibly even a data protection act breach in.
Plus if you want you should also go for full press coverage, complaints to the DVLA, your MP the works - anything to give publicity to how the IPC behaves.
You could even add that in this case the gym management have been helpful, and you are extremely grateful for ( name of gym managers assistance) however if the landowner is unhelpful then they could also be liable for any costs as a result of the parking companies actions