Gladstones / Ace Security Services - 2 Separate Cases - Please Help!

KeithP

DerrickDuval123 wrote: »

Surely if they were in the right they'd be taking me to court on one single count on one single day?

Not quite.

The allegation is that not adhered to the parking conditions therefore as agreed you need to pay the PPC £100.

You have done that twice. They expect £200.

What they should be doing is combining the two events into one claim for twice the amount.

DerrickDuval123

Thanks Keith.I was just wondering whether that could help my cause - ie Gladstones clear poor attention to detail. My point is why aren't they taking me to court for the entire sum rather than suggesting two dates / separate claims?

System

Because they!!!8217;ve padded the claims

KeithP

DerrickDuval123 wrote: »

Thanks Keith.I was just wondering whether that could help my cause - ie Gladstones clear poor attention to detail. My point is why aren't they taking me to court for the entire sum rather than suggesting two dates / separate claims?

It could be because their automated processes are unable to recognise that the two incidents are related in any way.

It could be because large value claims attract larger court fees.

Either way it is clearly an abuse of the court process to shove this stuff through without any apparent care.

Coupon-mad

Your defence to this new one should include a request that the claim is either struck out, or merged with the first one, and that only ONE hearing should take place otherwise this is an abuse of the court process by Gladstones trying to get two bites at the cherry for matters that deal with essentially exactly the same facts.

Then re the first claim, when you get your Directions Questionnaire from the court, attach a covering letter reiterating the above, quoting the other claim number and asking for the issue to be put before a Judge otherwise this is wasting your time and the court's time.

Then repeat the same at WS stage, with your WS and evidence include a covering letter that urges the local Judge at this point, using the court's case management powers and not costing you, the victim, a fee, to step in and make an Order of the court's own volition, requiring that both PCNs must be heard at the one hearing.

Keep banging on about it at every stage, quoting the 'other' claim number every time, until you get to a stage (probably nearer the first hearing time) when a Judge might actually read it and order the cases to be heard together. Doing it this way doesn't cost you a fee.

If this never gets sorted, if you win the first case, ask the Judge at the time while still in the room, to strike out the second one because the Claimant cannot have the same facts heard a second time, and expect a different outcome. Abuse of court process, blah blah...

DerrickDuval123

Short update and appreciate some advice here.

Bearing in mind how long these things drag on, it's finally got around to a week until the court date. I have just realised that I hadn't submitted a Witness Statement and thelast thing i did was provide a defence. Whats happens now or what can I do. Am I right in thinking that the WS should have been sent in 14 days prior?

Worried I may have messed this up right at the last hurdle. Appreciate any quick feedback to point me back in the right direction to hopefully beat these Cowboys!

P.S If it is not too late, I also wanted to get advice on whether its worth mentioning that Private Parking companies and a new code of practice was discussed in Parliament in Feb this year.

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

nosferatu1001

Well, it needed to be sent in whenever your hearing date doc told you. Usually that is 14 days before.

Do you have a WS from teh claimant? Yes or No answer needed...

What can you do? Well the obvious answer is - file one with the court TODAY and with the claimant, at the same time.
You shoudl apologise and state you had not realised, and you are asking the court if this is OK to file. State thsi should not represent a disadvantage to the claiamnt, as they should already be aware of the facts in this case.

Also, IF TRUE, state you do not have a copy of the claimants WS either.

DerrickDuval123

Appreciate that. From what i've seen on other peoples feedback - Best to keep the WS short and to the point?

They provided me with their witness statement and evidence last week but only just picked up on it, didn't realise it was so close. Hopefully an explanation should be OK as the claimant clearly has all their facts already.

What is quite worrying is that my claim has been moved to a different court and it states that it may not even get heard on that day.....

System

Best to keep the WS short and to the point?

Err..no. It can be short if the facts are few. Size as the say, doesn't matter. It's the facts.

DerrickDuval123

Should it just be a version of my defence where i'm referring to exhibits of evidence e.g Photos, permission from resident to park on that given day?

I'm struggling to understand the difference between the two and don't want to look stupid by submitting the same thing i've already provided in my defence.