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Gladstones/SIP Court Claim

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Comments

  • ParkerManc
    ParkerManc Posts: 43 Forumite
    Sixth Anniversary 10 Posts
    I did think that was the wrong way round, is that something I should mention to them?
  • Coupon-mad
    Coupon-mad Posts: 154,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 March 2018 at 10:25PM
    Actually I would encourage you to accept, as he has reserved the case for himself -

    ... it's DJ IYER AT MANCHESTER!!!!!!!!! The PPC killer in human form !!! :D:D

    You are so lucky, can you give me the lottery numbers for the weekend please?!

    By getting a decision from DJ Iyer on paper, you can make it available to the Parking Prankster and the wider community here, like in:

    http://parking-prankster.blogspot.co.uk/2017/06/pace-given-pasting-in-manchester.html

    He's made it clear you will win, but did you mean 'claimant' here:
    1.A, This is a parking charges claim where the defendant admits being the driver but contends that the signage stated that a ticket need not be displayed(contrary to the contents of the PCN) a ticket could not be printed when paying using the parking 'app', a "buggy and unreliable user interface" prevented payment using the app, the defendant was in breach of the consumer contracts(Information, cancellation and additional charges) regulations 2013 reg 16 in failing to provide confirmation of the contract on a durable medium and the defendant has no authority to issue such charges.

    He means claimant. Not you. DJ Iyer can't make his intentions much clearer.
    ParkerManc wrote: »
    I did think that was the wrong way round, is that something I should mention to them?
    Yes, I would just write a quick note from the D, saying yes please, decision on the papers, but you believe the above should read 'claimant'.

    Do not throw this chance away, as he has reserved the decision to himself. RESULT!

    Can we please see his decision on the end, and send it to the Parking Prankster.

    Love his written decisions: anti-PPC, through and through. Good man!

    If you insist on a hearing in person, what if he's ill or it gets allocated to another DJ? Nooo!

    Grab this offer to avoid a hearing, with a resounding YES PLEASE, DJ IYER!

    We who fight this 'rogue, scam' (Hansard 2.2.18) parking industry - and future newbies - can all use a written, well set out decision about the Consumer contracts (Information, cancellation and additional charges) regulations 2013 in future.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ParkerManc
    ParkerManc Posts: 43 Forumite
    Sixth Anniversary 10 Posts
    Wonderful stuff! I shall leave it in the trusty hands of DJ Iyer! A silly question but, where do I put such a note? Do I call the court?
  • Coupon-mad
    Coupon-mad Posts: 154,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would post the marvellous Judge that is DJ Iyer a short letter saying yes please, a decision on the papers will be gratefully received, but you believe some of the words should read 'claimant'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • yes, write a letter addressed to DJ Iyer, addressed to "Dear Judge" and just say you agree to the direction for a decision on the papers, and that you believe there is a typographical error in his order which should be amended under the slip rule, and say what the error is.


    The slip rule is a reference to a rule (can't remember which one off the top of my head) which allows the court to amend clear errors made in orders. It's what lawyers refer to it as. He will know what it is and you don't need to quote the CPR (unless someone else can jump in here and tell you which rule it is!).


    Send a copy of the letter to the Claimant and say you've done that in your letter to the DJ.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • The slip rule is CPR 40.12.:cool:
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    Any update on this one?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • ParkerManc
    ParkerManc Posts: 43 Forumite
    Sixth Anniversary 10 Posts
    Nope this has gone horribly t~ts up, it seems through my own fault, will update later as I will probably need massive help in putting together a witness statement by the end of the day.
  • ParkerManc
    ParkerManc Posts: 43 Forumite
    Sixth Anniversary 10 Posts
    So it seems that having written what Lee1000 suggested on my Directs Form, I then idiotically didn't remove it before sending. So I've been sat for months thinking that Judge Iyer will find in my favour and the whole thing is done, until a couple of weeks ago when I received a letter informing me that I have a hearing and when I have until to get my witness statement together.

    Confused at this point I called the court informing them I'd requested a paper hearing, they asked me to email them which I did, however over the weekend I've had a letter saying essentially I asked for a hearing in my DQ so that is what I shall get.


    I received Gladstones witness statement today and it's very thorough and mine is due in tomorrow, It feels too big of a task to do now, all because I didn't check my sodding paperwork.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
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