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Ppc off to court shortly, advice pls

13

Comments

  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    Have sent links across hope you might be able to do something with them

    Rgds
  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    https://www.dropbox.com/s/9zh368cxtisis4y/20180321_111650-1080x1080.jpg?dl=0

    Fundamentally this differs from the HMRC land Registry maps showing the boundaries of Watersmeet.

    Furthermore the Contract with Watersmeet and AM Parking is for the Parking Areas only.
  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    https://www.dropbox.com/s/kvjy6173igjq7a1/20180321_111020-1080x1080.jpg?dl=0

    The HMRC land registry map showing the true boundary.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You've written it four times now so I guess it's not a one off mistake...

    Please stop writing HMRC Land Registry.

    There is an entity called HM Revenue and Customs and another one called HM Land Registry.

    :D
  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    Quite correct not a one off mistake....thanks for pointing that out
  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    Am aware that this particular creditor has a CCJ against his name as well, perhaps i am wrong but was under the impression that multiple creditors can issue a joint winding up notice once the value is sufficient, anyone know if that's the case?
  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    Good luck Bargepole

    I see there are 6 cases at 10am 5 of them parking 4 from UKPC..

    Looks like a long day..!
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I heard that bargepole won his case with a struggle (could have gone either way) on no keeper liability, but he knew that one case before and one after this, were lost.

    A difficult court then, let us know how you got on?
    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
  • SWEETPEAS
    SWEETPEAS Posts: 19 Forumite
    So a very busy Court on Thursday.

    I was actually representing my partner and ended up havibg to take a day off work. 6 hearings and we were the last.... i was essentially cancelling work meetings as the day went on...

    I have learnt alot from this site but i also learnt that the Parking Firms are not the only unscrupulous ones.

    Gladstones and their representatives are not alot better.

    Throughout the whole of the procedure gladestone and AMP failed to provide key documents requested and only then at the end providing what can only be described as fictious paperwork 9 days earlier.

    Prior to the hearing we were approached by gladstones representative to endevour to demonstrate her prowess.

    She then claimed not have received key documents which made this a simple open and closed case. (What a surprise) however services had been recorded and the documents served twice so i was looking forward to her challenging this one, (in the interest of natural justive the Courts should look at all available information)
    I even had one of my girls bring the company post book over as a proof of service for one of the copies...


    Once inside DDJ Bruce started to review the case, the Courts had not let me down and they had all our information, the same cannot be said of the Claiment, who then tried to say it was served before the date of the signed witness statement, DDJ semingly didnt pick this up. Again another example of how they work...

    The crux of the case was there can be no contract as the car was outside of the boundary AM Parking were allowed to operate.

    Gladstones had attempted to use a Google Saterlite image as "the map" DDJ was having none of it and said that was not considered a map. The image wasnt even the image taken at the time of the signing of the contract... google pro dates the photo images so couldnt have ever been the map which aligns to the contract
    We presented a HM Registry map which demonstrated that the area was not part of their operational area, the claiment then stated she had no further evidence and asked for an adjurnment!!! In small claims court!!! DDJ dismissed this without hesitation...By now she was flustered and knew she was basically in for a spanking.... the judge was unimpressed with their attempt at their claim but stopped short of my claim that they haf endevoured to misslead the courts.
    Seeing that it was a certainty of success i then ask permission to ask for costs before his summary.... wrong move think this oveestepped the mark. He simply stated he would review costs after he made his decision...

    In summary he went through the case stating that originally we had not provided a defense and we had to get the matter set aside. This was foc

    The reason for the lack of defense was the claim was served but my partner had moved... so never saw the claim.

    He then said that the defendant had changed its witness statement... this was because at setting aside stage we hadnt seen the particulars of claim.

    HOWEVER DDJ BRUCE STATED THAT A HM REGISTRY MAP HELD FAR MORE WEIGHT THAN A GOOGLE IMAGE...CASE DISMISSED.

    DDJ Bruce then asked if i had anything further to add but it was more with a tone of annoyance than anything else... maybe i should have pushed for costs but inside i was just happy to have been victorious put this in our rear view mirror and drive off....

    As for Mrs Cross she could get away fast enough she clearly wasnt in the mood to congratulate us.

    As for AMP i shall shortly be posting a new more concise thread on Watersmeet Chatham St Marys Island as quite clearly AMP are attempting to gain monies illegally by ticketing people in this area.

    I also intend to deliver notices to all the residents of Watersmeet, i no longer live there so if they get a PCN in a similar manner to myself they have the resources at hand or if people have paid believing they were parked illegally they can demonstrate they have been illegally charged.

    Will also be contacting the BPA, the DVLA, the local residents group and the people who employed AM Parking solutions.

    Although seemingly unlikely in the SCC had i got my costs over the line and been large enough to issue a stat Demand i would have taken great delight in winding this Business up if just to send a signal out to others...even though the cost to do so would have been far greater than the ticket itself....

    I must thank all those that offered advice and their time....these organisations business need to be stopped.
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