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Gladstones SIP - Parking Charge - Court

13

Comments

  • Le_Kirk
    Le_Kirk Posts: 25,128 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
  • Junadium87
    Junadium87 Posts: 15 Forumite
    So I went into court today. The SIP rep actually showed up! The Judge knew I had not had enough time to file my WS and was very nice, allowed me an additional 14 days to send to both the court and Gladstones and another 14 days for them to then respond.

    I need to make this case as solid as possible. I will try to find out the owner of the property but that does not seem to be that easy of a task.

    Any additional help would be highly appreciated.

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I will try to find out the owner of the property but that does not seem to be that easy of a task.
    That's not what IamEmanresu said.

    Find out by asking the Council for the public information: who pays the Non Domestic Rates?

    Which court?
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, you need to be precise and do whats told, not something tht sounds similar - because it might not be. Precision is really realy important here
  • Junadium87
    Junadium87 Posts: 15 Forumite
    Additional witness statement sent by Gladstones. Need some help please. Not quite sure how I should reply to this.

    I have requested from Manchester City council numerous times details of the owner of the land but they keep saying they will get back to me and never do. Is there an alternative way to find this out?

    Also any help on replying to the additional witness statement would be very much appreciated.

    Additional witness statement:
    page 1: h t t p s : / / ibb.co/jwpHYT
    page 2: h t t p s : / / ibb.co/j8xbSo
    page 3: h t t p s : / / ibb.co/eOSAno
    page 4: h t t p s : / / ibb.co/i1VVno

    The order form that they say they have exhibited in point 23, they have not attached it to the exhibits.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 June 2018 at 9:46PM
    Junadium87 wrote: »
    So I went into court today. The SIP rep actually showed up! The Judge knew I had not had enough time to file my WS and was very nice, allowed me an additional 14 days to send to both the court and Gladstones and another 14 days for them to then respond.

    I need to make this case as solid as possible. I will try to find out the owner of the property but that does not seem to be that easy of a task.

    Any additional help would be highly appreciated.

    Thanks
    What has happened in between?

    In March your case was adjourned, but not so that the claimant can get away with filing new stuff by ambushing you with more information in June.
    I have requested from Manchester City council numerous times details of the owner of the land but they keep saying they will get back to me and never do. Is there an alternative way to find this out?
    Don't ask for the owner of the land.

    You should be asking for what IamEmanresu said. Word for word, in post #17 he told you what to ask.

    Write this time to the Leader of the Council - addressed 'private and confidential - formal complaint' with that person's name on the envelope.

    Keep proof of posting - showing your previous requests, and saying you want a final response to what is now a formal complaint and if you do not get the answer that you are entitled to as a member of the public within the next seven days, you will complain to the Local Authorities Ombudsman.

    Spell out what you want to know and it's not who 'owns' it...
    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
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    !!!8220;
    I have requested from Manchester City council numerous times details of the owner of the land but they keep saying they will get back to me and never do. Is there an alternative way to find this out?

    Helpfully Manchester publish a list online here

    http://www.manchester.gov.uk/info/200012/business_rates

    Now if you download the list "List of occupied business rate properties in Manchester"

    http://www.manchester.gov.uk/downloads/download/5050/list_of_occupied_business_rate_properties_in_manchester

    you will see the names of all the Rates payers who are not individuals (Data Protection Act) and SIP Parking are not there. You should send a copy of this to the court and to the other side and ask them to produce the evidence that they are actually occupiers as the state, or prove their possessory rights.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's useful to know, IamEmanresu. :)
    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
  • Junadium87
    Junadium87 Posts: 15 Forumite
    Thank you very much for all the help so far guys.

    I have sent the relevant document to both Gladstone's and the Court asking them to produce the evidence that they are actually occupiers as they state, or prove their possessory rights.

    How should I deal with the fact that Gladstones are saying that 'the agreement between the operator and the landlord is of no relevance'? Surely that can't be right?

    They state: 'Exhibited in my previous witness statement is a copy of the 'Parking enforcement agreement' which confirms my company is the 'operator' of the Relevant Land and has permission of the 'Landlord' (SIP Car Parks Limited) whoa re either the owner or the landlord's authorised agent, to provide enforcement services. In any event, the contract is between my company and the defendant and as confirmed in the case of ParkingEye v Beavis (2015) the contracting party does not need to show that they have a right to do what they have promised in the performance of a contract, nor is the agreement between the operator and the Landowner of any relevance'

    Not quite sure how to handle this, any help would be greatly appreciated.

    Thanks
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