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Late NTK, Unreadable Signage and False PCN

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  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 February 2020 at 12:51PM
    Well done! Another one bites the dust.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Le_Kirk
    Le_Kirk Posts: 24,553 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You can write to the judge (assuming you had a named one) and ask that your costs be paid due to the unreasonable behaviour of the PPC.  Assume you did submit a costs schedule.  But well done on the win!
  • BTailor
    BTailor Posts: 45 Forumite
    Second Anniversary 10 Posts Name Dropper
    Judge named yes, but no costs schedule submitted - I hadn't got that far along the process from what the Newbies thread suggested, I hadn't even submitted my witness statement before this letter of discontinuance arrived! 
    Will that count against me?
  • Le_Kirk
    Le_Kirk Posts: 24,553 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Just search the forum for one, although we now call it summary costs assessment.
  • Coupon-mad
    Coupon-mad Posts: 151,845 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    BTailor said:
    Well, well, well. The game of chicken is over! Just had a letter from Gladstones:

    "Please find enclosed the Notice of Discontinuance which has been filed by the court... The Claimant discontinues all of this claim"

    Thank you every one so much for your council and support throughout this process. My next (and hopefully final) question is; is there any way I can get reimbursement for the time devoted to this? Hours of research, preparation, writing (and stress!) has been put into this (not to mention what all have you have helped with). Plus I have already organised un-paid holiday for the court date, which I cannot cancel being so close. Is there anything that could be done please? 

    Again, THANK YOU all!
    Very good news!   Another Euro Parking Services Ltd one bites the dust!
    You could sue the parking firm for your actual losses and costs, or you could quickly write to the Judge and ask for your costs like Blue Toffee did in the example in the NEWBIES thread.
    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
  • BTailor
    BTailor Posts: 45 Forumite
    Second Anniversary 10 Posts Name Dropper
    Morning all, hope everyone is well. I had a response from the court today that reads:
    Your letter dated 16/3/20 has been referred to the judge, who has responded as follows:-
    "The case is concluded. There is no basis on which the court can consider costs on paper"
    If you wish to persue this matter you should seek legal advice. 
    ---
    What a shame. Ah well at least it cost them £25 I suppose. 

    Thanks all once again for your help and support! 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 April 2020 at 10:55AM
    They have wasted a considerable amount of  your time, now waste  some of theirs.  Consuder a claim against the PPC

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-goods---letter-before-court-action/
    You never know how far you can go until you go too far.
  • Many congratulations - what a great result!  Please please consider a letter before action to the parking company saying that it acted unreasonably in pursuing the claim, that you suffered harassment and anxiety and also that you had arranged unpaid leave for the court hearing that cannot be rearranged.  I would leave out the preparation time as this could have been dealt with in a counterclaim (good to know for next time!). Your last sentence could read something like ...
    In light of the above,  I look forward to receiving your cheque in the sum of £200 (less than £300 so that it falls within the lowest level of court fee (£25) if you do decide to take it further). Make it very polite as it will be a key document in court.  Gladstones may respond on their client’s behalf (costing the parking operator money).  
  • You do not actually have to go ahead with legal action obviously as it is very time consuming and at the moment, it is unclear whether the court will allow it, but if more and more victims write letters of action, Gladstones (and the like) will be aware that many may actually proceed with a claim (like me for instance  B)
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ... and me.  I sent an LBA to APCOA a couple of years ago when they threw in the towel at PoPLA.  

    You never know how far you can go until you go too far.
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