PCN Court proceedings by Gladstones Solicitors

Jigsaw2016

I have seen that there is some good advice on this forum regarding the above solicitors so I am hoping you can help in this case.
I originally received a PCN from District Enforcement related to parking at a block of flats which are over a 5 hour drive from where I was at the time, this came with no evidence of the alleged infringement. I ignored the letter as it was impossible that my vehicle or I could have been there.
Subsequently received a letter before claim from Gladstones to commence legal action. However, the location named was only the block of flats with no road name, area, post code so very vague. Again I ignored this.
I then received a claim form from the County Court for breaching the terms of parking the this block of flats, again only referred to as *** Court, no precise address. I did respond to this and submitted my defence by saying I had irrefutable evidence that I was nowhere near such a location. The court has acknowledged receipt of this.
Gladstones have now written stating that they have notified the court of their clients intention to proceed with the claim. They state that they request special direction that the case be dealt with on the papers with no need for an oral hearing as it is 'straightforward' to which I do not agree and that they have elected not to mediate. Enclosed is a completed Directions questionnaire in which they have already ticked 'NO' to the case being referred to the Small Claims Mediation Service and 'YES' that the small claims track is the appropriate track and 'NO' to asking for the courts permission to use the written evidence of an expert. The form is also addressed and signed by the solicitors form.
I have contacted District Enforcement and Gladstones solicitors requesting the evidence on several occasions but the requests have not been acknowledged and no evidence received.
Advice would be gratefully received.

Redx

read post #2 of the NEWBIES FAQ sticky thread, especially the info dealing with this court process and timeline (read the BARGEPOLE posts linked in there)

once you understand what is done and by when you are better prepared to defend this

once a local county court is allocated (and judge) you will be sending in various paperwork, evidence and a WS too , possibly a "skeleton" as well

and read a dozen or more court claim threads about gladrags (any will do) so you get the gist of the arguments and paperwork to be filed , with whom , and when

as the defence has gone in , you are awaiting the CCBC to pass it to your local court etc, when you get the notification you will be told in the paperwork what had to be done and by when

if in doubt , keep reading the stuff in post #2 of that thread, plus other gladrags court claims

Coupon-mad

They state that they request special direction that the case be dealt with on the papers with no need for an oral hearing as it is 'straightforward' to which I do not agree and that they have elected not to mediate. Enclosed is a completed Directions questionnaire in which they have already ticked 'NO' to the case being referred to the Small Claims Mediation Service and 'YES' that the small claims track is the appropriate track and 'NO' to asking for the courts permission to use the written evidence of an expert. The form is also addressed and signed by the solicitors form.

This happens every time.

Simply search the forum for Gladstones straightforward and do what everyone else does at DQ stage (the court will send you a DQ but if worried, download one, form N180). The NEWBIES thread tells you how to fill that in.

I originally received a PCN from District Enforcement related to parking at a block of flats which are over a 5 hour drive from where I was at the time, this came with no evidence of the alleged infringement. I ignored the letter as it was impossible that my vehicle or I could have been there.

Wow, do you think DE have the wrong car?

Interesting one.

Unless you are playing fast & loose with the location name of the flats and in fact the car was on property managed by DE, and they've just misspelled the place? Is this all it is, or is it REALLY a case of mistaken car identity?

If the former, you really shot yourself in the foot if you didn't submit a full defence mentioning signage/no contract, etc.

The_Deep

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.

nosferatu1001

In your defence, did you deny that the vehicle was at the location specified on the PoC? What evience do you have that you were not at the precise address listed?

It woudl be good for you to show us EXACTLY what your defence is.

Jigsaw2016

Thanks for all your advice, there is a lot to take in and read.
I have no idea if it is a case of mistaken car identity as I have no photographic evidence even though it has been requested several times. It could well be that my reg has been cloned.
It is not the case of DE misspelling the location as they do specify an address on the original notice which is how I know it was impossible to be there. It is Gladstones who do not specify the whole address and have only submitted to the court the name of the block of flats without providing a full address.
I have bank statements, witnesses and appointments which show where I was that day.
Without providing proof, are they not effectively demanding money with menaces? It looks like they have plucked a random car reg and DE site then trying to get money because they think they can.

nosferatu1001

No theyre not. Get that thought out your head. Jsut file the requisite WS at the right time, along with your evidence the vehicle was not there.

WHen you say you requested it several times, did that include when GS sent the LBA, and if so what did they respond? We know precious few details.

We still dont know what you EXACTLY WROTE IN YOUR DEFENCE. This would be DAMNED useful for us.

Jigsaw2016

Simply search the forum for Gladstones straightforward and do what everyone else does at DQ stage (the court will send you a DQ but if worried, download one, form N180). The NEWBIES thread tells you how to fill that in.

Thank you Coupon-mad I am doing this and finding some really helpful advice some of which you have also contributed to and helped to resolve.

Jigsaw2016

N180 form completed as per NEWBIES thread. Any advice on a covering letter to Gladstones with a copy of the form?

KeithP

Jigsaw2016 wrote: »

N180 form completed as per NEWBIES thread. Any advice on a covering letter to Gladstones with a copy of the form?

Dear Sirs,
Please find enclosed a copy of the Defendant's Directions Questionnaire.

Yours faithfully
Whoever You Are


Email it. They're not worth a stamp.

Coupon-mad

Dear Sirs,
Please find enclosed a copy of the Defendant's Directions Questionnaire.

I am not a victim of your robo-claim and will not be agreeing to this case 'being heard on the papers'. Do not insult me with template letters and cut & paste speculative claim wording.

Yours faithfully
Whoever You Are