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HELP Being taken to court by Gladstones
Galaxyulz
Posts: 14 Forumite
I am completely new to this so apologies in advance. I will try to include as much details as possible. I really need your help.
12 Months ago I got a Parking Charge Notice for £100 for parking in a child bay without a child
in a supermarket car park. The mistake was made to reply to this rogue company called ES Parking denying this had happened as its not possible. That's something we would never do, besides it would be of no benefit to us as the car park has hundreds of spaces and there was no more than around 15 cars at that time. parking in a child bay wouldnt make it any closer.
By the time I got to the supermarket to ask for their CCTV I was told that they dont keep footage older than 4 weeks. I tried their head office however they said the land is privately owned and has nothing to do with them.
Within 2 months after the incident I got a letter from ZZPS, a Debt collection notice asking for 160 and another from the same 2 weeks later this time threatening to pass to Wright Hassall Solicitors who started chasing me too.
I complained to the IPC 4 months from the incident stating the case. Also the fact that before the incident I had been seeing a right dodgy looking fella in a clapped out old Merc parked up every now and then taking pics. Otherwise sat with his girl smoking away. Im sure professionalism is breached as is 'no predatory tactics', which is what they are.
Anyway this was shot down.
7 Months after the incident I got a letter before claim from gladstones who i later found out also run the IPC!!!!!!
It stated that If i felt there was a reason for non payment I can go online and contest. I tried but their systems dont work online. Click on anything and it takes you to a payment page.
On the letter there was a slip to send off if you required a a papercopy of the contest form.
I sent this off via recorded delivery but no reply. They definitely recieved it as I have the proof reciept and tracking number.
I managed to find an email address so I sent a complaint. They blanked me and were adamant I had to pay. I asked for video evidence of the incident and all I got were pics of the missus stood next to the car and then again stood next to the car 5 minutes later. These shots were taken from a distance zoomed in. As far as Im concerned how on earth can a still image prove there isnt a child present.
I then recieved a court claim form asking for 247.
I replied to this online and to be honest Id had enough of the harassment and offered to pay 135.
I then got an email from gladstones saying they are continuing and some garb about how mediation isnt needed and they want it decided on paper.
Im now at the stage where ive recieved a notice of proposed allocation to the small claims track.
it says It is now a defended claim and the defendant has filed a defence
I need to complete the claims directions questionnare and file it by 3rd May.
It asks about mediation and if I want to settle without a hearing.
Im completely lost please help out. I dint even know these forums existed until someone told me.
What do i do now?
Can i still contest it in court even though ive made an offer before.
If i lose is the judge really gonna make me pay £250.
Do i have an argument with regards to predatory tactics and the form i sent off recorded delivery to which i recieved no reply?
12 Months ago I got a Parking Charge Notice for £100 for parking in a child bay without a child
in a supermarket car park. The mistake was made to reply to this rogue company called ES Parking denying this had happened as its not possible. That's something we would never do, besides it would be of no benefit to us as the car park has hundreds of spaces and there was no more than around 15 cars at that time. parking in a child bay wouldnt make it any closer.
By the time I got to the supermarket to ask for their CCTV I was told that they dont keep footage older than 4 weeks. I tried their head office however they said the land is privately owned and has nothing to do with them.
Within 2 months after the incident I got a letter from ZZPS, a Debt collection notice asking for 160 and another from the same 2 weeks later this time threatening to pass to Wright Hassall Solicitors who started chasing me too.
I complained to the IPC 4 months from the incident stating the case. Also the fact that before the incident I had been seeing a right dodgy looking fella in a clapped out old Merc parked up every now and then taking pics. Otherwise sat with his girl smoking away. Im sure professionalism is breached as is 'no predatory tactics', which is what they are.
Anyway this was shot down.
7 Months after the incident I got a letter before claim from gladstones who i later found out also run the IPC!!!!!!
It stated that If i felt there was a reason for non payment I can go online and contest. I tried but their systems dont work online. Click on anything and it takes you to a payment page.
On the letter there was a slip to send off if you required a a papercopy of the contest form.
I sent this off via recorded delivery but no reply. They definitely recieved it as I have the proof reciept and tracking number.
I managed to find an email address so I sent a complaint. They blanked me and were adamant I had to pay. I asked for video evidence of the incident and all I got were pics of the missus stood next to the car and then again stood next to the car 5 minutes later. These shots were taken from a distance zoomed in. As far as Im concerned how on earth can a still image prove there isnt a child present.
I then recieved a court claim form asking for 247.
I replied to this online and to be honest Id had enough of the harassment and offered to pay 135.
I then got an email from gladstones saying they are continuing and some garb about how mediation isnt needed and they want it decided on paper.
Im now at the stage where ive recieved a notice of proposed allocation to the small claims track.
it says It is now a defended claim and the defendant has filed a defence
I need to complete the claims directions questionnare and file it by 3rd May.
It asks about mediation and if I want to settle without a hearing.
Im completely lost please help out. I dint even know these forums existed until someone told me.
What do i do now?
Can i still contest it in court even though ive made an offer before.
If i lose is the judge really gonna make me pay £250.
Do i have an argument with regards to predatory tactics and the form i sent off recorded delivery to which i recieved no reply?
0
Comments
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Everyone is politely asked to read up on this in the Newbies FAQ thread near the top of the forum before starting a new thread
Go there now and concentrate on#2 which covers court action right through from the initial claim to the hearing. There's specific advice on the DQ0 -
Please show us the Defence you have filed.0
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Do you have a link to the newbies FAQ. as i can see it anywhere.
I havnt entered a defence yet. I need help with this0 -
The NEWBIES FAQ thread is one of the first four threads on the thread index page - that page where you found the 'new thread' button earlier.Do you have a link to the newbies FAQ. as i can see it anywhere.
You are looking for a thread entitled:
**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!
But you told us:I havnt entered a defence yet. I need help with this
It would not be a 'defended claim' if you haven't filed a Defence.Im now at the stage where ive recieved a notice of proposed allocation to the small claims track.
it says It is now a defended claim and the defendant has filed a defence
I need to complete the claims directions questionnare and file it by 3rd May.
What did you write in box 3 of the N9B form?0 -
You have, absolutely, filed a defence
So we need to know what this is. You may not have realised this was your defence, but it was.0 -
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.0 -
Thank you Le Kirk. I am doing some reading up0
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Soooo, is that ALL you put in as a defence? You will lose, of course. OUCH OUCH OUCH.I then recieved a court claim form asking for 247.
I replied to this online and to be honest Id had enough of the harassment and offered to pay 135.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 THREAD0 -
If i lose is the judge really gonna make me pay £250.
Bit premature C-M
Is this N-u-L? And did you take a pic of the wording on the signs and their location in the car park. You can only be liable IF the signs highlight this as being one of the "rules" there - and the signs were such they couldn't be missed.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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