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Judge Iyer request to deal on papers

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Comments

  • ld123
    ld123 Posts: 45 Forumite
    Fourth Anniversary 10 Posts
    Absolutely - and I salute you all for taking the time to help us all out, it can’t be easy!

    I essentially wanted to know if I needed to include everything in the aforementioned list within the evidence?
  • Coupon-mad
    Coupon-mad Posts: 155,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not these which are statutory Acts, court rules, and a Supreme Court decision DJ Iyer ("The PPC killer in human form") knows well:
    5. Consumer Rights Act 2015.
    6. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
    7. ParkingEye Ltd v Beavis (2015) UKSC 67 distinguished
    8. Section 69 of the CRA 2015
    9. Rule 3.4(2)(a) of PRACTICE DIRECTION 3A
    10. (Part 16.4(1)(a) and PRACTICE DIRECTION 16 paragraphs 3.1-3.8)

    Can you get any proof of trying to pay that day? If you haven't got anything/screenshot, ring up the pay by phone company and ask for the data trail from that payment that failed and if they refuse, ask for it under a SAR. Show DJ Iyer the proof of payment attempt and that dovetails well with Jolley v Carmel.
    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
  • ld123
    ld123 Posts: 45 Forumite
    Fourth Anniversary 10 Posts
    Hi all

    So, as I was polishing off the finishing touches to my witness statement, I’ve just received an email from Gladstones with a notice of discontinuance of the claim! Luckily I hadn’t wasted the postage on my witness statement just yet :)

    Thank you again for all the help on this - None of us could do it without you!
  • Umkomaas
    Umkomaas Posts: 43,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I!!!8217;ve just received an email from Gladstones with a notice of discontinuance of the claim!
    No doubt they knew what was coming their way from DJ Iyer!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I would take a punt and write to the court, looking fo rth hearing to be turned into a hearing on costs

    They have no reason to discontinue now, as they have no further info than they should have had before the court claim was issued.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ld123 wrote: »
    Hi all

    So, as I was polishing off the finishing touches to my witness statement, I’ve just received an email from Gladstones with a notice of discontinuance of the claim! Luckily I hadn’t wasted the postage on my witness statement just yet :)

    Thank you again for all the help on this - None of us could do it without you!

    At least you know Gladstones were scamming you
    otherwise they would not discontinue:eek:

    good news
  • Half_way
    Half_way Posts: 7,528 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Before you start celebrating, check with the court that it has been discontinued, o wouldn't put it past then to say it's been discontinued, then to press on and obtain adefault judgement
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • System
    System Posts: 178,367 Community Admin
    10,000 Posts Photogenic Name Dropper
    I!!!8217;ve just received an email from Gladstones with a notice of discontinuance of the claim!
    wouldn't put it past then to say it's been discontinued, then to press on and obtain adefault judgement

    Would love this as it would give the court the chance to give an "officer of the court" some porridge time. We can always hope.
    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: 155,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay, another one bites the dust! :T
    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
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