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County Court defence v Gladstones claim

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Comments

  • Peabo
    Peabo Posts: 26 Forumite
    What do you mean, this lot?
    No, the risk could be in terms of potential judgement against the defendant, and possible action around the new GDPR rules.
    How do you mean 'admitting signage problems'? They are not the PPC. How will it help?
    It would be an employee of the PPA recognising their signage is not viable, as a witness?
    Did you tell them you were recording the call?
    If the PPA rep on the ground were to be recorded, it would be covertly
    Have they contacted you since? Watch out for new posters sending you a pm...or if you get a threatogram email or letter from them, tell us.
    No, I am pleased to say they haven't, and if they do, you guys would be the first to hear about it, for sure, thank you.
  • Peabo
    Peabo Posts: 26 Forumite
    Hi folks,
    Gladstones have served their witness statement that arrived last night, a 42 page document for a hearing that is 10am next Tuesday - not as directed by the court, i.e. 14 days prior to hearing, as I have done.

    If anyone can direct me to a thread where that will assist me to challenge their robostatement of 33 paragraphs that seem to cover nearly every eventuality, it would really help. Especially where they state their company relies on Parking Eye -v- Beavis [2015] that I understand form the threads was not a pay and display decision, as my case is about.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 19 January 2019 at 7:38PM
    Peabo wrote: »
    Especially where they state their company relies on Parking Eye -v- Beavis [2015] that I understand form the threads was not a pay and display decision, as my case is about.

    They are as mad as hatters, even more crazy than the March Hare ?
    They live in the clouds

    BEAVIS v PARKING EYE in the Supreme Court
    Often, these powerless debt collectors make reference
    to the Parking Eye/Supreme court case ? They seem to
    think that this is the key for them to extort money from
    you.
    Barry Beavis took Parking Eye to court because he claimed
    the charges were unfair. The court said they were ... and
    that was it. So unless you are claiming that the charge
    was unfair, the Supreme court decision has no bearing
    on you and it's yet more rubbish that debt crawlers use


    The judge will have another good laugh at Gladstones
  • Coupon-mad
    Coupon-mad Posts: 156,238 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 January 2019 at 7:59PM
    At the hearing, tell the Judge first, that you wish to object to the very late service of the WS and evidence, which is inexcusable and arrived (by email?) on Friday night, 42 pages they expected you to read & digest over the weekend, and with the huge advantage of having read your own WS and evidence which was served correctly.

    Now, look up Dammermann and Denton on costs for unreasonableness, learn what this means for you.

    Ask the Judge to strike their WS & evidence out as inadmissible, as a firm of solicitors has no excuse, nor can they expect 'relief from sanctions'.

    Ask that FIRST when the hearing commences, whether the rep bleats or not.

    Do not agree to any adjournment 'for you to read the WS' - NO, they have no excuse and you've spent months on this and you managed to comply, as well as missing a day's work to turn up. Refer to the cases of Denton and Dammermann (read them) and ask for your costs on the 'indemnity' basis.

    On Monday, file (to the court) and serve (to the solicitors) a very detailed costs schedule like the one in the NEWBIES thread. Make it HIGH and include all your hours at £19 per hour. Do that 24 hours before. Look at sassi's version!!

    Take proof of your wages or leave missed for the day at the hearing.

    Also don't forget to print out PROOF that you served your WS and evidence, as we keep seeing reps lying that the Defendant's own WS wasn't served. Be ready for that.
    robostatement of 33 paragraphs that seem to cover nearly every eventuality,
    No, it doesn't! READ IT PROPERLY - it is all a template.

    No link, look at ANY other Gladstones claim case already won and then look back at their WS...it will be the same as yours, and people will have posted how they rebutted it, and that when they read it closely they spotted holes in the robo argument.

    Search for Gladstones another one bites the dust on this forum. Read what others did. That is your homework for this weekend!

    :)
    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
  • Peabo
    Peabo Posts: 26 Forumite
    Thanks guys
  • Le_Kirk
    Le_Kirk Posts: 25,342 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Peabo wrote: »
    Thanks guys
    .......... and Gal
  • Which court is this due to be heard at?
  • Peabo
    Peabo Posts: 26 Forumite
    Clerkenwell and Shoreditch County Court and Family Court
  • Coupon-mad
    Coupon-mad Posts: 156,238 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK, they do see a lot of PPC cases, and you might want to search the forum for:

    Clerkenwell another one bites the dust

    to find all the wins, what to expect, and what the Judges are like, etc.
    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
  • Umkomaas
    Umkomaas Posts: 43,912 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I get the impression that Clerkenwell and Shoreditch have been generally empathetic towards the plight of the motorist against the PPC behemoth.

    Usual caveat - never second guess any Judge! :)
    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
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