Parking in Garage/McDonalds

RedPen50

Hi KeithP, I wasn't criticizing your suggestion, merely summing up. Looking at the WS I have just re-sent, do you think I have put more in for the sake of it? Shall I cut it back a bit?

RedPen50

Hi Guys - just about the email everything off yesterday and drop the hard copy file off at court, when I finally managed to get hold of the manager at the Salterhebble Garage. He was very nice, to be fair, and asked for a copy of my cousin's appointment letter, which I provided, and he said he would contact Esso and plead my case being it was on 'medical grounds'. Not sure if I should still email/drop off the file(s) if there is a chance that Esso might retract the parking fine. What do you think?

RedPen50

Sorry, forgot to say that I also received Gladstones' witness statement etc yesterday (28th Dec). They say that they might - might not -attend court, please see below:


'The assumption is that our client is not attending the hearing and therefore we kindly ask that this notice be notice pursuant to CPR 27.9.'


They go on to say that their client, on some occasions, may attend court. Is this normal or are they playing about?>=

Umkomaas

Not sure if I should still email/drop off the file(s) if there is a chance that Esso might retract the parking fine. What do you think?

You continue along the court path until the court, or the claimant, or their solicitors confirm in writing to you that the case is discontinued.

Relying on a third party contacting a further third party to cancel this so close to a court hearing looks a very risky strategy to me.

RedPen50

That sounds fab, Umkomaas, many thanks - I'll go ahead with preparing and delivering the file as planned.

Redx

GLADRAGS were hedging their bets in case the client swings one way or the other, nothing sinister in that, none of these cases are black and white


even if ESSO were to cancel the pcn, they are not the climant and they did not file the court claim


it helps if you have a WS from them that cancels the pcn and doesnt want court action, even at this late stage, but it makes little difference to the court case rollercoaster


as UMK says, its down to the claimant (and/or their solicitors) or the court to discontinue , not ESSO

RedPen50

Thanks RedX, wasn't aware of that, I thought it would be down to Esso (learning something new every time I come onto this site lol) The manager has my email address and mobile number and he said he would let me know the outcome asap but I am hand-delivering the file at Bradford Court tomorrow, just in case

Redx

it may well have been down to ESSO when you first received the pcn, which is why we tell people to complain to the landowner ASAP following a pcn

but the parking contract is subcontracted to the PPC and your court claim is from the PPC as claimant, not from esso

having the landowner on your side may help you, but may well be too late to be of use, only the judge can decide

meanwhile, you proceed as normal due to a live court claim that is in progress from the PPC and hasnt been struck out or discontinued

RedPen50

Fab, thanks. On a bit of a downer - just been finalising my paperwork and I came across something on Hx Car Park's website, saying they had been mentioned in a parliamentary review. Looking at pages 40-43, I couldn't believe the story was about how Hx Car Park are working towards making the car park industry better and that they know there are bad feelings out there but they are working towards their goals, bla bla bla. What's going on with that? They even mention Sir Greg Knight. Not sure if I can use this point as I had done in my defence as they are sure to just bring up this review and say 'look how good we are, how can you not pay?' Getting annoyed and despondent at the same time.

RedPen50

Ok guys, I have completed my 'bundle' and emailed both Gladstones and the Bradford County Court. I am going to hand-deliver a file copy tomorrow morning, just in case. Such a relief to get all this in - was a bigger job than it first looked. I know there's still more hard work ahead though, to make sure that I have my court plan together so I can answer any silly questions that might come my way.
Just want to thank everyone who has helped me so far, especially Coupon Mad, KeithP, RedX, Umkomaas, I couldn't have got this far without your advice (I do admit at the beginning thinking it would just be easier to pay the fine - but then I got annoyed at how these companies are bullying the everyday motorist). Lets see what happens - I will update you if I hear anything x