PCN Appeal to IAS? ES Parking Enforcement

Umkomaas

beamerguy said:

Le_Kirk said:

They need to add another item to their list of remedial steps: -
6. Take some lessons in letter writing and, in particular GRAMMAR.  It's awful.

Amazing what we see from these so called professionals regarding Grammer, school kids can do better. 

Oh dear! 👩‍🎓

Kingofspain2k1

Coupon-mad said:

They have self reported to the ICO and taken reasonable steps to rectify the situation

No, they only say that they have!

So the OP should immediately report Gladstones to the ICO and the SRA as a formal complaint about their handling of his/her data which has prejudiced the case, and then send a copy of those reports to DJ Iyer and Gladstones' letter and state that you wish for this to be added to the court file because it is part and parcel of a course of conduct of unreasonable conduct by this Claimant and their solicitors.  

Finish by asking DJ Iyer for Directions because you are confused as to why the Claimant appears to have had an opportunity to prepare a witness statement (that they now admit was sent to an old address) and yet you have not seen anything directing you to do so, nor a court date.  

State that you hope the court will strike the claim out now due to abuse of process and put an end to the matter.

Copy in Gladstones (you have to). 
Make sure you do report them to the SRA for breach of professional standards.

This is wonderful advice CM, much appreciated.

My concern is that I never received a response from the Court in any form regarding the email I sent to them querying the lack of correspondence regarding the case since march (it's been almost a month since I sent that email). I'm hoping that it's just been lost in the covid shuffle. But is it possible it has been ignored because it hasn't followed a particular email structure/format? I noticed in their automatic reply that there is a table at the bottom:



If I send an email with the content CM has advised, what should I be selecting from the above for the email subject Correspondence between parties?

Coupon-mad

I think put the claim number and correspondence between parties and request for Directions

Kingofspain2k1

I have asked for clarification for a court date/WS deadline, as I don't want to delay that any longer and risk missing a deadline.

Should I wait for reports back from SRA and ICO before sending everything else onto Judge Iyer as well as asking him for Directions and to strike the claim our? Or would copies of my complaints to the above bodies suffice, along with the correspondence I've just received from Gladstones?

Kingofspain2k1

I have received an email response from the Court to my email asking whether any hearing date had been set:

"I acknowledge receipt of your email below, the Court file will be referred to District Judge Iyer for directions following the order attached." (they attached the General Order that I received back in March asking for further information from the Claimant).

Kingofspain2k1

CASE UPDATE

I have this week received a Notice of Allocation to the Small Claims Track. Judge Iyer however proposes to dispose of the claim  without a hearing. The letter goes onto explain how I need to send back a completed N159 form which asks me whether or not I agree to go ahead without a hearing. Not sure whether to or not, I do have some video evidence but it is not clear whether this would be submittable under paper disposal. Although the prospect of not having to attend a court hearing is appealing.

Any advice on whether or not to agree to the paper disposal?

beamerguy

Judge Iyer rings a bell on here, have you done a search ?
Which court will this be ?

Kingofspain2k1

Wow you wait months for an update and then two arrive at once... I have just received an email from Gladstones which reads as follows:

"You may now have received a copy of the Notice of Allocation to the Small Claims Track (no hearing) dated 31 December 2020; I have attached a further copy for your ease of reference.

Whilst we believe our Client will be successful in this Claim, as it has come to our attention you have not been served in accordance with the Order dated 18 March 2020, our Client is agreeable to discontinue this Claim against you providing you do not seek an Order for costs.

I would be grateful if you could confirm whether you are agreeable to this proposal, i.e. the Claim be discontinued and there be no Order as to Costs, by 20 January 2021. Upon receipt of confirmation of the same, I will arrange for a Notice of Discontinuance to be filed with the Court and a copy served on you."

So this sounds like they are asking to call it a draw and everyone just walks away without any punitive costs on either side?

KeithP

Kingofspain2k1 said:

Any advice on whether or not to agree to the paper disposal?

Yes. Don't do it.

beamerguy

YES THEY ARE ....... Gladstones are throwing in the towel with gibberish included

So advise them that you agree to this subject to receiving a notice they have discontinued

Unless of course you wish to proceed with costs