PCN Appeal to IAS? ES Parking Enforcement

Umkomaas

beamerguy said:

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

Kingofspain2k1 said:

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?

They knew what was coming their way from Judge Iyer!  The 'Hanging Judge' as far as PPCs are concerned!

Redx

Judge Iyer is probably Manchester court !!

I suppose it's a question of costs or not , because agreeing seems to be a drop hands offer , with each side bearing their own costs

beamerguy

Redx said:

Judge Iyer is probably Manchester court !!

I suppose it's a question of costs or not , because agreeing seems to be a drop hands offer , with each side bearing their own costs

I think that the OP should play the game and suggest to Gladstones that in full and final settlement he will accept £100 to cover his costs which will close the matter.

What Gladstones will not know if it goes in front of DDJ Iyer, he could award more. 
The costs to Gladstones if it goes to court will cost them more anyway.

That offer would be time limited to 7 days for Gladstones

Coupon-mad

What was the order back in March that they didn't comply with?

The only difficulties with not accepting this discontinuance are:

(a) if you have costs you want to pursue, such as if there was a hearing you attended in 2020, and

(b) for the actual hearing you might not get Judge Iyer.  They are not all great Judges about PPCs at Manchester.

If you have not incurred costs then I'd accept it.

Kingofspain2k1

beamerguy said:

Redx said:

Judge Iyer is probably Manchester court !!

I suppose it's a question of costs or not , because agreeing seems to be a drop hands offer , with each side bearing their own costs

I think that the OP should play the game and suggest to Gladstones that in full and final settlement he will accept £100 to cover his costs which will close the matter.

What Gladstones will not know if it goes in front of DDJ Iyer, he could award more. 
The costs to Gladstones if it goes to court will cost them more anyway.

That offer would be time limited to 7 days for Gladstones

Coupon-mad said:

What was the order back in March that they didn't comply with?

The only difficulties with not accepting this discontinuance are:

(a) if you have costs you want to pursue, such as if there was a hearing you attended in 2020, and

(b) for the actual hearing you might not get Judge Iyer.  They are not all great Judges about PPCs at Manchester.

If you have not incurred costs then I'd accept it.

 In March they were ordered to set out their justification again for bringing the claim. They sent it to someone else. So I made the court aware of a data protection breach and reported them. They are probably just pointing at this knowing that Judge Iyer is presiding over the case as Umkomaas pointed out. And as tempting as it is to counter offer as beamerguy suggested, (there's a nice irony to be being paid £100 for refusing to pay £100!), I think I'd rather put this 19 month saga behind me and walk away.

This wouldn't have been possible at all without the wonderful support and knowledge on this forum. You all do a tremendous job for no reward and I have so much respect for you defending this cause in this way. Thank you very much.

Coupon-mad

A discontinuance is a win - ANOTHER ES PARKING / GLADSTONES ONE BITES THE DUST - hooray!

D_P_Dance

 I think I'd rather put this 19 month saga behind me and walk away.

first they came for the socialists!!

nosferatu1001

Indeed, it is a win. They're cuting their losses as they realise they are going to get raked over the coals for the data breach

D_P_Dance

you are in an excellent position to damage them, why not take it?

Kingofspain2k1

D_P_Dance said:

you are in an excellent position to damage them, why not take it?

Any suggestions on how to phrase the reply email to get these damages?