PCN Appeal to IAS? ES Parking Enforcement

nosferatu1001

Yes. Show us a copy of the Order as well. Just in case!
Your SAR?

Kingofspain2k1

Sadly my girlfriend thinks she may have thrown it away by mistake.
The SAR came through eventually in the end. Included more photos, some with baked in time stamps, some without. At least I have now finally seen the evidence for the second mystery offence.

Coupon-mad

Kingofspain2k1 said:

UPDATE
Received a letter from the court requesting the Claimant submit their reasons for bringing the claim by 18 April 2020. No mention of any action that I should be taking from what I can see.

That's very good to hear.  Which court is pressuring the Claimant like that?!

Kingofspain2k1

UPDATE
The letter turned up - it says:

It is ordered that

1. The Claimant must, by 4pm on 8 April 2020 send to the court and the Defendant a 1-page statement identifying the specific term(s) of the contract alleged to have been broken and what breach or breaches were. In default of compliance, the claim be struck out. A generic response which does not respond to this order will be treated as non-compliance.

2. The court file shall then be referred back to District Judge Iyer (County Court at Manchester).

I assume this is the request for the claimant witness statement, because a copy of which has only come into my possession...
Low and behold, Gladstone Solicitors, despite my change of address request from months ago, sent the statement and associated documents to my old address! Because of COVID-19 measures and my Mum being in the most vulnerable category, this weekend was the first time in over three months in which I've been able to see her (albeit from a safe 2m distance!). i left with a small pile of mail, including this from Gladstones.

The letter is dated 6th April so looks like it was sent in time. But are there grounds here to have the claim thrown out? I could write to the court and say I have still yet to receive the witness statement to my address (all the court correspondence has the correct address on it, and given my explicit statement asking them to remove my old address from both ESPE and Gladstone's records, there really is no excuse for correspondence to continue to be sent to the old address).

I'd be very interested to know people's thoughts. I currently don't have any further correspondence from either Gladstones or the Court. I imagine COVID is holding up things with the Court?

nosferatu1001

1) No, thts is of course not a witness statement. A WS is s statement of facts a witness saw or knew. This is instead what specific terms are alleged to be breached - a real particular of claim, in essence. 
If theyve served on your old address, despite KNOWING you new address, you must must must  complain as they will send their WS to this old address, and you cannot miss this. 
What is the deadline for YOU to file your WS, and by definition THEIR deadline? Unless your court order specifically states sequential service?

Coupon-mad

Also reprort Gladstones to the SRA and ICO.  Both complaints can be done online/by email.

Show them both the proof that you told Gladstones your new address for service and Gs should have erased the old address but instead, they stored that old data and used it again, which meant their letter went to a vulnerable person's house during lockdown and remained unseen for 2 months.

In both cases the complaints you are lodging are about Gladstones, no other firm.

Kingofspain2k1

nosferatu1001 said:

1) No, thts is of course not a witness statement. A WS is s statement of facts a witness saw or knew. This is instead what specific terms are alleged to be breached - a real particular of claim, in essence. 
If theyve served on your old address, despite KNOWING you new address, you must must must  complain as they will send their WS to this old address, and you cannot miss this. 
What is the deadline for YOU to file your WS, and by definition THEIR deadline? Unless your court order specifically states sequential service?

What Gladstones sent through they cover lettered it with "Witness Statement", and included all the evidence such as maps, photos, signage, etc.

I do not know my deadline for my WS. The last correspondence I received from the court was the letter I quoted in my previous post, which I received back in March. 

Kingofspain2k1

Coupon-mad said:

Also reprort Gladstones to the SRA and ICO.  Both complaints can be done online/by email.

Show them both the proof that you told Gladstones your new address for service and Gs should have erased the old address but instead, they stored that old data and used it again, which meant their letter went to a vulnerable person's house duing lockdown and remained unseen for 2 months.

In both cases the complaints you are lodging are about Gladstones, no other firm.

Will do. Letter to Gladstones was sent on 27 December 2019, in which included the following...

"Since the above claim was not sent to my current address, I also politely ask that you erase the old address from your records and advise all of your agents holding this information to do the same. For all future correspondence in this matter please use the address in the letterhead."

I will also email Gladstones to complain directly and attach the letter as a pdf

Is it worth me contacting the court to explain, in case I have missed a deadline as a result?

KeithP

Is it worth me contacting the court to explain, in case I have missed a deadline as a result?

Yes of course it is. The exorbitant cost of an email is well justified.

nosferatu1001

Kingofspain2k1 said:

nosferatu1001 said:

1) No, thts is of course not a witness statement. A WS is s statement of facts a witness saw or knew. This is instead what specific terms are alleged to be breached - a real particular of claim, in essence. 
If theyve served on your old address, despite KNOWING you new address, you must must must  complain as they will send their WS to this old address, and you cannot miss this. 
What is the deadline for YOU to file your WS, and by definition THEIR deadline? Unless your court order specifically states sequential service?

What Gladstones sent through they cover lettered it with "Witness Statement", and included all the evidence such as maps, photos, signage, etc.

I do not know my deadline for my WS. The last correspondence I received from the court was the letter I quoted in my previous post, which I received back in March. 

So you knew youi would get a hearing date letter through, and that its absence should be something you would be concerned about
If you dont want to file a WS, dont, but you will lose, almost certainly, and might get costs against you. Find out when you should file, or should have filed, your WS.