PCN Appeal to IAS? ES Parking Enforcement

Kingofspain2k1

nosferatu1001 said:

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. 

Actually no I didn't know I would get a hearing date letter, all I was told was the response from the claimant needed to be received by the court and then the next step would be the "court file shall then be referred back to the District Judge Iyer". No mention of court dates.

nosferatu1001

Yes you did, its in the newbies thread, talking about the complete process. Its in every thread where people get to a hearing. 

Kingofspain2k1

I will rephrase...
I have yet to receive a Notice of Allocation and that is why I do not know when the hearing date is, and therefore the deadline for submitting a Witness Statement.
The last correspondence I received was a cc on a General Order from the Court requesting info from the Claimant and then the case file would be referred back to the Judge to review.

I have just received (to my current address) a letter from Gladstones titled "Without Prejudice Save as to Costs" and informing me of a personal data breach. I have attached photos. They have admitted that they added my change of address request to another file. They have included all the correspondence that was sent to the wrong address, including what they call the Claimant's WS. Apart from raising a complaint to the ICO I'm not sure whether I can leverage anything from this admitted breach. Perhaps request a stay on any future hearing date?




If Gladstones have submitted a WS, does that mean they are aware of a hearing date? I have not been given one and my last email to the Court never received a reply. I will chase again.

Redx

Yes chase again

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

I am not sure it helps you apart from clarifying why paperwork went astray

Maybe issue them with a drop hands offer , each side bearing their own costs ?

Prepare your WS plus Exhibits plus summary costs assessment anyway , once you have chased up any deadline dates

Le_Kirk

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.

Coupon-mad

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.

beamerguy

I agree with C-m, you cannot take their word that they have self reported to the ICO.
It is a serious breach and YOU must report them to the ICO and indeed the SRA who we understand are investigating Gladstones already.

This is gross incompetence by Gladstones, one of many

beamerguy

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.  You are a West Country man Le_Kirk, remember The Wurzels ?
Could this be their workplace

https://www.youtube.com/watch?v=lzGkB6YO9Yc

Le_Kirk

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.  You are a West Country man Le_Kirk, remember The Wurzels ?
Could this be their workplace
https://www.youtube.com/watch?v=lzGkB6YO9Yc

Whilst I am not West Country (the opposite in fact, the mystical East ................... of England), I do remember the Wurzels.  I despair sometimes (well OK all the time) when I see so called intelligent people - including solicitors - on quiz programmes who don't seem to have common sense or basic general knowledge.

beamerguy

Le_Kirk said:

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.  You are a West Country man Le_Kirk, remember The Wurzels ?
Could this be their workplace
https://www.youtube.com/watch?v=lzGkB6YO9Yc

Whilst I am not West Country (the opposite in fact, the mystical East ................... of England), I do remember the Wurzels.  I despair sometimes (well OK all the time) when I see so called intelligent people - including solicitors - on quiz programmes who don't seem to have common sense or basic general knowledge.

Sorry, thought you were Dorset way ?