Gladstones Court Date 8th Nov

pcnchallenger

Hi everyone,

Background:
- Received a Parking Charge Notice on 31/03/2018
- I failed to see any parking signage as it was dark and the car park was dimly lit
- I later saw that the badly displayed signage stated "Customer Parking Only" and I was actually a customer at the business in question at the time of the alleged intervention
- Ignored debt collectors letters
- Gladstones sent LBC
- Submitted AoS and Defence on MCOL
- Court date has now been set for 8th Nov

I have one big issue at the moment which is that I am away on 8th Nov! Is there any way of changing the court date?

Defence
https /drive.google.com/file/d/1uQtQfZdGpebmf2Fm64CRWwBBnbsk_IRu/view?usp=sharing

Claimant WS
https /drive.google.com/file/d/1JZf46FfGLeDPP5yS7nJa6uki4n2C5vZN/view?usp=sharing

Claimant Evidence
https /drive.google.com/file/d/1kKnEN0CSV2s9hyakl8kNNA--2LSgRylH/view?usp=sharing

I need to write out my Witness Statement now and submit it to the court.

Any advice would be highly appreciated!

beamerguy

CLAIMANT WS

https://drive.google.com/file/d/1JZf46FfGLeDPP5yS7nJa6uki4n2C5vZN/view?usp=sharing

18. My Company is an Accredited Operator of the International Parking Community (IPC) who
prescribes a maximum charge of £100. The Code of Practice states:

(Put bluntly, they are members of a scam set up by Gladstones)

"Where a parking charge becomes overdue a reasonable sum may be added. This sum must not exceed £60 (inclusive of VAT where applicable) unless Court Proceedings have been initiated."

The IPC CoP just like the BPA CoP, is a code of practice for PPC's and the motorist, who is not a member of either ATA, cannot be bound by either CoP

The law being POFA2012 very clearly states ....
(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper

Then there is the BEAVIS case they refer to. Within the ruling, the Supreme court ruled .....
198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...''

In other words this means that a ticket for £100 includes all business costs

The IPC code is saying that their member PPC's can break the law and ignore the ruling of the Supreme court and saying ..
Where there is a prospect of additional charges,

The law does not provide for additional charges and as the Supreme court quotes that a parking ticket charge enables the operator to cover it's costs.

You will appear before a judge who must be made aware of your rights under the law to which you expect the court to honour.
The IPC code of practice is NOT a law

"21. The debt has, as a result of this referral risen as my Company’s staff have spent time and material in facilitating the recovery of this debt."

Does this company director wish to circumvent the Supreme Court
who very clearly stated ...
"198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...''

Hence, that is your reliance regarding the Beavis case

That is why this claim contains ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

pcnchallenger

Thanks beamerguy. That's very helpful!

With that in mind, any advice on writing the WS? Should I use Coupon-mad's post #14 as my WS to highlight the abuse of process?

Also, do you know if there is a way of changing the court date? I'll be travelling back to the UK on the date set so I won't be able to attend unfortunately.

beamerguy

pcnchallenger wrote: »

Thanks beamerguy. That's very helpful!

With that in mind, any advice on writing the WS? Should I use Coupon-mad's post #14 as my WS to highlight the abuse of process?

Also, do you know if there is a way of changing the court date? I'll be travelling back to the UK on the date set so I won't be able to attend unfortunately.

Yes, you must include coupon-mad's full text. Wait for others to advise you further please

[Deleted User]

Start by preparing a statement that tells your story. Don't make the mistake of churning out generic puff like that.

Then go back and add in some specific legal points relevant to your defence and eg Beavis.

Incidentally, that statement is said to be that of the MD of a parking company. Someone on here will be able to provide you with a near identically worded statement signed by someone else, thereby giving rise to the argument that this is a statement heavy on legal argument, light on fact, with an e-signature and may not have been seen or individually approved for this case at all if it's not been individually approved, that could give rise to problems... https://www.civillitigationbrief.com/2019/05/21/signatures-electronic-signatures-and-statements-of-truth-a-brief-refresher/

The MD sure as hell ain't turning up for cross exam, so these could be difficult points for the claimant to answer.

Le_Kirk

The only way you can (possibly) have the court date moved is to enquire of the court. Did you indicate any dates when you would not be available when you completed and submitted your DQ?

pcnchallenger

Thanks everyone for your help. I spoke to someone from the Court and they asked me to send in a covering letter instead.

How do you find out whether Gladstone have paid the £25 court fee or not? Today is their deadline to pay.

Coupon-mad

You know they almost certainly will, so carry on with your WS as per Johnersh's advice.

[Deleted User]

Do make sure you hunt for a similar statement to give weight to your argument that it is not specific to your case and that no proper weight should be given to it...

fastnfurious123

pcnchallenger wrote: »

Thanks everyone for your help. I spoke to someone from the Court and they asked me to send in a covering letter instead.

How do you find out whether Gladstone have paid the £25 court fee or not? Today is their deadline to pay.

In my case they had to make the £25 hearing payment by 11th oct for hearing on 28th Oct. I wrote to the court by emails to check if the payment was made. Then followed it up with a calls 2 days later. The court confirmed that no payment was made and the case was struck off. Next day I received a letter from the court confirming that the claim was struck off. Suggest you do the same. Will save you hours prep. good luck.