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Court Date Early Jan - Gladstones
5thAttemptAtUserName
Posts: 18 Forumite
Thank you to everyone for the massive amount of work you have already done. (I'm not yet allowed to post links, but please see sticky threads if you are new here)
I have been awful keeping track of dates, Newton Abbot CC seems closed today, so I will need to check my court date on Monday morning (from my bad memory is the 7th Jan).
I wonder if this is a new one on any of you folks? Horizon Parking Limited have claimed that I parked on the Fore Street in Totnes in 2017. All the images they have is a car I am keeper of in a private car park - not a street at all.
What I did right: I ignored everything until pre court letter.
What I've got wrong: My defence is written as a lay person, I have requested none of the Claimants info, I have lost track of dates.
My Defence: I have never parked on Fore Street Totnes.
Their evidence: Images of maps that do not contain any part of Fore Street. Images of my car in private car park (ie not a street). Images of signs + written statement from the company owner saying he has authority.
I *think* I have missed the deadline for submitting documents in my defence, I have a map showing that the private land is at some distance from Fore Street, for example.
I am hoping to be able to ask a question in court, simply if the Gladstones solicitor could point to any aspect of the Fore Street in any of the 15 images supplied (I've gone through the images and the Fore Street isn't pictured whatsoever in any).
I'm not too worried, thanks to the advice already given, specifically: no judgement will result in CCJ & in the court case any money I pay may well be reduced. So thanks already - I'm posting here to log progress and maybe advice for on the day.
I have been awful keeping track of dates, Newton Abbot CC seems closed today, so I will need to check my court date on Monday morning (from my bad memory is the 7th Jan).
I wonder if this is a new one on any of you folks? Horizon Parking Limited have claimed that I parked on the Fore Street in Totnes in 2017. All the images they have is a car I am keeper of in a private car park - not a street at all.
What I did right: I ignored everything until pre court letter.
What I've got wrong: My defence is written as a lay person, I have requested none of the Claimants info, I have lost track of dates.
My Defence: I have never parked on Fore Street Totnes.
Their evidence: Images of maps that do not contain any part of Fore Street. Images of my car in private car park (ie not a street). Images of signs + written statement from the company owner saying he has authority.
I *think* I have missed the deadline for submitting documents in my defence, I have a map showing that the private land is at some distance from Fore Street, for example.
I am hoping to be able to ask a question in court, simply if the Gladstones solicitor could point to any aspect of the Fore Street in any of the 15 images supplied (I've gone through the images and the Fore Street isn't pictured whatsoever in any).
I'm not too worried, thanks to the advice already given, specifically: no judgement will result in CCJ & in the court case any money I pay may well be reduced. So thanks already - I'm posting here to log progress and maybe advice for on the day.
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Comments
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The joke of the company called Gladstones
Did they add a fake £60 to their claim ?0 -
Get the WS plus Exhibits plus costs schedule done and submitted to the court and claimant asap , preferably in person on Monday and emailed and posted as well to the claimant asap0
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he joke of the company called Gladstones
Did they add a fake £60 to their claim ?
If they did, read this
https://forums.moneysavingexpert.com/discussion/6014081
and there is a good defence on here,
https://forums.moneysavingexpert.com/discussion/6028938
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]You never know how far you can go until you go too far.0 -
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Read post #5 of the newbies faq sticky thread for acronyms0
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5thAttemptAtUserName wrote: »Yes, the claim amount is at least £150 (I think the court fees were low, perhaps £25?)
The claim will show £60 claimed as ??????? whatever they it's rubbish, Gladstones know this .. it's a fake try on
ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081
Go to post # 14 by coupon-mad and use the text in your defence0 -
5thAttemptAtUserName wrote: »Forgive me... what is WS?
It's a Witness Statement.
In one of the letters you received from the Court, it will have said that you must file and serve a WS, and any evidence relied upon, by not later than 14 days before the hearing.
If that is on 7 Jan, the deadline would have been 24 Dec, so you've already missed that. You can't just rock up at court with no WS and expect to win your case, in fact the Judge may well decide to strike out your Defence and award Judgment to the Claimant.
I suggest that you get that drafted and filed and served asap, and include an application for relief from sanctions due to late service.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
I might have filled a WS in. I've been in a right state with depression and losing sleep, I don't know what I've actually done.
I'll try and find how to submit a WS and also how to apply for relief from sanctions.
Oh dear, my relief upon finding this forum may have been premature.0 -
I've been in a right state with depression and losing sleep,
I hope that this is not because of this ticket. It is a very trivial matter, many millions are issued a year, and more and more frequently are judges recognising them as the scams they are and giving the scammers short shrift.
Have you complained to your MP yet?You never know how far you can go until you go too far.0
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