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HX Parking Fine - Gladstone Letter Before Claim Recieved. Please Help a Stressed Out New Mum.

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Comments

  • D_P_Dance said:
    I am struggling to see how much of this helps stressed out new mum.  
    Sorry you are struggling.  Hopefully stressed out new mum has got the answers she needs so far  (or obviously can come back anytime) and she and other victims may be interested to know more about what is going on in the background.   Zhong
  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
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    Zhong, do you no think that some of this is may be too much information.  
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture First Post Name Dropper Photogenic
    .

    There has to be some protection for landowners as it would otherwise be chaos but the ATAs must go in place of a properly independent appeals system - and a fine for any parking operator in breach of its code of conduct.  
    I agree landowners need protection but as proven to them, they are not, all they take on are money farmers

    ATA's fining companies ???? Never happen, they would lose their income stream
    The BPA has turned itself into a joke and we all know that the IPC was set up as an income stream for the incompetent Gladstones

    Getting rid of the two ATA jokers would be a good start with government controlled system that does not have a conflict with money and fairness
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    The uk is the only eu country I know that has private firms doing this. So no, do t have private firms do it, have it properly regulated and operated by the council. 
  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    10,000 Posts First Anniversary Name Dropper
    The uk is the only eu country I know that has private firms doing this.

    It is the only country in the world I know of doing this.  
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 42,015 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    D_P_Dance said:
    The uk is the only eu country I know that has private firms doing this.

    It is the only country in the world I know of doing this.  
    It's rife in Australia. That's Smart Parking's Genesis. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    10,000 Posts First Anniversary Name Dropper
    Really,  somehow I cannot imagine the average Australian putting up with this.  
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 42,015 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    D_P_Dance said:
    Really,  somehow I cannot imagine the average Australian putting up with this.  
    https://finefixer.org.au/fine-option/what-to-do-with-private-parking-fines/


    Same Sh*t Different Dogs!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hi all I'm back again as promised when I had some new updates.

    So today we have received a claims form for the county court!! It's starting to feel quite daunting now but I know with your help and guidance it is possible to sort this out.

    The form gives 4 options:

    1) admit the whole amount and request time to pay
    2) admit part of the amount claimed
    3) dispute the whole claim and wish to make a counterclaim against the claimant
    4) if you need 28 days (rather the 14) from the date of service to prepare your defence , or wish to contest the courts judgement.

    I'm not wholly sure if we should be doing number 3 or 4? 

    It also gives a small box to write the defence in on the forms but also an option to do so online at moneyclaim.gov.uk am I right in thinking it is best to use the online option especially given how slow post is at present due to the virus and this will also prevent the response getting lost in the post? If so what on earth do I put here that we've not already said?

    Additionally I have 2 further questions (I'm sure there will be more but I'm battling against typing whilst baby naps so I'm trying to get this down as quick as possible.

    1. They sent the information for the SAR but within it they refused to give a log showing payments for vehicles on the date given as apparently its not pertinent to the PCN. They also ignore the whole issue of the scrapped car by simply saying thy have no pictures of it entering the car park.

    2. The claim letter rather ominously states if the claim results in judgement against us the details will be entered into a public register. these will then be passes to the credit reference agencies which will supply them to others seeking information on you. I thought if a judgement was made against us then we could just pay and there would be no CCJs or details entered elsewhere once payment was made is that not true?

    Sorry if any of this is a confusing mess but lack of sleep and this prolonged lockdown are doing me no favours. Any and all help  would be appreciated. Please and thank you in advance.
  • Umkomaas
    Umkomaas Posts: 42,015 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    There is a pictorial step by step guide to dealing with each step of the court paperwork  in the NEWBIES FAQ sticky, second post. Please go through that, it's just impossible to type out all the detail in each new case we deal with (dozens every week). Essential points at this stage:
    • Please provide Date Issued shown on the court claim form
    • You must acknowledge service of the claim (AOS), but wait for @KeithP to give you your timeline
    • Whatever else you do - do not write anything in to that small defence box; your Defence will be produced later (within 33 days of the Date Issued shown on the Claim) and will be sent (electronically) later.  
    Q1 - Par for the course. You should get it as part of the paperwork when it comes to the evidence exchange at the Witness Statement stage. 

    Q2 - A completely over the top threat (as usual). Your understanding of the reality is absolutely spot on. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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