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Gladstones taking me to court for UK CPM

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,987 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What a weird notice of allocation!  It says you have to "send the WS etc 14 days before the hearing" and "the hearing date will be sent to you later" and "if you cannot or choose not to attend you must write and tell the court seven days before the hearing" and "the hearing date will be sent to you later" How is anyone supposed to make sense of that?  Unless of course, you have had a subsequent letter, I think I would be phoning the court and asking for clearer directions!
  • Yettym
    Yettym Posts: 65 Forumite
    10 Posts First Anniversary Name Dropper
    Please read #6.
    Yes, but I don’t have a hearing date yet, Gladstones are yet to send me anything.
  • Yettym
    Yettym Posts: 65 Forumite
    10 Posts First Anniversary Name Dropper
    Le_Kirk said:
    What a weird notice of allocation!  It says you have to "send the WS etc 14 days before the hearing" and "the hearing date will be sent to you later" and "if you cannot or choose not to attend you must write and tell the court seven days before the hearing" and "the hearing date will be sent to you later" How is anyone supposed to make sense of that?  Unless of course, you have had a subsequent letter, I think I would be phoning the court and asking for clearer directions!
    Called severally with no response, will try again. Thank you 
  • Coupon-mad
    Coupon-mad Posts: 155,335 Forumite
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    Yettym said:
    Please read #6.
    Yes, but I don’t have a hearing date yet, Gladstones are yet to send me anything.
    I realise that but was just pointing out the bit that I think you'd said wasn't there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Johnersh
    Johnersh Posts: 1,570 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    That's not an unusual order for the courts, generally. 

    The court finishes for Easter shortly and will shut for summer vacation period. There is likely to be some backlog, too. That's not a huge amount of sitting time. So, a notice of trial will follow. 

    If you receive a separate notice for, say, September, then the dates for filing can be easily calculated. I don't think you're missing anything. 
  • Yettym
    Yettym Posts: 65 Forumite
    10 Posts First Anniversary Name Dropper
    Hi guys, 
    Thank you for all your continuous support, while I await the hearing date for the above case.  I received another LETTER BEFORE CLAIM from Gladstones. This is regarding another vehicle entirely.

    In 2019, the UK car park company issued  a PCN because the van was parked in the parking lots of the flat I used to live and they just gave a notice that  forbid parking of vans. The vehicle was a medium van owned and driven by my ex partner.
    When we received the PCN , I appealed  it (my mistake) stating that I owned it that i use it to take my kids to school. I defended it because I thought because my name was on the rent agreement and that the vehicle is used by my kids for school runs will make them cancel the PCN but I failed they declined.

    In September last year, while I was working on my defence on the current claim, remember I mentioned that I lost count of how many PCN I received from this same company while living in this address. A member here advised i request SAR which I did with no response. 
     
    Can you please advise on how to respond to this claim because I already implicate myself by stating that I owned the vehicle in my appeal . 
    PS( I don’t have the copy of the appeal unfortunately).
     Thank you 
  • Coupon-mad
    Coupon-mad Posts: 155,335 Forumite
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    edited 8 April 2022 at 1:41PM
    Follow up the SAR.  You sent it by email to the DPO of UKCPM, as per their privacy page?

    And use the Henderson/cause of action estoppel argument back at the solicitors who sent the LBC, telling them that the live claim xxxxxx will determine the issues and their client is too late to try for a second bite of the cherry.

    The fact that this is a different vehicle is no excuse.  Their client can see this is the same data subject, same name and address and exact same cash-cow location where they are milking authorised drivers of vast sums and making residents' lives a misery.  They had the opportunity to present their whole claim and they didn't, which is their loss.  A second claim would be an abuse of process caused by their own negligent data handling and so they must cease and desist.  

    In your search results (for some or all of the words in bold) change to 'newest' discussions and I'm sure you will find a thread or six where people have worded this well, at LBC stage. 

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Yettym
    Yettym Posts: 65 Forumite
    10 Posts First Anniversary Name Dropper
    Follow up the SAR.  You sent it by email to the DPO of UKCPM, as per their privacy page?

    And use the Henderson/cause of action estoppel argument back at the solicitors who sent the LBC, telling them that the live claim xxxxxx will determine the issues and their client is too late to try for a second bite of the cherry.

    The fact that this is a different vehicle is no excuse.  Their client can see this is the same data subject, same name and address and exact same cash-cow location where they are milking authorised drivers of vast sums and making residents' lives a misery.  They had the opportunity to present their whole claim and they didn't, which is their loss.  A second claim would be an abuse of process caused by their own negligent data handling and so they must cease and desist.  

    In your search results (for some or all of the words in bold) change to 'newest' discussions and I'm sure you will find a thread or six where people have worded this well, at LBC stage. 

    Thanks @Coupon-mad, this guys rarely return emails , yes I sent the SAR via email last year. 
    Are you suggesting i respond to this via the letter they post or the online form. 
    please where on the forum can I find an example.
    Also how can I put it to them that I requested for  SAR
  • Coupon-mad
    Coupon-mad Posts: 155,335 Forumite
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    edited 8 April 2022 at 2:14PM
    Are you suggesting i respond to this via the letter they post or the online form. 
    Neither.

    Do the SAR by email to their DPO, as the Newbies Thread explains.

    Do the reply to the solicitor by email too, or by their portal.

    Again, it looks like you haven't read the NEWBIES thread 2nd post which tells you about doing a SAR and replying to a LBC.

    I've told you how to find the extra words about Henderson v Henderson.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How to use the forum search function effectively. 


    This way you should get what you need. Follow the advice in it step by step. 
    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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