NPM Northampton - PCN for staying in car for 4 minutes

Coupon-mad

Not sure there's a rule either way but we've seen before that courts are usually flexible when both parties agree.

I'd query it or change your flight date.

loftytop15

Got the hearing date changed only AFTER i sent a complaint (through gov.uk) to the court regarding the incredibly slow email responses.

I was then sent this today by gladstones solicitor - anything of concern as to why theyd say no-show to now being present in court?

We refer to our letter dated 11th February 2025 serving the Claimant's Witness Statement. 

The letter included a Notice of Non-Attendance which was sent in error, no disrespect was intended to the Court or yourself.

We respectfully withdraw the Notice of Non-Attendance and confirm an Advocate on behalf of the Claimant will be in attendance at the hearing on the XXth May 2025.

Gr1pr

Gladstones never attend court hearings, attendance is up to the claimant to decide on

Claimants tend to send a 3rd party gun for hire advocate,  so nothing new here, quite common

Coupon-mad

They're sending a rep to argue a case where there was no fair consideration period offered and in fact no parking contract agreed?!

They hilariously say since i spent 4 minutes in the car park, its their "reasonable assumption" that i was parked. 

Coupon-mad

loftytop15 said:

claimant reasoning was something along the lines of "car must be pre-authorised to enter car park" **even though no signs outside and i stayed for 4mins.

They hilariously say since i spent 4 minutes in the car park, its their "reasonable assumption" that i was parked. 

The above is your main defence point.

No parking event. No contract!

Not convoluted arguments about 'prohibitive signs'. Hilarious that they're sending a rep to argue a case where there was no fair consideration period offered and in fact no parking contract agreed!

Don't forget your Preliminary Matter to raise first though. Before the case starts, straight after introductions:

"Judge: there's a preliminary matter: as raised in my defence; the claim should be struck out" (then take the judge to Chan & Akande that I hope were in your exhibits?).

loftytop15

@Coupon-mad - the exhibits in my witness statement?
Afraid not, from newbies post it said the witness statement was a fairly simple course of events. The exhibits i added include photos from outside the "car park" and their evidence that i only stayed 4 minutes from their license plate photos.
I must have missed if there was any extra things to add to the witness statement 

Coupon-mad

Surely they were in your defence though?

loftytop15

I believe i grabbed the defence template from newbies threas around October time - it has 30 points/paragraphs, none of which mention Chan/Akande. From this thread: https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

loftytop15

Have only just read/noticed i should have added the extra bit for Gladstones
So still start with "Judge: there's a preliminary matter: as raised in my defence; the claim should be struck out"
Anything useful after?
As you say, i will mainly be directing if asked as no parking contract and no consideration period. 

Coupon-mad

No you need to FILE AND SERVE in advance, this week, a skeleton Argument, attaching the transcripts of Chan and Akande and using the words you missed in your defence.