Gladstone solicitors ltd parking charge

Coupon-mad

tallac said:

I've now had a letter from the courts to say that the claim is being defended. It says the claim is suitable for small claims and that the form N180 must be filled in. This seems to ask if it is agreed that it is suitable for a small claim and if the court mediation service shoud be used? Doing a search on the forums indicates that mediation service for parking fines are a waste of time.

Am I right in saying that the form should be filled in as:

1. Agreeing that small claims court is suitable
2. Rejecting mediation service

Thank you
 

This is shown question by question in the NEWBIES thread.  Everything is in that thread.

tallac

Coupon-mad said:

tallac said:

I've now had a letter from the courts to say that the claim is being defended. It says the claim is suitable for small claims and that the form N180 must be filled in. This seems to ask if it is agreed that it is suitable for a small claim and if the court mediation service shoud be used? Doing a search on the forums indicates that mediation service for parking fines are a waste of time.

Am I right in saying that the form should be filled in as:

1. Agreeing that small claims court is suitable
2. Rejecting mediation service

Thank you
 

This is shown question by question in the NEWBIES thread.  Everything is in that thread.

Sorry, I do apologies. I'm finding the information on those threads to be quite hard to follow. I did do a search for mediation on the main thread but this didn't get any hit as the information you mentioned was in a separate thread. I did manage to find it in the end so thank you for this.

One thing that wasn't made clear, is if I wanted to be present and represent my parents for this case, is there something I need to enter specifically for this on the form? There isn't a box for this though?

Le_Kirk

The advice in the NEWBIE sticky is not to accept mediation.  Check out the lay representatives (rights of audience) order as this allow you to speak for the defendant (there is only one) and you just turn up for the hearing, along with the defendant and advise clerk to the court at your arrival that you will be lay repping.  Have a copy of the act with you.

Coupon-mad

tallac said:

Coupon-mad said:

tallac said:

I've now had a letter from the courts to say that the claim is being defended. It says the claim is suitable for small claims and that the form N180 must be filled in. This seems to ask if it is agreed that it is suitable for a small claim and if the court mediation service shoud be used? Doing a search on the forums indicates that mediation service for parking fines are a waste of time.

Am I right in saying that the form should be filled in as:

1. Agreeing that small claims court is suitable
2. Rejecting mediation service

Thank you
 

This is shown question by question in the NEWBIES thread.  Everything is in that thread.

Sorry, I do apologies. I'm finding the information on those threads to be quite hard to follow. I did do a search for mediation on the main thread but this didn't get any hit as the information you mentioned was in a separate thread. I did manage to find it in the end so thank you for this.

One thing that wasn't made clear, is if I wanted to be present and represent my parents for this case, is there something I need to enter specifically for this on the form? There isn't a box for this though?

No box to tick, because it's a legal right (as long as the D attends too). Defendants don't have to announce it, or ask for permission in advance.

tallac

Update on what's happened. My father has received some letters regarding this:

1. Letter from the court to say it's been allocated to the small claims track. A date for the hearing and a date for when to send documentation and witness statements.
2. A letter to state that Gladstones Solicitors will not be attending the final hearing and that the claim should be decided in its absence.
3. A whole load of pages filed on behalf of the parking management company which looks like the witness statement, all previous communication, appeal documents, images from the day of the event etc.

My father will be out of the country for a number of weeks. The start of which will be during the date of the hearing. I was planning to join him at the hearing to represent him on this day.

Q1: Is his attendance mandatory even though I'd be representing him?

Q2: If he cannot attend, then can he request postponing when he's back in the country?

Le_Kirk

Q1 Yes, even if he were in the country and you were lay repping, the defendant would need to be present
Q2 What did he put on the N180 (DQ) for dates when he could not attend?  If he covered his planned absence he should contact the court and request they offer him a new court date as they have made an error.  If he did not, there are five options
a) ask the clamant if they will agree to a new date, then
b) request a new date from the court for free
c) pay a fee for a new date
d) ask for the case to be heard "on the papers" - not recommended
e) request a telephone/video hearing

Coupon-mad

Oh no!  Why didn't he tell them before?

See this thread which explains the options and shows you the almost inevitable result of doing this (the case will likely be lost):

https://forums.moneysavingexpert.com/discussion/6472106/premier-parking-enforcement-court-claim/p8

Sadly he is no longer following forum advice and is now highly likely to lose the case.  He'd have to get VERY lucky to win now.  

You can't go instead, unless you also do a Witness Statement AND were in the car (only then would you be heard).

Expensive mistake, not emailing the court about that date.

tallac

I remember entering dates of unavailability in one of the forms that requested it (I presume it was the N180 form). I thought I was quite careful with saving all copies of received items as well as submissions but I can't seem to see anything in my folder about the N180.

Do you know how or where I can find the submitted info in the N180?

Le_Kirk

Presumably you returned it to the e-mail address in force at the time for CNBC, so I would start with a phone call there.

Coupon-mad

I think that's going to be a waste of time. Probably he only plotted a few months ahead.  It is somewhat astonishing how many defendants do that, then book a holiday and don't do the obvious email, telling their local court to add the fresh 'unavailable date'.

I am sorry. He will almost certainly lose now. Parties can't treat a court hearing like this.  He had to tell the local court in advance.

BUT:

The only way to change the date (fee-free) is to email the solicitor for the C and ask if they will kindly consent to the date of hearing being changed.

If they say no, it's £119 to apply.