Horizon Tesco Kensington

brokeandfedup

hi,

I have a court date in 2 weeks . I need to send evidence today. I would like a pdf of the POPLA decision for that car park if possible please. As posted by Estevenin.thanks

Woodstok2000

@estevenin might not be on every day, so maybe give it a few days. You can still include all the details in your evidence without a pdf, then send it on later.

Le_Kirk

Send a PM to @estevenin using the envelope symbol at top right of page.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/6682913/horizon-tesco-kensington

That doesn't assist your WS. Judges don't read POPLA outcomes anyway and certainly not about another case.

This WS will need to include the observation that Gladstones have added a tenner to the claim (look at the PCN amount on the sign) and you can copy any of the WS in all or any of the Horizon Tesco Gladstones claim threads at the bottom of the posts on page 13 here:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-2025-now-lets-see-what-happens

They are already written there. Copy & adapt.

brokeandfedup

I sent my witness statement to the Court with supporting evidence and to Gladstones, who are acting on behalf of Horizon. Gladstones have not sent me anything. The hearing is Friday.
Any advice please?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82141947#Comment_82141947

Raise the missing WS as a preliminary matter at the start of the hearing, so first item on your list, stating that its unreasonable behaviour and ask for costs and damages because you have complied with the court order and they have not, despite them being a professional company ( lawyers. )

If it arrives in meantime, do the same thing, complaining about its lateness and ask for it to be struck out etc

There have been a few on here recently where Gladstones have dropped the ball, a pattern , so read a few recent winning cases in the last few months

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82141947#Comment_82141947

Don't forget to ask for at least £95 for a day off work (more if you can bring paperwork proving your hourly rate is higher), plus your travel and any other wasted costs before you let the judge sum up.

The cue is the judge saying: "anything else?"

Answer:

"YES' Costs on the indemnity basis please judge, as the C has acted wholly unreasonably with a fatally late (or missing?) witness statement and they haven't turned up today. This Claimant has totally ignored the hearing order after trying to frighten me into paying inflated & exaggerated money I don't owe, and with no evidence filed or served, they have unreasonably wasted everyone's time."

brokeandfedup

thank you for the advice .
the WS arrived in the post today - the day before the hearing. They said it was admin error.
also they are not attending the hearing.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82147832#Comment_82147832

Good, so you already know what to say as your preliminary matter.

Car1980

I believe Horizon dropped Gladstones to go over to DCB in the summer.

Could these routinely late submissions and templated admin error untruths simply be a result of them simply not being arsed with them anymore? 🤔

brokeandfedup

Update

Had the hearing

The judge dismissed the case due to fact there was no signage at the entrance. I am really pleased BUT I do not think the Judge was very fair. He was not interested that I received the Claimants WS the day before. He said it didn’t matter that the claimant was not present.
he said we must have known that supermarkets have time limits.
He dismissed the case because the defendant had not sent a photo of a sign by the entrance. (Because there were none) He didn’t know what POPLA or BPA were. When I asked about costs for unreasonable behaviour he said an emphatic no.
He said I was very lucky as another Judge might not have made the same decision in my favour.
I really feel very let down. I had prepared lots of detailed information but he didn’t want to hear it. There was an hour allowed and I was in and out within 30 minutes.
I had to take a day off work and dread to think of the amount of time I spent preparing.
I am pleased but feel disappointed that was not properly listened to. The procedure was not what I was expecting at all.