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  • FIRST POST
    • glosandy
    • By glosandy 5th Jul 18, 10:24 PM
    • 63Posts
    • 38Thanks
    glosandy
    Court Claim - has the Defendant blundered?
    • #1
    • 5th Jul 18, 10:24 PM
    Court Claim - has the Defendant blundered? 5th Jul 18 at 10:24 PM
    Appreciate any advice on this one - I am assisting with a Gladstones/PCM claim (thread "Court Claim - PCM (UK)/Gladstones") at Whittle Way, Gloucester. I have been approached by a friend who is in an identical situation.

    They ignored all previous correspondence until they received the court papers. Without advice, they have engaged with Gladstones to try and settle, offering to pay 60 instead of the claimed 240. Gladstones came back and said they'd accept 180 to halt proceedings. After looking at the arguments I've put forward, the friend now wants to go to court and argue!

    So, are their bridges burnt by the fact that they have engaged with Gladstones, or is it possible to say "thanks, but no thanks - now take me to court!"

    Many Thanks

    Glosandy
Page 4
    • beamerguy
    • By beamerguy 24th Nov 18, 2:26 PM
    • 11,443 Posts
    • 15,549 Thanks
    beamerguy
    Court Judgement received today., Court findings were:
    the signage on entering Whittle Square was not easily legible for Drivers (Claimant's own evidence!)
    the white lined areas put in evidence by the Claimant is not in the vicinity and therefore did not represent parking available and relevant to this case
    the parking spaces were not correctly delineated between permissible and not permissible parking, and the Court finds that numerous people were parking in the same spot due to it not being clear.

    Claimant failed to prove case, so the Claim dismissed (that feels better now!)

    Expenses to be paid "to the Judgement Creditor or their Representative" - is this directly to the Defendant or who? To be paid by the 4th December.
    Originally posted by glosandy
    By the way, a great win for you. Gladstones up to their timewasting trickery again.

    They will pay the defendant .... you

    There are a few county court judges who behave like this. With such an interrogation one must feel sorry for her husband/partner
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • glosandy
    • By glosandy 12th Dec 18, 8:17 PM
    • 63 Posts
    • 38 Thanks
    glosandy
    Update - No Sign of Payment
    So, the deadline for Gladstones to pay the costs awards to the Defendant has passed (due by 4th December).

    What are our options now? Help appreciated.
    • Umkomaas
    • By Umkomaas 12th Dec 18, 8:20 PM
    • 23,722 Posts
    • 37,955 Thanks
    Umkomaas
    Without reading back over the entire thread, who were the costs awarded against - Gladstones or the PPC?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • glosandy
    • By glosandy 12th Dec 18, 8:33 PM
    • 63 Posts
    • 38 Thanks
    glosandy
    Sorry, the PPC - Parking Control Management (UK) Limited.
    Any pointers on how to progress this and recover the costs?
    Cheers
    • Umkomaas
    • By Umkomaas 12th Dec 18, 8:42 PM
    • 23,722 Posts
    • 37,955 Thanks
    Umkomaas
    Sorry, the PPC - Parking Control Management (UK) Limited.
    Any pointers on how to progress this and recover the costs?
    Cheers
    Originally posted by glosandy
    Have you tried doing a bit of your own research? We are not a forum set up to offer legal advice. Much of the stuff we pass over to posters is acquired via our own research to answer specific queries. How about you try this via Google?:
    'How to enforce a small claims court judgment'
    Then you'll know better than most of us here - and - you'll be ideally placed to come back and advise others with similar issues in the future.

    Win win.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • glosandy
    • By glosandy 12th Dec 18, 8:56 PM
    • 63 Posts
    • 38 Thanks
    glosandy
    I was doing that in the background, honest!
    Initial investigation seems to point to a load of aggro to recover this.... Will start with contacting them I guess.
    • Pirate Parker
    • By Pirate Parker 12th Dec 18, 9:34 PM
    • 39 Posts
    • 15 Thanks
    Pirate Parker
    Don't use DRP to collect the debt, I have it on good authority people ignore that company.
    Never admit to being the driver, POFA 2012 Schedule 4 is your best friend, always fight as registered keeper. Disprove keeper liability and you may be able to claim/counterclaim for data protection breach(s) and harassment. Don't just fight back, FIGHT BACK.
    • Umkomaas
    • By Umkomaas 12th Dec 18, 9:53 PM
    • 23,722 Posts
    • 37,955 Thanks
    Umkomaas
    Don't use DRP to collect the debt, I have it on good authority people ignore that company.
    Originally posted by Pirate Parker
    How sure are you that DRP can actually carry out such enforcements?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • glosandy
    • By glosandy 16th Dec 18, 7:40 AM
    • 63 Posts
    • 38 Thanks
    glosandy
    Case Closed
    Payment has been made!
    Thankfully that's the end of this saga.
    Here's hoping the above pages will help others in the same situation.
    Glosandy.
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