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PCM claim form, Ticketed in my own space!

12467

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    And, how would they know who is insured? The ppc does not have access to insurance data.
  • jw505
    jw505 Posts: 29 Forumite
    thanks very much. i understand it now. :D
  • jw505
    jw505 Posts: 29 Forumite
    edited 15 April 2018 at 10:19PM
    Defence uploaded!

    Can anyone recommend a SAR letter template to request for the previous documents? I can't find the original ticket and previous appeal & response etc :(
  • Coupon-mad
    Coupon-mad Posts: 131,596 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 16 April 2018 at 1:42AM
    The one you found when you searched MSE, or Googled 'SAR template MSE'!

    You are on MSE forum, of course the overall MSE site has a SAR template!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    4. My contract only say right to park at allocated space but not mentioning displaying a permit all time (Point 5 in #7). How should I defend upon this?

    There are two types of variation to a contract that a judge may consider. The first is 'explicit' where the words of the contract later on allow or 'implicit' where a change was implied.

    You say there was no explicit change provided for in the contract. A judge might say it was implicit, from the fact they were there when you moved in, but that would be harsh. Just stick to the wording of the lease.
  • jw505
    jw505 Posts: 29 Forumite
    got a reply from GSS below with an attached N180 form, should I reply to them?

    We act for the Claimant and have notified the Court of our Client!!!8217;s intention to proceed with the claim.
    Please find attached a copy of our Client!!!8217;s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing
    This request is sought simply because the matter is in our Client!!!8217;s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.



    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.
  • Quentin
    Quentin Posts: 40,405 Forumite
    No need to reply


    You will be refusing their request for the matter to be dealt with on papers or mediation.


    You want this aired in front of a judge!
  • jw505
    jw505 Posts: 29 Forumite
    Quentin wrote: »
    No need to reply


    You will be refusing their request for the matter to be dealt with on papers or mediation.


    You want this aired in front of a judge!
    thanks. will wait for further notice then
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    thanks. will wait for further notice then

    The comments are a little unclear on this. You DO have to reply to a DQ. You use the N180 form

    https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

    This is for an ORAL hearing. Sometimes Gladstones send the N159 form which is for a paper hearing. So download the N180 and fill it in as follows. There is no need to "refuse" the paper hearing as the correct form (N180) indicates your choice. And your choice is the one they work to.

    A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

    B = fill in all the details, name, address, etc

    C1 = YES to small claims track !!!8211; this is the limited costs track for claims up to £10,000 in value

    D1 = name of your local County Court !!!8211; unless you are a Ltd company, the case files will be transferred there

    D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

    D3 = 1 witness (that!!!8217;s you) (or more if you are going to get another person to come to court to provide a statement)

    D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).
  • jw505
    jw505 Posts: 29 Forumite
    Finally! it seems I will experience the full package, need to go to the court after all! Gladstones and PCM, I'm coming~~

    Now, I need some advice and support from MSE community about what to prepare before the court date and during the day.

    The court hearing is set to April 11th 2019.

    I have got an email from gladstones (copied below) and I will upload the full document they online then share some details.
    We act for the claimant in the above matter.
    Please find attached, by way of service, the Claimant's Witness Statement.
    The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.
    We confirm the statement has been filed at the Court
    Yours sincerely
This discussion has been closed.
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