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  • FIRST POST
    • NewNewMoney
    • By NewNewMoney 16th Feb 17, 4:25 PM
    • 28Posts
    • 11Thanks
    NewNewMoney
    PCN Appeal Rejected - worth taking further?
    • #1
    • 16th Feb 17, 4:25 PM
    PCN Appeal Rejected - worth taking further? 16th Feb 17 at 4:25 PM
    Hi I'm new to all of this and this adult life in general so any advice would be appreciated.

    I have a day permits to park on a land which I use as and when needed. I stack my dash and just display the new one on top. On one particular day the valid permit blew off the dash. I have received a ticket from this company before Parking and Property Management Ltd and I appealed rather hastily before doing my research (I should have ignored it) so they have my details etc, so I thought no harm in trying again. I've attached the rejection to my appeal to this post at the bottom but as a new user I can't post links (so I've been inventive), and maybe this is me attempting to not give up hope but the part I've highlighted in blue contradicts their reasoning. They've effectively said my permit was valid so how can they justify their ticket?

    the link to the rejection is (without spaces):
    http:// imgur.com / a / ESHK9
    Shall I cut my losses or contact them and highlight this error to try and cancel the ticket?
    Last edited by NewNewMoney; 16-02-2017 at 4:29 PM. Reason: added link
Page 2
    • Coupon-mad
    • By Coupon-mad 2nd Jul 17, 11:51 PM
    • 58,434 Posts
    • 71,937 Thanks
    Coupon-mad
    Remove all mentions of 'exhibits' as these do not accompany a defence, not at this stage.

    Remove the UTCCRS, replace with the Consumer Rights Act 2015:
    !!!8226; The signage terms were not transparent or legible; this is an unfair contract, not agreed by the driver and contrary to the Unfair Terms in Consumer Contracts Regulations 1999.
    All looks OK after that.

    Be ready for Gladstones trick of next sending you a N159 suggesting you agree to the case being 'heard on the papers'. No. Just no...! Covered in LOADs of Gladstones threads, so read some that are ahead of you in the process and bookmark them.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • NewNewMoney
    • By NewNewMoney 3rd Jul 17, 1:26 AM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    Fabulous, thank you so much. I'll get this send by the end of Monday
    • NewNewMoney
    • By NewNewMoney 16th Jul 17, 1:24 AM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    Hi,

    So to update, Gladstones has sent me the highly anticipated N159 requesting a paper hearing as mediation isn't helpful apparently *eye roll*

    They've also told the court to send me one with what appears to be a cover email, but on the back of the email is a form, which looks like I should complete it, but the deadline is blanked out so I don't know if I should complete it or wait for the form to come around via the courts. http://imgur.com/a/dr3qB (the link is what was sent by GS)

    What also surprised me was that their response also said the client was now willing to listen to any "genuine payment proposals." Half of me wants to offer a tenner to drop this case, the other half actually wants to drag their !!! into court.
    • beamerguy
    • By beamerguy 16th Jul 17, 8:50 AM
    • 7,539 Posts
    • 10,033 Thanks
    beamerguy
    Hi,

    So to update, Gladstones has sent me the highly anticipated N159 requesting a paper hearing as mediation isn't helpful apparently *eye roll*

    They've also told the court to send me one with what appears to be a cover email, but on the back of the email is a form, which looks like I should complete it, but the deadline is blanked out so I don't know if I should complete it or wait for the form to come around via the courts. http://imgur.com/a/dr3qB (the link is what was sent by GS)

    What also surprised me was that their response also said the client was now willing to listen to any "genuine payment proposals." Half of me wants to offer a tenner to drop this case, the other half actually wants to drag their !!! into court.
    Originally posted by NewNewMoney
    It has taken a long time for Judges to understand the parking scam, you can be rest assured that mediators are still back in the dark ages when it comes to knowledge and just see this as a debt that must be paid.
    Mediators are best employed with cases like divorce and most
    certainly NOT parking scams.

    Gladstones try on the wheeze of a settlement and when mediation and a settlement is refused, they often discontinue
    This is all leading up to the fact they know they don't have a case
    which could well mean yet another whooping for them in court
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 16th Jul 17, 5:32 PM
    • 58,434 Posts
    • 71,937 Thanks
    Coupon-mad
    Hi,

    So to update, Gladstones has sent me the highly anticipated N159 requesting a paper hearing as mediation isn't helpful apparently *eye roll*

    They've also told the court to send me one with what appears to be a cover email, but on the back of the email is a form, which looks like I should complete it, but the deadline is blanked out so I don't know if I should complete it or wait for the form to come around via the courts. http://imgur.com/a/dr3qB (the link is what was sent by GS)

    What also surprised me was that their response also said the client was now willing to listen to any "genuine payment proposals." Half of me wants to offer a tenner to drop this case, the other half actually wants to drag their !!! into court.
    Originally posted by NewNewMoney
    You need to just wait for the CCBC to send you a N180. Not Gladstones misleading (hearing on paper only) N159.

    Can I encourage you to copy that to your MP and to your (local to the car park) Trading Standards and complain, telling them Gladstones do this all the time to victims of parking scams, to try to force people to pay or mislead them into missing out on their right to an oral hearing in person to fight it.

    Say how unclear this solicitor is making it, and point out that G's are owned by the same people who run the IPC.
    Last edited by Coupon-mad; 16-07-2017 at 5:39 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • NewNewMoney
    • By NewNewMoney 30th Nov 17, 5:58 PM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    Hellooo!

    Iíll be honest, totally forgot about this PCN because I didnít hear anything for so long. I have court date for January next year. I am going to try and get it pushed back (if I can) just because of work commitments I didnít have when I gave my availability dates.

    I need to start preparing for my case, but I guess what I want to ask is, is it worth it? This is gonna sound like Iím whining but with my work and other commitments I donít have a lot of time to dedicate to preparing for this but at the same time I donít want to let them win. From what youíve read do I have a good chance of winning? I actually got the letter from the court in early November but Iíve only managed to set aside some time to deal with it (by asking you for help &#128513

    I donít know if you can give rough estimates of the time I need to spend prepping for this?

    In a separate matter Iíve received an LBC for the last PCN I got from these guys. So I need to start the process on that too, which is only adding to the dread I have of attempting to face this head on.
    • NewNewMoney
    • By NewNewMoney 2nd Feb 18, 4:45 PM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    So I went to court and somehow won.

    I say somehow, I took a photo of my valid permit on the day of the PCN and luckily my iphone had the date and time the photo was taken which ultimately was proof enough. Also something about the signage not saying that the permit had to be displayed on the dashboard. I won't lie, I had an out of body experience once she dismissed the claim and stopped listening for a good 5 minutes.

    That was my saving grace because I fully admit my other evidence and documentation and even my witness statement was trash. I'd post it but its a clear example of what NOT to do when you're taken to court.

    Anyway, the judge kind of pushed for me to claim work and travel costs which I wasn't bothered about but I thought why not after the stress of nearly a year. Gladstones were supposed to send me a cheque by Jan 31st.

    Shocker - they haven't.

    Their phone line is only for payments and out of principle I want my money.
    I suspect they will send it extremely late and backdate it. This is what they did when it came to submitting evidence which I was going to mention during my hearing but it was over pretty quickly so I didn't even need to mention it.

    So two questions/points:

    1) How can I chase them for my money as they are now late

    2) Thank you everyone who helped with all the various stages involved in this, pretty sure I'd be a couple of hundred quid down if it wasn't for you guys
    • nosferatu1001
    • By nosferatu1001 2nd Feb 18, 5:08 PM
    • 2,748 Posts
    • 3,413 Thanks
    nosferatu1001
    You can apply to the court for a warrant of control. I!!!8217;d see if anything arrives Monday.
    • NewNewMoney
    • By NewNewMoney 2nd Feb 18, 5:18 PM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    Ok thanks, I'll hold out for a few more days and in the meantime read up about a Warrant of Control.
    • Coupon-mad
    • By Coupon-mad 2nd Feb 18, 10:08 PM
    • 58,434 Posts
    • 71,937 Thanks
    Coupon-mad
    Yay well done! Another one bites the dust!

    Which court, and did you get the Judge's name? Was the rep for the other side useless or not?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • NewNewMoney
    • By NewNewMoney 7th Feb 18, 3:58 AM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    Yep, it was Deputy District Judge Hussain at Uxbridge County Court.

    The rep wasn't the person who did the witness statement so the judge didn't use it. I mean the rep tried I guess? I'm probably being too polite but the fact that it was over in less than 15 mins indicates she was useless.
    • Castle
    • By Castle 7th Feb 18, 9:48 AM
    • 1,767 Posts
    • 2,392 Thanks
    Castle
    Have you received your cheque yet?
    • NewNewMoney
    • By NewNewMoney 8th Feb 18, 1:29 PM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    I haven't so I was thinking to kick off the warrant of control process, but the money I've been awarded is less than the cost of the warrant so does it make sense to?
    Last edited by NewNewMoney; 08-02-2018 at 1:37 PM.
    • nosferatu1001
    • By nosferatu1001 8th Feb 18, 1:36 PM
    • 2,748 Posts
    • 3,413 Thanks
    nosferatu1001
    Just do it.
    They wont like paying the extras but screw them. Theyre late.
    • Castle
    • By Castle 8th Feb 18, 2:10 PM
    • 1,767 Posts
    • 2,392 Thanks
    Castle
    I haven't so I was thinking to kick off the warrant of control process, but the money I've been awarded is less than the cost of the warrant so does it make sense to?
    Originally posted by NewNewMoney
    The cost of the warrant is added to the debt.

    (If they don't pay within 28 days, (and that includes cheque clearance time), they can't remove the CCJ from their record.
    • NewNewMoney
    • By NewNewMoney 15th Feb 18, 12:11 AM
    • 28 Posts
    • 11 Thanks
    NewNewMoney
    Fifteen days after the deadline, my cheque came in the post today so the case is finally closed!

    Thanks once again for all your help
    • Coupon-mad
    • By Coupon-mad 15th Feb 18, 1:32 AM
    • 58,434 Posts
    • 71,937 Thanks
    Coupon-mad
    Yep, it was Deputy District Judge Hussain at Uxbridge County Court.

    The rep wasn't the person who did the witness statement so the judge didn't use it. I mean the rep tried I guess? I'm probably being too polite but the fact that it was over in less than 15 mins indicates she was useless.
    Originally posted by NewNewMoney
    LOL - well done to that Judge and well done to you, another win, with costs!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • muleskinner
    • By muleskinner 15th Feb 18, 7:55 AM
    • 109 Posts
    • 104 Thanks
    muleskinner
    So I went to court and somehow won.
    Originally posted by NewNewMoney
    I'd missed this thread - a belated 'well done' from me. Always a pleasure seeing PPM get stuffed.
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