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  • FIRST POST
    • MrsG2711.
    • By MrsG2711. 14th Jul 17, 10:32 AM
    • 10Posts
    • 10Thanks
    MrsG2711.
    Claim form-county court business centre
    • #1
    • 14th Jul 17, 10:32 AM
    Claim form-county court business centre 14th Jul 17 at 10:32 AM
    I have received a claim letter via Gladstone solicitors on behalf of uk car park management.

    So far I have ignored all correspondence, I have done this as the pcn (invoice) was received in a residential car park where no revenue is being generated. Everyone I know who has received these invoices have ignored them but now I am unsure as to whether I should respond. I don't see how I can be fined if no revenue is being lost.

    I am thinking of just ignoring this letter too as this is simply a processing centre and their letters look like copies of an original

    Any advice welcome
Page 7
    • MrsG2711
    • By MrsG2711 7th Jan 18, 2:08 PM
    • 54 Posts
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    MrsG2711
    Signage was last changed May 17 and now has IAS. I asked for a maintenance schedule from the housing but was obviously denied. TS will be my next port of call. Thank you
    • MrsG2711
    • By MrsG2711 7th Jan 18, 2:09 PM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    I meant to type IPC
    • MrsG2711.
    • By MrsG2711. 10th Jan 18, 8:23 PM
    • 10 Posts
    • 10 Thanks
    MrsG2711.
    Well tomorrow is the day and I feel totally prepared.

    Who can I expect to attend, if at all from the claimants side?

    After this I shall get the tenant to write to the housing as they have a lot to answer to. Tenants have been scammed out of thousands of pounds and the housing lied about having a contract.
    • Umkomaas
    • By Umkomaas 10th Jan 18, 8:33 PM
    • 18,024 Posts
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    Umkomaas
    Who can I expect to attend, if at all from the claimants side?
    No one from the PPC, that!!!8217;s almost certain. They certainly don!!!8217;t like exposing themselves to potential white-hot questions from the judge.

    You might get a gun-for-hire !!!8216;legal of some description, but I wouldn!!!8217;t be too concerned about them. Stick to your brief and what you know and understand.

    Should the claimant!!!8217;s side offer to hand you anything while waiting to be called into the courtroom, politely decline it.

    Smartly dressed, check out your journey route, check out nearby car parks (or public transport times if not driving), aim to get to the court about half an hour before your allotted time. Standard forum advice.

    The very best of luck. Do come back and let us know the outcome.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • claxtome
    • By claxtome 10th Jan 18, 9:14 PM
    • 577 Posts
    • 680 Thanks
    claxtome
    Good advice from Umkomaas.

    The regulars on here know what you are going through and are behind you.

    Good luck tomorrow.
    • Coupon-mad
    • By Coupon-mad 10th Jan 18, 9:25 PM
    • 58,549 Posts
    • 72,051 Thanks
    Coupon-mad
    Gladstone solicitors on behalf of uk car park management
    Then a hired legal rep will show up - e.g. Elms Legal, not Gladstones - and if so, you should challenge their Rights of Audience, first, like Publican Paul did on pepipoo, and covered a lot on this forum too.

    You need to take the Law Gazette and a couple of sheets of case law to do this, and ideally hand the Usher a Preliminary Matters summary to alert the Judge to this issue first. Tips include aiming to get there half an hour early, to arrive calmly and to suss out and ask for the name/employer of the person from the Claimant's side.
    Last edited by Coupon-mad; 10-01-2018 at 9:36 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.

    • MrsG2711.
    • By MrsG2711. 10th Jan 18, 10:11 PM
    • 10 Posts
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    MrsG2711.
    Once the DJ knows that their legal rep is not from gladstones and does not have right of audience will he not deal with this?
    • Coupon-mad
    • By Coupon-mad 10th Jan 18, 10:31 PM
    • 58,549 Posts
    • 72,051 Thanks
    Coupon-mad
    No, if Publican Paul had not raised it assertively the Judge would never have said a word, as the Judge firstly frowned at Publican Paul and said 'oh it's all right, this person is often here at this court...'.

    Read the pepipoo thread, no link. Google it.

    You have to prove the Right of Audience argument as this is not something a Judge will do.

    Also, it's not just because the legal rep ''isn't from Gladstones''. They might still have Rights of Audience, you know.
    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.

    • MrsG2711
    • By MrsG2711 11th Jan 18, 11:18 AM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    Still waiting, I declined some papers that the claimants rep tried to pass me. I asked him what his job title was but he didn!!!8217;t want to disclose. He is from elms
    • Umkomaas
    • By Umkomaas 11th Jan 18, 11:22 AM
    • 18,024 Posts
    • 28,551 Thanks
    Umkomaas
    me. I asked him what his job title was but he didn!!!8217;t want to disclose. He is from elms
    Are you going to raise his Right of Audience with the judge?

    Also, if the person who signed the WS is not there, unless they!!!8217;ve notified the court they would be absent, then I!!!8217;d raise your significant concern about their absence with the judge, as you wished to cross-examine them on the content of their WS.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • IamEmanresu
    • By IamEmanresu 11th Jan 18, 11:23 AM
    • 2,419 Posts
    • 4,310 Thanks
    IamEmanresu
    Even if the Elms person has RoA, there is no witness from the claimant and the Elms rep cannot fill in the many blanks in the pack as he is not from the claimant.

    Point out that the Elms rep is as useful as a chocolate fireguard as they have no knowledge of the background to the case, the lack of contact and the dodgy signatures.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • MrsG2711
    • By MrsG2711 11th Jan 18, 11:27 AM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    The tenant who signed a witness statement for me is not here either, I read that this is ok. She!!!8217;s at work
    • pappa golf
    • By pappa golf 11th Jan 18, 11:31 AM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    has the court been informed that your witness will not be present
    • MrsG2711
    • By MrsG2711 11th Jan 18, 11:33 AM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    No I didn!!!8217;t know I had to
    • pappa golf
    • By pappa golf 11th Jan 18, 11:36 AM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    ok , make sure you attack before they do ,

    good luck
    • MrsG2711
    • By MrsG2711 11th Jan 18, 11:37 AM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    The fact that she is working and I have had to take time off is this good enough reason
    • nosferatu1001
    • By nosferatu1001 11th Jan 18, 3:31 PM
    • 2,765 Posts
    • 3,442 Thanks
    nosferatu1001
    Yes, but youre suppsoed to tell the court IN ADVANCE - and the claimant.
    However your witness is secondary I would suggest, compared to the claimants lack of ANY WITNESS AT ALL.....
    • claxtome
    • By claxtome 11th Jan 18, 6:01 PM
    • 577 Posts
    • 680 Thanks
    claxtome
    How did it go today?
    (Dare I ask)
    • Umkomaas
    • By Umkomaas 12th Jan 18, 12:36 PM
    • 18,024 Posts
    • 28,551 Thanks
    Umkomaas
    How did it go today?
    (Dare I ask)
    Originally posted by claxtome
    The lack of an update 24 hours on is a bit ominous. Bumped back to page 1.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • MrsG2711
    • By MrsG2711 12th Jan 18, 11:51 PM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    So sorry for lack of update.

    As you may have guessed the case was lost due to the tenancy agreement. The judge did say the tenant had a valid grievance case against the housing due to the ambiguous wording of the new t&cs that she signed. He also agreed that they had breached their CoP but obviously it want enough.

    It!!!8217;s shocking how parking companies can behave how they do and get away with it. In this case anyway.

    I challenged right of audience of which the judge took note of as the agent was trying to defend the fact that Gladstone!!!8217;s were late with their WS due to the holiday season. He did not allow their costs or interest for this reason and they definitely did not win due to their work.

    I am surprised he added cost for the elms agent though!

    I must thank everyone for their input.
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