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  • FIRST POST
    • Jhpt
    • By Jhpt 17th Aug 17, 5:14 PM
    • 77Posts
    • 46Thanks
    Jhpt
    So I'm going to court...
    • #1
    • 17th Aug 17, 5:14 PM
    So I'm going to court... 17th Aug 17 at 5:14 PM
    So looks like I'm one of the chosen few who make it all the way through to court..

    Looking for any input please! I've read through the forums but would really appreciate any help anybody can offer.

    To give you a timeline of events;

    - Ticketed on 8/1/17 in my residents car park (2 spaces as part of my monthly rental agreement) as my pass had slipped from my dashboard
    I stupidly believed they'd waive the ticket if presented with evidence of my right to park - I wrote to them (giving them my address.. DOH!) with a photocopy of my residents parking permit. Received a letter stating that I hadn't displayed my pass and was therefore not exempt from paying a fine (60 rising to 100) I responded stating I would NOT be paying and any further correspondence was to be through my lawyer
    - 20/2/17 first letter now stating I owed 100
    - 5/4/17 letter from "Debt Recovery Plus Ltd (DRP)" stating a charge of 149.00 now owed (no reasoning for the 49 increase)
    - 20/4/17 2nd letter from DRP re-iterating 149.00 owed "If you haven't paid in full or made arrangements to pay by 4/5/17 we'll pass your file to our client with a recommendation that they take court action against you"
    - 05/5/17 3rd letter from DRP now stating a final settlement offer of 126.65 - no explanation of exactly how they've calculated this. "If you haven't paid the reduced amount by 19/5/17, our client will withdraw the offer. This means the amount due will go back to the full amount of 149.00.."
    - 5/6/17 1st letter from Gladstones Solicitors claiming 149
    - 25/7/17 2nd letter from Gladstones solicitors claiming 160 - no explanation included as to the rise of 11.
    - 17/8/17 TODAY receive a letter from the court (dated 14/8/17) to let me know I was being taken to court for 241.53 (166.53 + 25 court fee + 50 legal representatives)

    Now my reasons why I feel this ticket is unfair;
    1) As part of my tenancy agreement I have a right to park in two parking spaces
    2) The signage displayed states the parking company are a member of the BPA (They are NOT - they are IPC) - confusing myself as to whether they are a genuine company (my search of the BPA website showed nothing...) and of course confusing my decision of who to appeal the ticket too..
    3) This is a residents car park, managed to my knowledge by the residents association - do THEY have the right to ticket on their behalf or do they need written permission from the land owner?
    4) The way the fees have been increased 60-100-149-126.65-149-160 is confusing and has left me failing to understand the ongoing process
    5) I communicated I would only discuss correspondence further through my solicitors - they have failed to do so.

    Any advice here guys? Thanks so much in advance!
    Last edited by Jhpt; 17-08-2017 at 5:22 PM.
Page 8
    • Coupon-mad
    • By Coupon-mad 18th Dec 17, 5:29 PM
    • 58,533 Posts
    • 72,033 Thanks
    Coupon-mad
    Yes, when you list it like that - exactly what you need to set out for the Court. Give it a go!
    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.

    • Jhpt
    • By Jhpt 18th Dec 17, 5:34 PM
    • 77 Posts
    • 46 Thanks
    Jhpt
    Yes, when you list it like that - exactly what you need to set out for the Court. Give it a go!
    Originally posted by Coupon-mad
    https://www.dropbox.com/s/bqofwvs47h4v6kh/GLADSTONES%20AGAIN%20FAIL%20TO%20PROVIDE%20WSSS.do cx?dl=0

    That's not TOO much detail is it?!
    • Jhpt
    • By Jhpt 18th Dec 17, 5:51 PM
    • 77 Posts
    • 46 Thanks
    Jhpt
    Please find my updated costs schedule attached below;

    https://www.dropbox.com/s/0cxchkfceh98qbb/COSTS%20SCHEDULE.docx?dl=0

    (Please ignore total as so far I have not counted the 120 lost from not being able to service 2 appointments)
    • Jhpt
    • By Jhpt 20th Dec 17, 8:59 PM
    • 77 Posts
    • 46 Thanks
    Jhpt
    Hello all

    On a slightly different note, and more out of interest, just reading the Claimants (late) witness statement here... Signed by someone we shall call Miss X.

    Checking Gladstones out on the SRA website, they have 6 solicitors listed, if which Miss X is not one of them.

    Can I also write to the court again complaining about this? How am I meant to place any trust in this WS if I'm not sure it was completed by a) member of the company or b) a solicitor..

    They've also signed the Directions Questionnaire as GS...
    • Jhpt
    • By Jhpt 20th Dec 17, 9:00 PM
    • 77 Posts
    • 46 Thanks
    Jhpt
    Dammit I'm on my phone so can't edit it - just realized the WS is signed by a Miss X from the PPC, not Gladstones... Please disregard my last post.

    But in that note, if Miss X is not present in court and doesn't give 7 days notice that's also in my favour?
    • Coupon-mad
    • By Coupon-mad 21st Dec 17, 1:30 AM
    • 58,533 Posts
    • 72,033 Thanks
    Coupon-mad
    Yes it is, plus whoever does rock up might just be a hired gun from a law firm (non-solicitors) like Elms Legal, and so you need to be ready with the case law & Law Gazette article as a preliminary matter to challenge their Right of Audience at the outset.
    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.

    • Loadsofchildren123
    • By Loadsofchildren123 21st Dec 17, 2:08 PM
    • 2,140 Posts
    • 3,594 Thanks
    Loadsofchildren123
    to answer your original point in #144, I don't think it had any teeth - in a law firm you might have a legal executive, or a paralegal, or a trainee, who won't be listed as a solicitor but who will do things like WSs and there'd be nothing wrong in that.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • nosferatu1001
    • By nosferatu1001 21st Dec 17, 7:21 PM
    • 2,765 Posts
    • 3,439 Thanks
    nosferatu1001
    But if they!!!8217;re from the ppc, they really should be present. You make a stink that a ws was written by someone not even present at the site, and they!!!8217;re also not their. How much faith can be placed I. It? Obv you have also picked out assumptions that aren!!!8217;t proven (id of driver, for example) to show its unreliable to begin with.
    • IamEmanresu
    • By IamEmanresu 5th Jan 18, 3:56 PM
    • 2,418 Posts
    • 4,304 Thanks
    IamEmanresu
    How did it go?
    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.
    • Jhpt
    • By Jhpt 22nd Jan 18, 2:35 PM
    • 77 Posts
    • 46 Thanks
    Jhpt
    UPDATE

    Hello all - apologies for the delay in posting an update, but nothing had happened until this week! I've been manic at work as well, so apologies for not even posting that.

    So after the Claimant had missed deadline two, I'd written to court requesting the original order of a strike out was carried out, and applied for costs for unreasonable behaviour. Chased up the court twice as still hadn't heard anything by the 17th Jan! (month post second date)

    thankfully, I've just got a letter stating;

    1. Claim to be struck out
    2. Court hearing to be vacated
    3. Claimant to pay Defendant 179


    Woo! Which I take as an absolutely fantastic (and just!) outcome.

    I'd like to sincerely say thank you to everybody who has contributed, advised and helped me with this here - genuinely (and obviously for anybody who has read the whole saga) I couldn't have done this without you - THANK YOU!!

    On a final note, the Claimant have been ordered to pay me 179, but I can't imagine they're a) going to get in touch and ask how I'd like to be paid b) be particuarly easy to get the money from.

    What do I do now? Contact them directly with bank details and copy of judges order? The order stated payment must be by 30th Jan, So I wonder if I inform them now I will be passing this onwards if not paid by then?

    THANK YOU ONCE MORE
    • pappa golf
    • By pappa golf 22nd Jan 18, 3:00 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    excellent , no dout you have there address tom write to , dont forget to start a small claims if they forget to pay

    more and more "residential" cases are going like this , now people are fighting back , tell all your friends and neighbours !
    • Fruitcake
    • By Fruitcake 22nd Jan 18, 3:12 PM
    • 36,811 Posts
    • 83,297 Thanks
    Fruitcake
    Well done! That's really good news.

    As far as payment, I would be inclined to wait. Surely it's up to them to find out how to pay you. They have your name and address so can send a cheque if nothing else. If they want to pay another way, they must put in the effort. Of course, another method may not be convenient. You might not want to give scammers your bank details.

    Perhaps you would like a Postal Order? That would cost them extra and they would have to go out to buy it ...
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • nosferatu1001
    • By nosferatu1001 22nd Jan 18, 3:16 PM
    • 2,765 Posts
    • 3,439 Thanks
    nosferatu1001
    Nicely done - did you ask for 179? I wonder how that was calculated

    For payment, they should have 14 days to pay, I belive - the order should give you some clue - after which you do not, if payment hasnt been receivd, need to start a small claim (come on pappa, you know better )

    As there is a court order for payment, you can enforce this as any other order from a court, by giving the court some money> they can then potentially directly take money from the C, or failing that you let the costs add up until it hoits over 600, then a HCEO can be called in - they can lawfully break in and seize goods to be sold in order to pay you. That woul dbe hilarious

    On a more realistic note, epxect a cheque to arrive about 2 days after the deadline...
    • beamerguy
    • By beamerguy 22nd Jan 18, 4:09 PM
    • 7,561 Posts
    • 10,063 Thanks
    beamerguy
    Well done, a good result

    Wonder what happened to the Gladstones boys
    (Pinky and Perky) with all this.

    I suspect they may have been making a new
    version of the movies "LOONEY TOONS"
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 22nd Jan 18, 5:00 PM
    • 9,514 Posts
    • 9,273 Thanks
    The Deep
    I am sorry, but I think that you have been short changed. 179 for the hassle you have been subjjected to is, imo, an insult.

    How many hours did you spend on this? A lot more than nine I'll venture. Added to which your leasehold right to quiet enjoyment was compromised, you were lied to, the charge went up to 240 at one stage, (fraud?), the POC were inadequate, they failed CPRs,

    If you spent 30 hours on this you received 6 an hour for your labour, not to mention the time others on here have spent helping you.

    I would definitely not be pleased with the result.
    You never know how far you can go until you go too far.
    • IamEmanresu
    • By IamEmanresu 22nd Jan 18, 5:03 PM
    • 2,418 Posts
    • 4,304 Thanks
    IamEmanresu
    If you spent 30 hours on this you received 6 an hour for your labour
    Less than minimum wage - but higher than the peanuts that Gladstones pay their interns.
    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.
    • Redx
    • By Redx 22nd Jan 18, 5:10 PM
    • 18,363 Posts
    • 23,265 Thanks
    Redx
    UPDATE

    On a final note, the Claimant have been ordered to pay me 179, but I can't imagine they're a) going to get in touch and ask how I'd like to be paid b) be particuarly easy to get the money from.

    What do I do now? Contact them directly with bank details and copy of judges order? The order stated payment must be by 30th Jan, So I wonder if I inform them now I will be passing this onwards if not paid by then?
    Originally posted by Jhpt
    they "should" send you that cheque mentioned above around or just after deadline day, so wait and see

    if they fail, you can pay money to set the bailiffs on them I believe

    all explained on the MCOL site

    https://www.moneyclaimsuk.co.uk/warrant-of-control.aspx

    a warrant of control (seeing as its under 600)

    a good result for you nevertheless, nice to see the boot on the other foot and UK CPM will have lost a fair few hundred on thius matter alone

    and keep up with the RA and the management association etc
    Last edited by Redx; 22-01-2018 at 5:13 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • bargepole
    • By bargepole 22nd Jan 18, 5:17 PM
    • 2,278 Posts
    • 6,629 Thanks
    bargepole
    excellent , no dout you have there address tom write to , dont forget to start a small claims if they forget to pay
    Originally posted by pappa golf
    Totally and utterly wrong advice.

    If you have a Judgment saying the other party has to pay you a sum of money, and they don't pay it, you do NOT start a claim.

    You apply to the Court for a Warrant of Control (or High Court for a Writ of Control if over 600), and the bailiffs will call. The fees for all that are added to the debt.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 33. Lost 10.
    • pappa golf
    • By pappa golf 22nd Jan 18, 5:21 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    Totally and utterly wrong advice.

    If you have a Judgment saying the other party has to pay you a sum of money, and they don't pay it, you do NOT start a claim.

    You apply to the Court for a Warrant of Control (or High Court for a Writ of Control if over 600), and the bailiffs will call. The fees for all that are added to the debt.
    Originally posted by bargepole
    ok , accepted , tho in a lot of cases bailliffs are useless , especially with slimey companies like this one
    • Umkomaas
    • By Umkomaas 22nd Jan 18, 5:23 PM
    • 18,021 Posts
    • 28,540 Thanks
    Umkomaas
    Well done Jhpt. Now why not turn the heat up on the RA to get shut of the PPC on the back of your court win.

    Tell them you!!!8217;ve won costs against the PPC, and should they come after you with any further tickets, you will be joining the RA in a harassment case against them.

    Can you put up some notices so other residents are aware that the PPC can be and has been beaten at court.

    Time for some mischief, underpinned by your legal success.
    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.
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