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  • FIRST POST
    • theblackfox
    • By theblackfox 18th Oct 17, 5:18 PM
    • 63Posts
    • 31Thanks
    theblackfox
    Gladstones / Euro Car Parks / CCJ / Wrong Address
    • #1
    • 18th Oct 17, 5:18 PM
    Gladstones / Euro Car Parks / CCJ / Wrong Address 18th Oct 17 at 5:18 PM
    Hey all!

    I've spent the past week living in these forums reading post after post and it has provided me with some fantastic information with my query which I will explain shortly, I just require a little bit of guidance to make sure I am heading in the right direction.

    ===============
    SITUATION

    After a recent trip to the mortgage advisers last weekend I have recently discovered there is an open CCJ claim against me for a parking fine from Europarkingservices/Gladstones Solicitors registered in February of this year. This is the first I have heard about it as I received no letters or paperwork regarding this because they have been sending everything to an old address which I moved out of at the end of 2014 which can be proven by banking statements, credit check and electoral roll.

    I did not bother to pay or contact them about the parking ticket as I feel it was unjustified and have photo evidence to prove this waiting for them to contact me, but as they were contacting the wrong address I had no chance to appeal or defend it. I assumed they were not pursuing it due to not hearing from them.

    I cannot confirm or deny if the registered keeper details were correct as the car has been sold.

    ===================

    N224 / WITNESS STATEMENT / DEFENCE

    I followed the Saggi case and have based my N244 and Witness statement almost identical to that but have the following query's :

    1. I'm not sure when/where I should add the photo evidence I have in regards to the perfectly parked car with a valid ticket or if I should even mention this at all?

    2. In Saggi's case it is not Gladstones or Euro Car Parks, does that make any part of the witness statement invalid?

    3. In notes of the N244 document, it says "Please indicate in a covering letter any dates that you are unavailable within the next six weeks. I have dates I can't do, how/where do I write this and what's a covering letter?

    ============

    Any other help and advice would be much appreciated.

    I can send or post any further information if requested.

    Cheers
    Last edited by theblackfox; 18-10-2017 at 5:27 PM. Reason: Removed real name
Page 5
    • Coupon-mad
    • By Coupon-mad 29th Mar 18, 1:26 AM
    • 63,872 Posts
    • 76,517 Thanks
    Coupon-mad
    I would write to thank the Judge for the order and attach a schedule of costs in the event that the Claimant now discontinues, or fails to follow directions to continue with the claim, as you are aware happens in almost every rogue parking ticket set aside case reported in the public domain.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • theblackfox
    • By theblackfox 29th Mar 18, 2:22 AM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Cheers coupon-mad!

    Any examples of what to write in the letter? And where to send it to?

    I guess I sit tight and wait and see if they do!
    • Coupon-mad
    • By Coupon-mad 31st Mar 18, 12:32 AM
    • 63,872 Posts
    • 76,517 Thanks
    Coupon-mad
    No, examples, I told you what to write...it's a few words. Nothing that needs a daft template.

    And you are the one with the order so you know where to send it to, I don't know the Judge's name, you do!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • theblackfox
    • By theblackfox 31st Mar 18, 9:07 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Thanks Coupon-mad! Apologies, I thought it might have to be drafted out in some way, I'll just send a generic letter.

    Cheers!
    • theblackfox
    • By theblackfox 1st May 18, 12:45 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Hi Guys,

    Not heard anything up until today (My birthday of all days!)

    Gladstones have emailed me asking the following:

    "We are yet to receive your defence that you have filed with the court.
    We kindly ask for a copy of this."

    This is the first direct contact from them, do I ignore it the same way they ignored me when asking for copies?

    ------------
    Just a quick recap, it was ordered set aside pending submission of a defence which I had sent to the court via email. The court then confirmed it had been set aside in writing, this is the first correspondence since then.
    -------------
    • Quentin
    • By Quentin 1st May 18, 12:57 PM
    • 37,942 Posts
    • 22,052 Thanks
    Quentin
    You do need to send them your defence (ie the defence you sent to court) of course!
    • Coupon-mad
    • By Coupon-mad 1st May 18, 1:00 PM
    • 63,872 Posts
    • 76,517 Thanks
    Coupon-mad
    Send it, with a copy of your costs schedule which includes the 255 and all your costs for attending the first hearing. Tell them this has been lodged with the court already, and because the matter is 'relatively straightforward' that their client has no cause of action, you have asked the court to reserve the matter of costs and invoke a costs order on the indemnity basis, against their client, should Gladstones now discontinue.

    And that if a hearing regarding the claim is set, clearly there will be further costs for your attendance again.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • theblackfox
    • By theblackfox 1st May 18, 1:14 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Thank you both!

    Will get that sent off to them later this evening.

    Hopefully not to much more of this, just want it over now
    • theblackfox
    • By theblackfox 2nd May 18, 10:16 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Another update.

    Had a letter from the court today.

    "Notice of Proposed allocation to the Small Claims Track"
    There is also a "Directions Questionnaire" document with it as well.

    I have to send the questions off by May 15th.

    Is there a certain approach to the answers I should be giving? Also, where does this lead me next?
    • KeithP
    • By KeithP 2nd May 18, 10:24 PM
    • 10,631 Posts
    • 11,020 Thanks
    KeithP
    Is there a certain approach to the answers I should be giving?
    Originally posted by theblackfox
    Yes there is, and you won't be suprised to hear that it is in post #2 of the NEWBIES FAQ sticky thread.

    Look for Bargepole's walkthrough - the answers to all the questions are there.


    Also, where does this lead me next?
    Originally posted by theblackfox
    Post #2 of the NEWBIES FAQ sticky thread covers the whole process from LBC right through to any hearing.

    That should really be your first port of call before asking any questions at this stage.
    Last edited by KeithP; 02-05-2018 at 10:28 PM.
    .
    • Umkomaas
    • By Umkomaas 2nd May 18, 10:28 PM
    • 20,237 Posts
    • 31,923 Thanks
    Umkomaas
    This is what I advised you on 17th November last year:

    The NEWBIES FAQ sticky, post #2 takes you through the entire court process from LBC to the court hearing.
    I'm giving up on repeating advice. My life is too short!
    Last edited by Umkomaas; 02-05-2018 at 10:38 PM.
    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.
    • Johnersh
    • By Johnersh 2nd May 18, 11:38 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    __________ ___________
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • theblackfox
    • By theblackfox 8th May 18, 10:05 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    This is what I advised you on 17th November last year:


    I'm giving up on repeating advice. My life is too short!
    Originally posted by Umkomaas
    I took every post on board and read all given advice to get me through the first part of getting the CCJ set aside (which I won at hearing) to the best of my ability, I was slightly confused with the step by step information provided in the newbie section so I asked for advice.

    I didn't realise it's a repeat of the original steps I followed.

    I've now sent off Directions Questionaire, will update with further info when I have it.
    • theblackfox
    • By theblackfox 5th Jun 18, 12:07 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Another update for you guys!

    After sending directions Questionaire off I have received a 'Notice of Allocation To the Small Claims Track (Hearing)' Document stating the following:

    - Judge has allocated the claim to the small claims track

    - Unless the claimant does by Xpm on XX XX XX pay the court the trial fee of 25 or file a properly completed application then the claim will be struck out with effect of XX XX XX without further order and, unless the court orders otherwise you will also be liable for the costs which the defendant has incurred.

    Then just general info on hearing date and when to submit particulars of claim etc.

    So fingers crossed they don't bother filing a properly completed application and it gets struck out, but I expect the worst and going right to the end of this, a bloody year later!

    Time to get my paperwork together.
    Last edited by theblackfox; 05-06-2018 at 12:45 PM.
    • theblackfox
    • By theblackfox 3rd Jul 18, 12:36 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Hi Guys, quick question for you.

    I'm re-prepping my documents to submit to the court for my final hearing, should I:

    a) keep the defence/witness statement the same as what it was for the set-aside hearing.
    or
    b) Amend the defence/witness statement removing set-aside points such as wrong address etc?

    Also, I've still not had a single copy of the POC from Gladstones (I briefly saw it at my set-aside from the Judge) after repeatedly asking them for it. So I'm still none the wiser of their claim.

    Thanks in advance
    • IamEmanresu
    • By IamEmanresu 3rd Jul 18, 12:51 PM
    • 3,769 Posts
    • 6,181 Thanks
    IamEmanresu
    I've still not had a single copy of the POC from Gladstones
    Get onto them now and ask them where it is. Make sure you note when you called. emailed or wrote. If you still don't get anything, you put in your defence that

    a) No POC even after asking and
    b) a request to sanction via a strikeout of the claim and your costs.

    Don't expect the court to do the work for you when you can do it yourself.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • theblackfox
    • By theblackfox 9th Jul 18, 9:52 AM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Thanks IamEmanresu, sent another email to them on the day of your reply, still nothing. Will print email chain for my evidence.

    Any thoughts on the above question:

    Should I:
    a) keep the defence/witness statement the same as what it was for the set-aside hearing.
    or
    b) Amend the defence/witness statement removing set-aside points focusing on not receiving the claim such as wrong address etc?
    • Johnersh
    • By Johnersh 9th Jul 18, 10:28 PM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    You can do a new witness statement as the statement filed for the Set Aside was a statement in support of the application. The statement you are about to submit is the statement in support of the claim.

    For clarity, you should endorse the statement in the top right corner of the statement in smaller font (I use size 8) as follows:
    [/

    Witness Statement of: The Black Fox
    For: The Defendant
    Statement: Second
    Exhibits: TBF1, TBF2, TBF3
    Date: Date


    Underneath that you have the names of the Parties in the usual way and in size 12 font, double or 1.5-line spaced.

    PARKING COMPANY Claimant
    -and-
    THE BLACK FOX Defendant

    -------------------------------
    WITNESS STATEMENT
    OF THE BLACK FOX
    -------------------------------

    Unless the Claimant has served a new set of Particulars, you presumably will have little to add to the Defence, anyway? If the Claimant is serving a new version (and post #94 suggests that this is what the Claimant has been ordered to do) then that is your opportunity to tidy it all up - there may be new allegations that you haven't had a chance to address/ haven't anticipated. Generally, Claimant Particulars are so bad, them serving a new version that you can respond to isn't necessarily a bad thing.
    Last edited by Johnersh; 09-07-2018 at 10:35 PM.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • theblackfox
    • By theblackfox 10th Jul 18, 10:11 AM
    • 63 Posts
    • 31 Thanks
    theblackfox
    Thank you Josh!

    [SIZE="3"]
    Unless the Claimant has served a new set of Particulars, you presumably will have little to add to the Defence, anyway?
    Originally posted by Johnersh
    Correct, the defence will pretty much stay the same because the Claimant has never sent me a POC, and still not recieved one even though they have been ordered (Probably recieve it the day before deadline!)

    I'll tidy up a new Witness statement and get all my paperwork filed as I have 6 days left. Then I can re-focus on getting ready for my wedding!
    • theblackfox
    • By theblackfox 10th Jul 18, 3:10 PM
    • 63 Posts
    • 31 Thanks
    theblackfox
    I've created a new Witness statement, kept it as simple as possible and focused on not receiving any documents from the claimant (Only breifly seeing them in court at set aside). Let me know of any points I should add and I will post tomorrow.

    ---------------------

    I am XXXXXX and I am the Defendant in this matter. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.!

    1. The facts set out in this Witness Statement are true to the best of my knowledge and belief and are within my own knowledge unless stated to the contrary.

    2. I have not received any paperwork or particulars of claim from the Claimant through this entire process thus was never able to properly challenge the Claimant!!!8217;s claim.

    3. On 28/02/2018 as advised by the court, I emailed the claimant asking for a copy of the particulars of claim, this has been ignored

    4. On 08/05/2018 I emailed the claimant again asking for a copy of the particulars of claim and again this has been ignored.

    5. On 03/07/2018 I attempted again to obtain any documents from the claimants via email to which it has been ignored once again.

    6. The claimant has failed to serve the defendant with any copies of the particulars of claim to file a full defence.

    7. I believe the particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed the particulars of claim are not clear and concise as is required by CPR 16.4 1(a)

    8. I further submit that the Claimant!!!8217;s claim is without merit due to substantial issues in law. This is for the following main reasons:

    8.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.

    8.2. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.

    8.3. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Claimant.

    9. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

    10. In order to make informed decisions and statements in my defence as keeper of the vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.


    Statement of Truth:
    I believe that the facts stated in this Witness Statement are true.
    Full name: XXXXXXXXX

    Dated XX/XX/XX

    Signed: __________________________________
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