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  • FIRST POST
    • Blossoms17
    • By Blossoms17 8th Dec 17, 8:05 AM
    • 49Posts
    • 17Thanks
    Blossoms17
    Minster baywatch
    • #1
    • 8th Dec 17, 8:05 AM
    Minster baywatch 8th Dec 17 at 8:05 AM
    Hi,
    Having recently moved to York and changed address, the previous parking notices were not received from this company. However, the company seem to think a court claim is the way forward for the vehicle being parked for approx 12-15 mins in the car park whilst the driver looked for a method of payment then promptly drove away as they realised they had not got any change or cards on them.. Is it even legal for the company to do this for a stay of under 20 mins?
    Thanks for the help but having read all the information on the newbies thread but I I don't have any previous correspondence and this court claim from gladstones is the first I've heard. I'm totally shocked by it. What do I need to do?
    Last edited by Blossoms17; 08-12-2017 at 8:08 AM. Reason: Making it clearer
Page 4
    • Castle
    • By Castle 22nd Feb 18, 1:33 PM
    • 1,925 Posts
    • 2,617 Thanks
    Castle
    Ah thanks, it does say by the claimant, I presume they get the same copy of the letter. Thank you.
    Originally posted by Blossoms17
    The letter should also tell you the date of the hearing and the deadline for submitting your witness statement and evidence.
    • Blossoms17
    • By Blossoms17 22nd Feb 18, 6:45 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Unfortunately I get them on a photograph on my phone from my daughter as my post is going to her whilst I'm working away. Difficult to read.
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 6:47 PM
    • 62,736 Posts
    • 75,676 Thanks
    Coupon-mad
    Then you will have to ask her to read the detail - thoroughly. See IamEmanresu's signature!
    • Blossoms17
    • By Blossoms17 22nd Feb 18, 6:48 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    I have no confidence with this and court is scary. It's having an impact on my anxiety levels. I will keep trying and don't wish to give up on it. Is there any likelihood of Minster baywatch winning after 13 mins of being on the car park which didn't state there were cameras? I don't want to make a fool of myself.
    • KeithP
    • By KeithP 22nd Feb 18, 7:17 PM
    • 9,930 Posts
    • 10,232 Thanks
    KeithP
    ...court is scary.
    Originally posted by Blossoms17
    Really?

    Have you seen these youtube videos:

    .
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 7:39 PM
    • 62,736 Posts
    • 75,676 Thanks
    Coupon-mad
    I have no confidence with this and court is scary. It's having an impact on my anxiety levels.

    I will keep trying and don't wish to give up on it.

    Is there any likelihood of Minster baywatch winning after 13 mins of being on the car park which didn't state there were cameras? I don't want to make a fool of myself.
    Originally posted by Blossoms17
    Highly unlikely they'd win, given we help people win 99% of the time when they stick around, follow our advice, don't disappear from weeks on end and don't do anything daft like ignore the date to submit WS and evidence.

    We only lost two last year when people were fully coached, and one of them cancelled itself out as she 'won a case and lost one', and it was nothing like your circumstance.

    You will not make a fool of yourself. Look how easy LewiiiD found it, and they were nervous:

    http://forums.moneysavingexpert.com/showthread.php?p=73922555#post73922555

    Here's a woman giving a defence her best shot:

    http://forums.moneysavingexpert.com/showthread.php?t=5789082

    She says (like your case!):
    I think the most likely scenario is that the car may have been driven in and straight back out without parking as very few people use this particular car park as it is widely known in the area for its unfair practices.
    and she is frightened (like you!):
    Im so sorry to sound stupid, but Im not understanding the abbreviations of MCOL, AOS and LBC?

    Im not at all familiar with legal terms etc. Im a 63 year old woman and have never been to court. Im by no means perfect but I do abide by the law and so this situation is completely alien to me.

    I was very scared when I got the letter a week ago and have been trying to get the right advice ever since. But when I received the letter today from BW Legal I have to admit I panicked.
    Originally posted by youdontsay
    But people here do this all the time, young and old, and all except TWO* won, out of the hundreds last year. Almost everyone is scared sick, yet thrilled when they win!





    *those two then just paid within 30 days of judgement (about 200 for a single PCN case). No CCJ, no risk, no sitting on the norty step, and they cost the PPC more!
    Last edited by Coupon-mad; 22-02-2018 at 7:43 PM.
    • Blossoms17
    • By Blossoms17 27th Feb 18, 3:36 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    I'm trying to find examples of witness statements, can anyone help?
    • Umkomaas
    • By Umkomaas 27th Feb 18, 4:40 PM
    • 19,828 Posts
    • 31,315 Thanks
    Umkomaas
    I'm trying to find examples of witness statements, can anyone help?
    Originally posted by Blossoms17
    NEWBIES FAQ sticky, post # 2
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • Blossoms17
    • By Blossoms17 27th Feb 18, 5:04 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Thanks, I'm happy to be directed, not asking for any more than that. Just want to find something for the wording genre only.
    • Blossoms17
    • By Blossoms17 4th Mar 18, 5:52 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Hi, can I ask what the difference between a skeleton and a witness statement might be when submitting paperwork? I may have read it somewhere before but forgotten, I'm only doing a witness statement which I believe need to send before court date.
    • Blossoms17
    • By Blossoms17 4th Mar 18, 6:06 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Gladstone's has sent


    Dear.....

    We act for the Claimant.

    In accordance with the Order from the Court dated 14th February 2018, please find attached our Client's further Particulars of Claim.

    We confirm the Particulars of Claim have been Filed with the Court

    Yours Faithfully

    Charlotte
    Litigation Assistant

    Gladstones Solicitors Limited
    The Terrace
    High Legh Park Golf Club
    Warrington Road
    High Legh
    Knutsford
    Cheshire
    WA16 6AA

    w : www.gladstonessolicitors.co.uk
    t : 0333 0230 049 - Payment Line
    e : charlotte@

    They have sent copies of signage, however I have taken a picture of one of the signs but don't recall the other signs they claim were prominent. The car park has been changed now so have no proof they were not visible.
    • Blossoms17
    • By Blossoms17 4th Mar 18, 6:13 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Do Gladstone's need to provide proof of contact between claimant and the landowners?
    • nosferatu1001
    • By nosferatu1001 4th Mar 18, 6:39 PM
    • 3,722 Posts
    • 4,532 Thanks
    nosferatu1001
    As you!!!8217;ve managed three posts in quick succession...

    1) witness statement is what you!!!8217;re doing. Series of facts. ONLY - you are the RK of vehicle with vrm.... is a fact. I!!!8217;m not liable is an argument.
    2) what do the further particulars actually say? Do they now give a single cause of action?
    Signs - so they claim the signs were there on that day. You put them to strict proof f this.
    3) if you put them to proof they have authority in your defence, yes. But they won!!!8217;t provide that 7ntil the ws exchange
    When is this? The court hearing letter specifically tells you when all documents - ws , other evidence - must be received by all parties.
    • Blossoms17
    • By Blossoms17 4th Mar 18, 7:03 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Hi, sorry, for some reason some of your points aren't clear due to numbers jumping into the text. I'm just asking the question re proof of contract with landowners. The landowners were reel cinemas and they have now moved so all the signage has disappeared. The court letter states all docs need to be submitted at least 14 days prior to hearing. It doesn't state if it should be skeleton or ws. I'm just wondering if I should do both or one or the other.

    The particulars just state how they act on behalf of claimant and are entitled to the ridiculous sum of 100 plus costs etc. They also state I am the keeper and the driver on the date In question.
    • Blossoms17
    • By Blossoms17 10th Apr 18, 1:02 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Hi, I've sent a witness statement prior to court on 3rd May, this case was transferred from Wigan to york as I now live in york. However bmpa have made a comment about a number of cases being held here in york which I read as meaning it may make it less likely for me to be able to win my case. I don't know why that might be. Does anyone know about this? I have not pointed out why I was in the car park in my was but have stated that I only entered and had to stop to read the sign which wasn't possible from the road. Gladstone's has sent pictures of many signs that I don't recall or didn't see so I have also disputed this. I've spent many hours on this which has meant my MA coursework has suffered somewhat. I really am beginning to wonder whether it will be worth it to me now.
    • Redx
    • By Redx 10th Apr 18, 2:01 PM
    • 19,657 Posts
    • 24,948 Thanks
    Redx
    I would suspect its because MB are maybe based in York, so are more likely to defend cases locally and are more likely to be known to the court, than say in Wigan or Bournemouth etc
    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
    • Blossoms17
    • By Blossoms17 10th Apr 18, 2:39 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    Well after all the comments I've read on here about going for it and having my day in court and most cases are in favour of the defendants , I now feel deflated and defeated. Who are bmpa? They contacted me recently for an update but seem to give slightly different advice. I must explain why I was on the car park for 13 minutes without paying. My argument was that they need to prove the signs were displayed as they say they were and that they must prove a contract existed between the landowners, incidentally the firm no longer manage that car park as the reel cinema company has gone.
    It all seemed to be very positive on here but I think I've wasted so many hours and stress levels on this whole thing it was probably better to just have paid.
    • Blossoms17
    • By Blossoms17 10th Apr 18, 2:48 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    MB are based in york however Gladstone's are in Warrington, I have also asked if they have ROA so wonder how likely that would be if they have to come from Warrington to york? Clutching at straws possibly. Help please!
    • Blossoms17
    • By Blossoms17 10th Apr 18, 2:50 PM
    • 49 Posts
    • 17 Thanks
    Blossoms17
    [QUOTE][From a purely dispassionate point of view it is often financially better sense to pay the Dane. However have you read Pastor Neimoller's poem?/QUOTE]


    @The Deep| what?? Why have you just popped up saying that after months of being told the opposite on here and after reading all the newbies forum posts??
    Last edited by Blossoms17; 10-04-2018 at 3:05 PM. Reason: Change
    • nosferatu1001
    • By nosferatu1001 10th Apr 18, 2:55 PM
    • 3,722 Posts
    • 4,532 Thanks
    nosferatu1001
    If youre doing an MA you really should understand the reference given. Paying the Dane just means they come back wanting more. O bviously

    Having a reason for why the vehicle was there is of course good.
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