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  • FIRST POST
    • Nerfo
    • By Nerfo 11th Dec 17, 7:42 PM
    • 10Posts
    • 7Thanks
    Nerfo
    Gladstone / ES Parking - Court Claim Email
    • #1
    • 11th Dec 17, 7:42 PM
    Gladstone / ES Parking - Court Claim Email 11th Dec 17 at 7:42 PM
    Hey,

    I have put together a defence and submitted it to the court on the HM Courts and Tribunals Service on Thursday. I got an email from Gladstone personally to my email address today, and I don't know how to respond or are they trying to do me over because I don't understand the law/courts system.
    I would appreciate some advice on how to respond this email.


    We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

    Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. """

    Regards,

    Dan
Page 1
    • Redx
    • By Redx 11th Dec 17, 7:46 PM
    • 19,244 Posts
    • 24,458 Thanks
    Redx
    • #2
    • 11th Dec 17, 7:46 PM
    • #2
    • 11th Dec 17, 7:46 PM
    all explained in the NEWBIES sticky thread as this comes up daily

    dont bother with the GLADRAGS one, wait for the one from the court
    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
    • KeithP
    • By KeithP 11th Dec 17, 7:50 PM
    • 9,238 Posts
    • 9,447 Thanks
    KeithP
    • #3
    • 11th Dec 17, 7:50 PM
    • #3
    • 11th Dec 17, 7:50 PM
    The best advice for you is to read post #2 of the NEWBIES FAQ sticky thread.

    In there you will find a link to Bargepole's walkthrough of this court process.

    He explains exactly how to deal with this letter that you have received.
    .
    • beamerguy
    • By beamerguy 11th Dec 17, 8:00 PM
    • 8,444 Posts
    • 11,112 Thanks
    beamerguy
    • #4
    • 11th Dec 17, 8:00 PM
    • #4
    • 11th Dec 17, 8:00 PM
    "We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

    Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward."


    Typical Gladstones rubbish, they want you to believe that this
    case will go in their favour

    YOU SAY NO TO PAPERS AND YOU WANT THIS IN FRONT
    OF A REAL JUDGE


    This little wheeze from Gladstones means they are unsure
    of their case and don't want to be whooped again in court.

    Next thing will be a "special" offer and when they see it is
    going nowhere with you, they will probably discontinue.

    These letters from this incompetent solicitor are so
    predictable, just like a dirty bog brush.

    Stick to your guns and get all the help you need here
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Nerfo
    • By Nerfo 11th Dec 17, 9:36 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    • #5
    • 11th Dec 17, 9:36 PM
    • #5
    • 11th Dec 17, 9:36 PM
    Thanks for the advice. You can get lost in all the legal jargon and browsing through pages and pages of threads when your dyslexic can be an effort.
    I'll stick to my guns and wait for the courts outcome.
    • Coupon-mad
    • By Coupon-mad 11th Dec 17, 11:43 PM
    • 61,573 Posts
    • 74,441 Thanks
    Coupon-mad
    • #6
    • 11th Dec 17, 11:43 PM
    • #6
    • 11th Dec 17, 11:43 PM
    No, you are not waiting for the court's ''outcome''.

    You need the court version N180 first, for you to complete and send to the relavant parties, then there is more work to do, well before any hearing (as set out in any other court thread you care to read, as well as explained in the NEWBIES thread post #2).

    Please search Google for 'Gladstones relatively straightforward parking letter' before I self-combust from the stress of reading about this same old letter, every single day (twice today already) from posters who haven't Googled the obvious 'unusual' words from it.
    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.

    • nosferatu1001
    • By nosferatu1001 12th Dec 17, 1:02 PM
    • 3,429 Posts
    • 4,264 Thanks
    nosferatu1001
    • #7
    • 12th Dec 17, 1:02 PM
    • #7
    • 12th Dec 17, 1:02 PM
    If you dont yet havea copy of the N180 from teh court, check on MCOL and see if one was sent. Or just go download a copy for yourself. Easy.

    You have not read post 2 thoroughly enough. You are not, at any point, "sitting back".
    • Nerfo
    • By Nerfo 12th Apr 18, 10:02 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    • #8
    • 12th Apr 18, 10:02 PM
    • #8
    • 12th Apr 18, 10:02 PM
    Hello, I have been given an option for mediation and a court date has been set. I am preparing my defence at the moment. Do I submit this to the court before the hearing or just turn up on the day with my detailed defence?
    • KeithP
    • By KeithP 12th Apr 18, 10:05 PM
    • 9,238 Posts
    • 9,447 Thanks
    KeithP
    • #9
    • 12th Apr 18, 10:05 PM
    • #9
    • 12th Apr 18, 10:05 PM
    As nosferatu1001 has said "You have not read post 2 thoroughly enough".

    Again I need to refer you to post #2 of the NEWBIES FAQ sticky thread.

    Your answers are there.

    The whole point of that NEWBIES thread is to save people having to repeat the same answers again and again.
    .
    • Nerfo
    • By Nerfo 12th Apr 18, 10:25 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    I think I've messed this up. Is it possible to redo my defence and submit a better more detailed version?
    • KeithP
    • By KeithP 12th Apr 18, 10:43 PM
    • 9,238 Posts
    • 9,447 Thanks
    KeithP
    Have you already filed your Defence with the County Court Business Centre?

    Does MCOL show your Defence as filed?
    .
    • Nerfo
    • By Nerfo 12th Apr 18, 10:55 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    MCOL shows I have filed a defence. I'm not happy with the quality of it. I'm guessing I've no chance of amending it?
    • Nerfo
    • By Nerfo 12th Apr 18, 10:57 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    Unless I use a witness statement of what happened on the day as my bitter quality defence. Like Gladstone have done.
    • KeithP
    • By KeithP 12th Apr 18, 10:57 PM
    • 9,238 Posts
    • 9,447 Thanks
    KeithP
    You can, but it will cost you. £255 I think. Look up court fees.
    .
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 10:41 AM
    • 3,429 Posts
    • 4,264 Thanks
    nosferatu1001
    You need to ask permission to amend your defence, which will cost £255 as it requires a hearing (the C will oppose it)

    Gladstones havent made a better defence, of course. Theyre not the D, you are, they are making a claim and have to prove it. What theyve done is likely advanced NEW LEGAL ARUGMENtS that didnt exist in their PoC. Did they make the normal claim that MCOL stopped them providing a better PoC? You easily rebut that in YOUR ws by stating they only used X characters of the allowed 1080 and could have sent further PoC by ticking the option in MCOL. It just doesnt suit their business model of filing claims automatically, and fails their duty as Officers of the court.

    If they have added a new set of argumetns then END your WS with the below:

    I respectfully request that the court strikes out the Claimant's witness statement as in breach of Practice Direction 32
    It is clearly not a statement of facts known to the author but a series of new legal arguments advanced by its solicitor
    The solicitor, that is to all intents and purposes identical with the Claimant's trade associa
    tion, specialises in such claims, is fully aware of the difference and the Claimant should not be permitted to deliberately breach the Civil Procedure Rules in order to take advantage of an unrepresented Defendant.
    I have the reasonable belief that the solicitor intended such an ambush when it originally proposed a hearing on the papers under the pretence that the case was "reasonably straightforward"
    - Assuming the above is what has happened.
    • Nerfo
    • By Nerfo 14th May 18, 8:51 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    In reply to my last post you can submit evidence any time to the court upto 14 days before the case, so I submitted a detailed witness statement by me.

    Court case was today.
    Turned up nice and early.
    ES Parking didn't turn up because of 'urgent family matter'.
    Judge adjourned the case.
    Judge requesting proof of urgent family matter and awarded me £95 in expenses for booking a day off work for the inconvenience.
    He thinks it might just fizzle out from now.
    I find it amusing that ES Parking took me to court demanding money and I came out £95 up.
    • Coupon-mad
    • By Coupon-mad 14th May 18, 8:57 PM
    • 61,573 Posts
    • 74,441 Thanks
    Coupon-mad
    ES Parking didn't turn up because of 'urgent family matter'.
    Judge adjourned the case.
    Judge requesting proof of urgent family matter and awarded me £95 in expenses for booking a day off work for the inconvenience.
    Hahaha, well done! It may well fizzle out and you should receive your £95.
    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.

    • twhitehousescat
    • By twhitehousescat 14th May 18, 11:28 PM
    • 1,775 Posts
    • 2,243 Thanks
    twhitehousescat
    In reply to my last post you can submit evidence any time to the court upto 14 days before the case, so I submitted a detailed witness statement by me.

    Court case was today.
    Turned up nice and early.
    ES Parking didn't turn up because of 'urgent family matter'.
    Judge adjourned the case.
    Judge requesting proof of urgent family matter and awarded me £95 in expenses for booking a day off work for the inconvenience.
    He thinks it might just fizzle out from now.
    I find it amusing that ES Parking took me to court demanding money and I came out £95 up.
    Originally posted by Nerfo
    uncle "trev" misplaced his wallet
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Nerfo
    • By Nerfo 1st Jun 18, 2:18 PM
    • 10 Posts
    • 7 Thanks
    Nerfo
    Case:

    December 2016, 9pm, Parked in an office car park next to a cinema with no lighting, so signs were not visible. ES Parking ignored all of my appeals.

    Final Update:
    Got a new court case date. Arrived early. Claimant came this time.
    I was the first of four Defendants vs ES Parking. Went in and the judge pretty much just ripped them to pieces. The witness statement they supplied turned out to be a copy and paste job, saying Defendant claimed to have a permit when I did not display it on my windscreen." But I was never disputing a permit, I was disputing the lighting. After 20 minutes of the Judge grilling the claimant, I got the impression he wasn't happy with the witness statement and wouldn't take anything the claimant said as truth.

    This was my first time in court and didn't know what to expect. I gathered after 10 minutes I sit there and speak when spoken to. I worked this out after getting worked up when he said there was adequate lighting on the pictures, so I picked up the image and pointed at the lights being off. The judge politely told me to wait until it is my turn. That never happened because he didn't want to waste any more time and ruled in my favour. I got loss of earning back for the half day and the parking for a couple of hours (had to include that one).

    Thanks for the help and resources offered on this site.

    Hopefully, they lost all the cases today and they will think twice about how they act.
    Last edited by Nerfo; 01-06-2018 at 2:22 PM.
    • Castle
    • By Castle 1st Jun 18, 3:02 PM
    • 1,895 Posts
    • 2,566 Thanks
    Castle
    Have you received the £95 from the "first" court case?
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