Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #161
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Can we see a copy of their "contract" please

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  2. #162
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    I think its the same as sent before in their Witness Statement, if you have an email I will forward it to you ? or shall I just uploadicon their PDFicon they sent ?

    this is what they emailed me in PDFicon

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  3. #163
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Ahh yes, I remember it now I've seen it again. If I remember correctly, I pointed out that you did not breach any of the conditions which their own contract says will result in a ticket.

    That opinion hasn't changed, and I don't think you have anything to worry about at court. Just don't forget to claim all of your expenses, LiP costs etc. Might as well teach them a financial lesson as well

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  4. #164
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Thank you, The problem I have now is its my partners name on the summons but shes really afraid to go to court and to behonest finding someone to care for the poorly babies isnt going to be easy either. Can I be allowed to speak for her ? from memory I dont think I am

    Also, I notice on their WS they go onto a Defense - Do I counter this 'Defense' with the WS ? as is pointed out, the cases they rely upon are not relevant and their description of POFA is incorrect.

    It also looks like the badge is set to 1545 and ticket was issued at 1601

    - therefore, would it not be fair to argue as the vehicle is showing a disabled badge

    - if the occupant was having to go get change as their machines do not take notes

    - this could take a prolonged period as the only place is a shop within the hospital atrium;
    by the time walk there at a reduced rate, Q up to get the change and walk back

    - not much point getting a ticket once a PCN was issued ?

    How do I word expenses in the WS please ?


    Thanks you


  5. #165
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Quote Originally Posted by 2ltr16valve View Post
    Thank you, The problem I have now is its my partners name on the summons but shes really afraid to go to court and to behonest finding someone to care for the poorly babies isnt going to be easy either. Can I be allowed to speak for her ? from memory I dont think I am
    Yes, you are allowed to do the talking. But take a copy of the Lay Representatives (Rights of Audience) Order with you. http://www.legislation.gov.uk/uksi/1...9991225_en.PDF Just in case the Judge questions it.

    It might also be worth taking a copy of this section of the legal services act. https://www.legislation.gov.uk/ukpga...ts-of-audience That way, if Gladrags send anyone other than a solicitor (and they have a habit of sending the tea boy) you can question their right to be heard by the court. And if they can't speak, you can rip in to their evidence completely

    Quote Originally Posted by 2ltr16valve View Post
    Also, I notice on their WS they go onto a Defense - Do I counter this 'Defense' with the WS ? as is pointed out, the cases they rely upon are not relevant and their description of POFA is incorrect.
    Yep, go for your life and rip it to shreds

    Quote Originally Posted by 2ltr16valve View Post
    It also looks like the badge is set to 1545 and ticket was issued at 1601 - therefore, would it not be fair to argue as the vehicle is showing a disabled badge - if the occupant was having to go get change as their machines do not take notes - this could take a prolonged period as the only place is a shop within the hospital atrium; by the time walk there at a reduced rate, Q up to get the change and walk back - not much point getting a ticket once a PCN was issued ?
    PPC's are required by their Codes of Practice (both the BPA and IPC) to give a MINIMUM of 10 minutes grace (not the 10 minutes maximum that they like to claim). The disabled badge is a little bit of a red herring as it (realistically at least) has no relevance on private land. However, because the vehicle was displaying a blue badge, then I do not think that it would be seen as unreasonable to allow extra time to buy P&D tickets etc. Leave the getting change bit out of it, that's irrelevant and might even muddy the waters, especially as the NHS trust clearly state that parking is free for blue badge holders (outside of the barriers at least).


    Don't forget the screen shot of the hospital website, as in post #58 when it states that blue badge holders can park for free. Print it and take it with you.


    And then also have another look at my post #135

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  6. #166
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Thank yo for your reply.

    I think ive done what i needed to, be handy to email to someone to read over though ?


  7. #167
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    No need to email..post it here on your thread for advice and opinion.


    Andy

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  8. #168
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Okay, do i covert the word to PDFicon ? but edit the begining bits with personal info ?


  9. #169
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    I Think this is right ?

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  10. #170
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    You need to mark/number and refer to your exhibits ...eg (See exhibit 1a)

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  11. #171
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Quote Originally Posted by Andyorch View Post
    You need to mark/number and refer to your exhibits ...eg (See exhibit 1a)

    I thought I had with i,ii,iii etc ?


  12. #172
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    You actually have to write in your statement after the paragraph that refers to it...not just list them at the beginning.

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  13. #173
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    I think the hospitals own website, and the fact that they clearly state that parking is free for BB holders, is going to sink Gemini/Gladrags case without a trace.

    When you speak, open with that point.


    I wouldn't be at all surprised if the Judge stopped the proceedings and dismissed the case at that point.

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  14. #174
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Quote Originally Posted by Andyorch View Post
    You actually have to write in your statement after the paragraph that refers to it...not just list them at the beginning.

    Im confused, Ive put in the paragraphs that relate to the exhibits 'see exhibit (ii) below' etc ? is that incorrect ?


    Quote Originally Posted by DragonFly1967 View Post
    I think the hospitals own website, and the fact that they clearly state that parking is free for BB holders, is going to sink Gemini/Gladrags case without a trace.

    When you speak, open with that point.


    I wouldn't be at all surprised if the Judge stopped the proceedings and dismissed the case at that point.

    Hopefully if that dont, the fact the parking contract does not mention disabled badge holders having to pay and display - which their signage contradicts is enough hopefully.


  15. #175
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Printed to drop to the court tomorrow, also email to gladrags - even though on their email signature it says they dont accept documents by email ! yet see no problem sending them out by email !! As far as Im concerned its served.


  16. #176
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Rule 1 of fight club-
    never email a parking co or their solicitors. That advice is given in about 50% of the posts on here. You will only cause trouble for yourself as they will nnow email you stuff at mignight and claim that it is served. Block their email addy straight away. I am very disappaointed.


    Quote Originally Posted by 2ltr16valve View Post
    printed to drop to the court tomorrow, also email to gladrags - even though on their email signature it says they dont accept documents by email ! Yet see no problem sending them out by email !! As far as im concerned its served.



  17. #177
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    as for your witness staement, start off by staing that there is no contract, etc etc because....
    then go into the fact they have failed to produce the planning permission in response to a CPR 31.14 request and haven't put it in their evidence either so you believe they dont have it and thus the signage is there illegally so cannot offer a contract without it being an unlawful criminal compact and you cant agree to that anyways.

    then do the same with their contract with landowner, say you believe that they dont have the assignment of the rights to enter into contracts with the public etc.
    then go into details of the rebuttal fof their evidence.

    Make sure you have hard copies of everything you refer to so print out the web pages, other cases you want to refer to and so on. the judge isnt going to sit at a laptop and browse stuff.


  18. #178
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    The court have told my partner Today on the phone that I canít taln on her behalf unless she fills in a form and gets the judges permission ?


  19. #179
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    We never said you could
    But it wont get that far anyway i bet

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  20. #180
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    Default Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

    Dragon fly said I could above ?



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