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Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***


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Normally you should receive your Notice of Allocation (N157) 3/4 weeks max after transfer......yours was transferred 30/01/2018 to Romford...did you ring them as advised ? have you received it ?

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Normally you should receive your Notice of Allocation (N157) 3/4 weeks max after transfer......yours was transferred 30/01/2018 to Romford...did you ring them as advised ? have you received it ?

 

 

Thats what I posted - hearing date is 15th June.

https://www.consumeractiongroup.co.uk/forum/showthread.php?474479-Gemini-gladstones-claimform-Windscreen-PCN-Queens-hosp-Romford-P-D-ticket-and-display-with-disabled-badge-!&p=5115320&viewfull=1#post5115320

 

 

Partner called court and the fee was paid on 17th May, the order states must be paid by 1600 on 15th May or the case will be struck out with effect from 15th May 2018 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

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you've already filed your defence

witness statement

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is that final defense ?

 

Going to have to work on this when I get in from work today

 

I did advise you 16th May post#149

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so,

WS and all material you wish to refer to such as previous persuasive cases.

use the Parking Prankster's library on his web site and for recent cases his blogspot.

 

Pictures and documents you want to refer to and so forth.

These need to be laid out in a comprehensible order so number them and in your WS where you refer to them you refer to the document number as well so people following what you are saying can have both bits of paper open.

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  • 2 weeks later...

Im going to work on this today, weve had the babies very ill again this week so doing this just wasnt possible.

 

I am hoping to put a covering letter with the WS to explain the delay and hope its accepted.

 

Also received an email from GS with the parking contract they intend to rely upon.

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Can we see a copy of their "contract" please :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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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 :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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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

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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/1999/1225/pdfs/uksi_19991225_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/2007/29/schedule/3/crossheading/rights-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 :lol:

 

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

 

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

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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

 

 

Andy

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

We could do with some help from you.

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

We could do with some help from you.

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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.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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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 ?

 

 

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.

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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.

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