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About pips1504

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  1. Just an update on this. Went to court last Thursday and the judge dismissed the case. Said that she was sick of telling Gladstones the same things. Their witness statement was not good enough. Proof of signage was no good. The fact they they had not made it clear whether it was the driver or the keeper they were claiming from. Also said they had no right to claim for additional monies other than the £100 per ticket that they had originally specified. She insinuated that their business model seemed to to scare people into paying up before the case went to court and claiming additional money that they knew they would not have any right to in a court. My witness statement was never even mentioned and i never had to open my mouth in court other than to say "thank you maam".
  2. thanks for responding so quickly. I've just gone through my papers. I've returned the dq but not the ws. I was under the impression that as i wasn't using any other witnesses that this would be ok. Having just re-read the letter from the court with the Notice to Allocation it looks like i should have filed this last week. The court date is the 13th. I have very little understanding off all the court procedures and i apologize to you for that, but does that mean that i wont be able to refer to past cases. Many thanks in anticipation for your help Pip
  3. The last thing i sent in was as per post #19. Do i need to elaborate on this prior to the court date?
  4. Hi all I have received an email from Gladdys with a 19 page witness statement attached. Apart from preparing myself to be ready to appear next week in Court is there anything i need to send to the courts and to the claimant? I was planning on working on it at the weekend but now wondering if there is any thing that i need to send in to court prior to the hearing. Thanks Pip
  5. Defence submitted this evening on MCOL. Many thanks for all your assistance so far. Could anyone tell me what happens next? 1. The claimant has not shown a cause for action nor locus standi. 2. The signage is not a contractual offer but one of prohibition and therefore only the landowner may claim for damages for trespass. 3. The claimant has failed to show a cause for action by failing to*respond to a CPR 31.14 which was sent on the 23rd December 2016.
  6. I haven't heard anything back yet from Gladstones. With regard to my defence...should I complete online with mcol as soon as possible or should I leave it to as late as is allowed? Regards Pips
  7. Thanks for the response. So what do i have to do next? Do i have to state my defence on the MCOL website. Is there a particular format i have to adhere to? Regards pips
  8. I took a photo of the sign at the time the PCNs were issued but it is not great quality and difficult to read. I have found an almost identical sign online and crossed out the only differences between the 2. Regards Pips
  9. AUGUST Early evening of 22/08/16 Partner moved car to area to rear of hotel to unload 3 children and luggage whilst I was at reception. The car of which I am the registered keeper was parked in an area to the rear of the hotel on an unmarked block paved area. 23/08/16 Approx. 18:00 discovered 2 x PCN’s (Dated 22/08/16 & 23/08/16) affixed to windscreen of vehicle. SEPTEMBER Received 2 x Notice to Keepers (dated 24th September 2016 & 25th September 2016) NOVEMBER Letter before claim received from Gladstones solicitors dated 31st October 2016 detailing both PCN’s and requesting £150 for each. 07/11/16 - I sent a letter disputing the debt and asking for a letter compliant with Practice Direction Protocols. Letter received from Gladstones dated 21st November 2016 saying Annex A is no longer part of the practice direction DECEMBER 02/12/16 – I sent a letter once again disputing the alleged debt and that I maintained that their original Letter before Claim was not fully compliant with the Practice Direction. Claim Form received dated 15th December 2016 claiming £390.20 (£300 – PCN’s, £5.20 Interest. £35 Court fee and £50 Legal reps costs) I acknowledged on MCOL website on the 22nd December 2016. 23/12/16. I sent a letter to Gladstones for a CPR 31.14 request. merged.pdf
  10. Thanks for the responses. I will hopefully be able to reply fully tomorrow. Once again many thanks for all the responses so far.
  11. 1 The date of infringement? 22nd and 23rd August 2016 2 Did you appeal to the parking company? NO If yes, has there been any response? If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? NTK received 24th & 25th September. Photographic evidence of windscreen and front seats of car was on the NTK. 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) YES 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] No Appeal made 5 Who is the parking company? Parking and Property Management Ltd 6. where exactly [Carpark name and town] did you park? Parking at the rear of the Hounslow Travelodge 12 Lampton Road, Hounslow TW3 1JG. The area is entered from the Bulstrode Road.
  12. Name of the Claimant ? - Parking and Property Management Date of issue – 15 Dec 2016 Date to submit defence = by 4pm Monday 16th January(i think) What is the claim for – the reason they have issued the claim? - DATE 22/08/16 - AMOUNT - £150 - DUE DATE - 26/09/16 - - DATE 23/08/16 - AMOUNT - £150 - DUE DATE - 26/09/16 - Total Due - £300 AND THE CLAIMANT CLAIMS The claimant claims the sum of £305.20 for parking charges and indemnity costs if applicable including £5.20 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 14/12/16. Same rate to Judgment or (sooner) payment Daily rate to Judgment £0.07 Total debt and interest £305.20 What is the value of the claim? £390.20 (£35 court fee, £50 Legal representatives costs) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? Parking and Property Management Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
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