Jump to content


  • Tweets

  • Posts

    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
  • Our picks

ginger1981

ES Parking/Gladstone claimforn - PCN Spinningfields Manchester

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1038 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Dear Ginger,

 

I am going through the exact same issue as you. Keeping calm as I've previously dealt with a case through POPLA (Excel parking in Stockport) and won the case.

 

Nothing to get stressed about - just go through the process and see what happens.

 

I recently submitted the AOS so I now get 28 days to submit my defence. I'm happy to take them to court - we need to be confident we can outclass such low life - I'm hopeful that the law is fair and just in this country so not too much to worry about.

 

Just one question:

If I lose time from work (due to attending court) which costs me money,

due to me being a contractor,

am I able to submit that claim against Gladstones?

 

I'd love to find a legitimate and lawful way to get them to pay up for the time cost of us following this through.

 

Ginger: Let me know how you go over the next few weeks and I'll probably follow your process if you are succeeding

- would be a good way for us both to win against them, every little helps.

Share this post


Link to post
Share on other sites

Hi Northwest IT Consultant,

as far as I'm aware if you win against them you can claim up to £90 for loss of earnings when you attend court, but I don't know how its allocated.

 

 

If you start a thread about your claim I'm sure someone will give you lots of advice like I've received, and I hope we can beat ES.

 

 

From all I've read they may not even proceed when they see the defence, but have a read of Parking Prankster and you'll see that Gladstones seem to enjoy going to court, even if they lose, because they get paid come what may by the parking company. I wish I could charge them by the hour for all the hassle its caused me!

Share this post


Link to post
Share on other sites

there are no costs allowed in small claims as such

that's why its call 'small' claims court


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

LiP costs yes, loss of earnings? No.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

you can claim for loss of earnings but you have to show a schedule of costs beforehand.

 

That can be on the day but you cannot ambush the other side with £1000 limmo hire to get to court or ask for lost wages when you havent yold anyone how much that is.

 

You can hand it over when you arrive and it will be considered but no guarantees.

 

Self employed people usually get between 0 and £60, work for the govt or local authority and you likely get nowt as employer deemed to give you the time off.

Share this post


Link to post
Share on other sites

this week we received the Directions Questionnaire from Gladstones,

and then following that got our version of it.

 

The covering letter from Gladstones states:

"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 clients opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

 

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 you wish to put forward,"

 

At the back of the questionnaire they attached a sheet

 

Request for Special Direction

We kindly request that the court send the N159 form (attached) to the defendant for their consideration, and upon the defendant consenting to the case being heard on the papers alone, the Judge makes the following direction;

 

"The matter will be considered on paperwork without a hearing. The parties attendance is not required and the judge will determine the matter based upon the documents and evidence supplies and any written representations received." "

 

I am absolutely not willing to have it judged purely on papers,

and want to reply to this effect,

but there is nowhere on the Directions questionnaire to write this,

 

 

should I just put it in a covering letter?

Or should I wait and see if they send me a N159 form out from the Court?

 

 

I could easily photocopy the copy that Gladstones have sent.

Also, Gladstones have said if we don't agree to the papers only route

they will insist on having the hearing at their local court, not ours. Is that normal?

Share this post


Link to post
Share on other sites

load of baloney because they don't want face to face questioning upon what they don't hold and don't have.

 

 

go nail 'em!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I take it you did file a defence then?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yes, I sent it the week before it was due,

which was lucky as I went into premature labour just before the deadline,

 

so have spent the last 2 weeks in and out of the hospital visiting my little baby.

 

He came home today though, so I have this fun and games to continue with!

Share this post


Link to post
Share on other sites

nice distraction then.

stop you taking them too seriously then..

 

well done nice he's sorted

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

they dont want you questioning them because they have been caught out telling lies recently and some judges are getting wise to their appaling behaviour.

 

 

They also dont like seeing some of the lay reps who help out at court next to the defendant and this way they get to kill 2 birds with one stone.

 

 

Send a letter to court saying you object to a paper hearing as the veracity of the parking co and Gladstones is open to question as a result of previous decisions and you want the opportunity to cross examine them.

Share this post


Link to post
Share on other sites

Do you think I should wait and see if the court send me out a N159 form?

Or should I just photocopy the blank one gladstones sent me and fill it in.

 

I want to make sure I dot all my i's and cross all my t's,

would hate for them to say I didn't fill in a form and they're going to do it one papers.

 

I know I have to send a copy of the completed directions questionnaire to Gladstones too.

Share this post


Link to post
Share on other sites

Gladdys are hoping to convince you their way is the only way.

A letter to court objecting to a paper hearing will suffice,

they decide on track and hearing, not Gladdys.

The default is county court with both parties in front of judge.

 

so, ignore them and wait for courts service to allocate after you have sent your letter..

 

Gladstones will have a hell of a time getting the hearing transferred to their local court,

especially as you now have a small baby and can raise this as a reason.

 

 

A relative of mine had an issue where the claimant moved the claim to their local court and lost and my relative was awarded £4000 travel costs. well he had come from Southy America and as the case was transferred he couldnt mitigate that cost by visiting relatives etc. Can work in your favour if you are disabled, taxi cost a fortune!

Share this post


Link to post
Share on other sites

Got a letter today to say it has been allocated to our local county court, not Gladstones! whoohoo!

Share this post


Link to post
Share on other sites

usually the case.

 

 

Now, if you live near to the other posters on this place it might be wise to get together and request all cases are heard together and result be seen as teat case based upon whoever gets to go first.

 

This will save court time and screw Gladdys and ES as if they lose the first one they lose every other claim automatically.

The risk is in the reverse but ultimately that wont matter because they have no chance anyway

Share this post


Link to post
Share on other sites

ginger1981: did you manage to find out if ES Parking had put up signs on council land? Just wanting to see if I can claim CPR27 full costs recovery due to malicious actions on ES Parking's part.

Share this post


Link to post
Share on other sites

Unfortunately I was due to go over and view the plans in Manchester but my waters broke and I'm still not allowed to drive for another week. I am planning a trip over in the next fortnight to check if it is a public highway, is that what you mean NorthwestITConsultant?

Share this post


Link to post
Share on other sites
Unfortunately I was due to go over and view the plans in Manchester but my waters broke and I'm still not allowed to drive for another week. I am planning a trip over in the next fortnight to check if it is a public highway, is that what you mean NorthwestITConsultant?

 

well I guess I want to verify that they have no right over the land in which case they are pirates and thugs who need to be sued properly - which I am willing to do.

Share this post


Link to post
Share on other sites
well I guess I want to verify that they have no right over the land in which case they are pirates and thugs who need to be sued properly - which I am willing to do.

 

When I've been I'll post the outcome, and if I get any images then I can forward them to you.

  • Haha 1

Share this post


Link to post
Share on other sites
When I've been I'll post the outcome, and if I get any images then I can forward them to you.

 

Thanks a lot, that would be much appreciated.

Share this post


Link to post
Share on other sites

I'd be very interested in seeing that too Ginger

Share this post


Link to post
Share on other sites
Gladdys are hoping to convince you their way is the only way.

A letter to court objecting to a paper hearing will suffice,

they decide on track and hearing, not Gladdys.

The default is county court with both parties in front of judge.

so, ignore them and wait for courts service to allocate after you have sent your letter..

!

The request for a paper hearing was very sneaky as it would mean that you would not see the papers they have said will be provided with the evidence. That would mean that you would not have the opportunity to challenge it. My only experience of a hearing without the parties being present ended up with the defendant submitting papers to the court the day before the hearing but I only received them the day after. Not surprisingly the judge used the arguments their late submission to dismiss the claim.

The lesson of this is that even if the judge decides that the hearing can be held in the absence of the parties there is nothing to stop you attending.

Share this post


Link to post
Share on other sites
ginger1981: did you manage to find out if ES Parking had put up signs on council land? Just wanting to see if I can claim CPR27 full costs recovery due to malicious actions on ES Parking's part.

ES Parking is a member of the IPC so have a look at their IPC code of practice

http://www.theipc.info/resources/brandings/brandmedia_2_Code-of-Practice.pdf

In particular section 14 refers to predatory tactics; the poor signage coupled with a claim for stopping could be regarded as predatory. Para 15 on page 13 states that stopping to read signs must be treated as a period of grace.

The signage certainly does not comply with that shown in schedule 1 for an entrance to private land so a complaint to IPC under schedule 2 would be appropriate.

You should also consider making a formal complaint to DVLA about their predatory tactics although they will refer it back to IPC.

Share this post


Link to post
Share on other sites
The covering letter from Gladstones states:

"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 clients opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

Request for Special Direction

We kindly request that the court send the N159 form (attached) to the defendant for their consideration, and upon the defendant consenting to the case being heard on the papers alone, the Judge makes the following direction;

"The matter will be considered on paperwork without a hearing. The parties attendance is not required and the judge will determine the matter based upon the documents and evidence supplies and any written representations received." "

I am absolutely not willing to have it judged purely on papers, and want to reply to this effect, but there is nowhere on the Directions questionnaire to write this, should I just put it in a covering letter?

Or should I wait and see if they send me a N159 form out from the Court?

Citizen's Advice have upgraded their public guidance and this is a brief but good source of informati0n that answers your questions:

https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Consumer%20Affairs/c-going-to-court.pdf

In particular it states that either party can object to a decision based on the papers.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...