Jump to content


  • Tweets

  • Posts

    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and 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. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
    • what was the defaulted date? no nothing to do with the court case
  • Our picks

NorthWestITConsultant

ES Parking/Gladstone court case - PCN Spinningfields Manchester

style="text-align:center;"> Please note that this topic has not had any new posts for the last 991 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

then you had better get your claim in writing into the court pronto, with a full breakdown and send a copy to Gladdys.

 

At a push you can take a written breakdown of costs with you on the day but you will be less likely to be awarded them as that may be seen as ambushing the other side and not giving them the chance to withdraw their stupid claim.

 

However, you can still go after a costs order under CPR27.4.2g as they claim is entirely without merit and malicious.

 

Quote the claims they have lost to show the unreasonableness of their continued action and also quote any that you can find where they have discontinued so you can show that the only reason they are continuing is because you are suing them for breach of the DPA and thus their action is not to recover a debt but purely vex because of this.

Share this post


Link to post
Share on other sites

no, completely different case.

That will require a revisit to court.

 

However, they may just decide to settle for £250 out of court if you ask them after you have seen off their claim.

 

I did say you should make yourself aware of the procedures before embarking on that exercise so do so to ensure you dont do or say anything to them on the day that will subsequently damage your claim.

 

Also keep an eye on the deadlines for submission of evidence,

they are very keen on using late evidence based upon what you have given to them in time and hope to shove it through on the day.

 

Do not accept this, if they try either ask the judge to dismiss the new evidence or ask for an adjournment with them paying costs so you can consider it and respond.

 

the judge wont like to waste any more time

so most likely to tell them the new paperwork isn't accepted.

 

the usual method is to try and thrust a bundle into your hands in the waiting room.

Do not accept this and tell them that they should pass it to the judge and that you will be objecting to their tactics.

Share this post


Link to post
Share on other sites

Thanks

 

I submitted the additional evidence to both Gladstones and the County court. It's pretty damning to be honest. I won't accept £250, I'd rather take them to court. If they pay the full £750 then I may consider it.... even then I may prefer to get less and enjoy beating them in court.

Share this post


Link to post
Share on other sites

Gladdys are being dishonest to their IPC members when they set about getting them to sue motorists.

 

However, it is the parking co you are battling with so dont forget that, Gladdys are just tools.

 

Also, if they do offer £750 you will have to accept it, liking a fight or not.

That is the rules of the game.

If you dont you will not only lose the claim but you will have to pay their costs.

The courts are not kind in this respect

Share this post


Link to post
Share on other sites

No probs - I'll take that on board and accept but only if they offer me the full amount.

 

Do you think I should mention it to them on the day that I'm looking at additional legal measures and that I'll consider dropping additional cases if they pay up the full amount?

 

Thanks

Share this post


Link to post
Share on other sites

they will know what is what.

Chances are they will send a rep to court as they could get into bother if they pitch up themselves.

 

 

The owner of ES tends to turn up to local courts if there is more than one claim so check the listings when you get a notice of allocation.

 

 

You can then offer to help anyone else in your position if you have the inclination and time, Read up on lay reps and McKenzie friends

Share this post


Link to post
Share on other sites

Lost the case today.

 

Judge ruled that because Mr Hargreaves said there was a grace period and that the vehicle was parked for 17 minutes that the penalty stood.

 

Not a good day at all.

 

Have dropped the DPA claim too.

 

Judge was very harsh and ruled that the penalty stands as the car was parked for 17 minutes.

 

Very unfair.

Share this post


Link to post
Share on other sites

Threads merged..please do not start new threads on the same issue.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

penalty...


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

what did the judge say about the signage being prohibitive? Ie if you are barred from doing something then you cant be contracted to do it?

Share this post


Link to post
Share on other sites

you can appeal if you believe that the judge made an error in law,

errors on matters of fact are harder to appeal against.

 

How this is viewed is a toss of a coin as to whether it is more to do with the facts than the law concerning the signage.

 

Without a transcript of the judges decision we will never know.

Share this post


Link to post
Share on other sites

contact the court within 14 days to get in an appeal.

 

there will be a form for it, there always is.

 

As for the transcript, the tape goes off into the court somewhere and you can ask for them to send it to a transcription service

(cant just get the tape yourself, that would be too easy) and then you pay about £60 for a write up of it.

This transcript can then be used as evidence

Share this post


Link to post
Share on other sites

I think I'm just going to call it a day.

 

I've lost faith in the legal system after today.

 

Judge clearly contradicted himself.

Share this post


Link to post
Share on other sites

I'd be interested to know how long their alleged grace period is,

as we were there for less than 4 minutes and they still issued us with PCN and he never mentioned a grace period when we were in court.

 

 

Lost the case today.

 

Judge ruled that because Mr Hargreaves said there was a grace period and that the vehicle was parked for 17 minutes that the penalty stood.

 

Not a good day at all.

 

Have dropped the DPA claim too.

 

Judge was very harsh and ruled that the penalty stands as the car was parked for 17 minutes.

 

Very unfair.

 

I think I'm just going to call it a day.

 

I've lost faith in the legal system after today.

 

Judge clearly contradicted himself.

 

I'm so disappointed for you.

Share this post


Link to post
Share on other sites

not if you pay it all within 28days


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

Ginger,

there isnt a grace period,

 

this was a point in another claim where ES lost

Mr Hargreaves just made up a story on the spot because he knew that it might help his claim as his other tactics and lies didnt work.

 

I would like to know who the judge was and whether they were a HHJ, DJ, DDJ etc.

The lower the judge's rank the more notice they have to take of other decisions

 

if a HHJ had determined that the signage was prohibitive then your person cannot go against that (without a damned good reason) and expect to keep their job and at a push, freedom, it is covered by an act of Parliament dating back centuries.

 

the problem is that you have to go back to court and risk a higher costs order if you lose again to get this properly settled.

 

The appeal may well seta case precedent proper so that means making sure that you have everything tied up.

Edited by honeybee13
Paras.

Share this post


Link to post
Share on other sites

without knowing exactly waht was put forward as evidence by both sides on the day nor what the judge said that is impossible to answer.

 

When you raised the cases where ES had been spanked in court what did the judge say?

that will give a good indication.

 

 

Also, what class was the judge?

as said, there is a hierarchy so if a DDJ then you wll stand a very good chance of getting the decision reversed based on pervious decisions elsewhere.

 

 

Act quickly and there isnt much of a fee, it used to be free if you appealed within 14 days.

 

Tale advice from the British Motorists Protection Association,

they have experience in this and will offer impartial advice on the strengths of your case and can provise lay representation.

Share this post


Link to post
Share on other sites

It's £120 to appeal against the decision and then it goes to Manchester High Court.....

 

I think I'm going to do it. Do I have the forum's support?

 

Who do I get in contact with in terms of BMPA?

 

Also one other question:

 

Should I decide to get some representation in now that I'm looking to take it to the high court?

 

 

Any suggestions?

 

Thanks

Share this post


Link to post
Share on other sites

Well, start with either the parking prankster through his web site (not blog) or find John Wilkie's details by looking up BMPA.

 

They have experience in appeals as well as doing ordinary county court so will hopefuly advise on the liklihood of success based upon what evidence you submitted and what you think was wrong.

 

I can offer my opoinion on the truth of Mr Hargreaves evidence based on what he has said previously and that the judge made an error in law when considering that a prohibition is a contractual obligation

 

 

but as I didnt hear the judges summing up of the facts or reasons given for decision saying that may be barking up the wrong tree.

 

 

I would say you have more to win than to lose but it isnt my money

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...