Court Claim - Parking Control Mnagement / - 22-9-2017

[charitynjw]

Re: Parking Control Management (UK) Ltd & Gladstones court claim

Were you at the relevant time (Nov 2016 to Feb 2017) the registered keeper of the vehicle?

If so, was this registered at the address given on the court claim form?

[Kati]

Re: Parking Control Management (UK) Ltd & Gladstones court claim

I'm sure our @Kati can weave her magic to do so you want?

I'll give @Kati another nudge to see if your posts can be put onto your other thread - link posted above.

sorted
[MENTION=108462]AshleyJ[/MENTION] ... all the posts have been moved to your original thread now xx

[AshleyJ]

Re: Parking Control Management (UK) Ltd & Gladstones court claim

So it looks like both you and gladstones have received Direction Questionnaires to fill in. You fill it in and return to the Court AND the other side. That's why Gladstones sent you a copy of their response. Fail to follow the procedures and you lose. The courts encourage the opposing parties to talk so as to exchange information before court and possibly settle. The other side will see your evidence anyway.

The mediation is offered by the court. It is telephone based. You could agree to it but you want to pay noting, Gladstones want the full sum. You could mediate to, say, £20 to make it go away.

Have Gladstones suggested that this case is not complicated and can be resolved with a paper only hearing at the claimants court?

That makes sense!

Yes Gladstones have suggested that this case is not complex and would like to resolve with just paper and hearing at claimants court.

If I uploaded documents would that help!?? They have sent me an N159 form- but should it not be a N108 form?

It's all jargon to me.

- - - Updated - - -

sorted
@AshleyJ ... all the posts have been moved to your original thread now xx

many many thanks xx

- - - Updated - - -

Were you at the relevant time (Nov 2016 to Feb 2017) the registered keeper of the vehicle?

If so, was this registered at the address given on the court claim form?

No the car does not belong to me

[Kati]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

[MENTION=108462]AshleyJ[/MENTION] [MENTION=5553]charitynjw[/MENTION] ... I've deleted all the unnecessary posts xx

[AshleyJ]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

Thank goodness for that! ��

[AshleyJ]

Re: Parking Control Management (UK) Ltd & Gladstones court claim

The mediation is offered by the court. It is telephone based. You could agree to it but you want to pay noting, Gladstones want the full sum. You could mediate to, say, £20 to make it go away.

So your saying that we should use the mediation service to try to defuse the situation and stop the case moving forward. To be honest, in the first instance ideally, we would rather not go to court because of taking time off work and arranging child care and costly commute etc, however if we offer as you suggest £20 is that not then acknowledging the offence and then this could be used against me if and when it ever did progress onto the court stage. Not sure that's the best approach tbh!!

[charitynjw]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

Mediation via the free court service is confidential & so legally privileged.
It is usually regarded as 'without prejudice'.

[ostell]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

What goes on in mediation is not given to the court. The court you would attend would be YOUR local court, the court you specify in your DQ.

You also need to write to the court with your DQ telling them that you object to a paper only hearing as it puts you at a disadvantage. Search the PePiPoo forums for "Gladstone straightforward matter" and you will get suitable wording for the response.

[AshleyJ]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

Mediation via the free court service is confidential & so legally privileged.
It is usually regarded as 'without prejudice'.

Ok! That's good to know.

[AshleyJ]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

What goes on in mediation is not given to the court. The court you would attend would be YOUR local court, the court you specify in your DgQ.

You also need to write to the court with your DQ telling them that you object to a paper only hearing as it puts you at a disadvantage. Search the PePiPoo forums for "Gladstone straightforward matter" and you will get suitable wording for the response.

Not a problem! Thanks for your help.

[AshleyJ]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

[MENTION=5553]charitynjw[/MENTION] and [MENTION=49370]Kati[/MENTION]

I have copied below the revised version of the defence which was taken from the PePiPoo forums. Would you mind reading through and seeing if there is any missing points or other relevant info which could be used.

TIA

The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.

The Defendant objects strongly to this proposal.
The Defendant denies the claimant's assertion that the matter is relatively straightforward.
The issues in dispute includes the Claimant's defective Particulars of Claim, its failure to meet the requirements of the Protection of Freedoms Act to pursue the Defendant, who was not driving and the accusation of breaching the terms of parking on the land of xxxxxxxxxxxxxxx.
As a litigant in person, the Defendant would be seriously disadvantaged against the Claimant, a parking company that has employed its trade association's solicitor to prepare its documents.
The Defendant will also wish to question the Claimant regarding its witness statement and other documents.
The Defendant will in particular wish to verify that any photographs submitted by the claimant show the signage in place at the time of the event that did not meet the requirements of its trade association's code of practice.
The Defendant will in particular wish to verify that any photographs submitted by the claimant show the signage in place at the time of the event and not the new clearer signs that have since been erected.
The Defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the Defendant is a consumer.

Just wondering whether it is worth mentioning the 'right of audience' if this ever did go to court??

Any feedback or advice is greatly appreciated.

[Kati]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

I'd ALWAYS go for an 'in person' hearing if possible ... glad you're going that route too

[AshleyJ]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

I'd ALWAYS go for an 'in person' hearing if possible ... glad you're going that route too

Thanks!

[charitynjw]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

Have new site signs been erected since the parking incident?

[AshleyJ]

Re: Court Claim - Parking Control Mnagement / - 22-9-2017

Have new site signs been erected since the parking incident?

Yes the signs appeared approx. April this year. Last ticket issued was Feb this year.