PCM/Gladstones Claimform - scratched 7am not PM on visitors voucher - Tachbrook SW1 V (Peabody Estate Pimlico, London).

[Nicky Boy]

DX,

The fleecers WS quotes 23rd June as the hearing date.

 

But, also says it's at Northampton Combined Court?

 

Odd.

 

[Andyorch]

County Court at Northampton

[Disgruntled driver2022]

These are the only other relevant paperwork I've got to hand.

Will contact the court to get a copy of the other document

 

Finally got a copy of the Tenancy agreement. It is 16 pages long so I have only uploaded the section on parking as the other sections don't appear to be relevant.

 

I'm just wondering whether the court had actually sent me a N157 Notice of allocation to small claims track?

 

I assumed they did because I knew I saw a date somewhere. 

However, I may well have been referring to the date from the claimant's Witness statement.

 

I will check with the courts anyway.

 

GS letters+Court N271+my tenancy parking.pdf

[FTMDave]

I'm in a rush now between jobs at work, but if I've read it properly the fleecers have bottled turning up in court.

[dx100uk]

It reads that they are not attending, which if true, or they are not employing a locum, then if your ws is tight and you attend you'll win by default.

 

Dx

[FTMDave]

As dx says, it's vital you find the deadline for filing the WS.

 

Gladstones are nearly always late, so it's suspicious that they sent a WS now for 23 June.  It would suggest the judge set an early deadline.

[FTMDave]

If you can't find the court order by tomorrow, then ring the court urgently.

[FTMDave]

Any update?

[Disgruntled driver2022]

Hi all,

 

Yes, I contacted the courts yesterday and they confirmed that the court date is 23rd June. They advised that they would be posting out another 157 form but stated that they had already sent one. They cannot email it to me to get it any quicker. They also confirmed that the deadline for WS was 11th April, but that I can let the judge know I did not get the original 157 form. Not a good start.

 

The tenant will be out of the country come the court date but has agreed to provide me with a witness statement to confirm that my car did not arrive on her estate until 7pm that day and not 7am. Also, a friend that was also in the car when it arrived on the estate will provide a witness statement to confirm that the arrangement that day was to pick her up and then go to the estate.

 

We are wondering if phone records that day can show that there was call made on the day which would collaborate with the events of the day e.g. call to witness being picked up to say the driver was downstairs waiting for her, and calls to the tenant to advise of ETA etc whilst on route to her address in London.

 

Other than that, I have no other defence I can think of. Apparently it is still not too late to agree to mediation but at this late stage, I reckon Gladstones would not accept. They have paid out all costs now so no point them turning back, just to give me a lighter penalty so to speak - if you get my drift.

 

Anyway, that's the update so far. 

 

Unfortunately, nothing that I have provided so far seems sufficient enough to win. The fact that Gladstones will not be at court does not seem to be a win in my favour by default because they have provided enough pictures etc to show they have met their requirements. My failing is, that I did not respond to the parking company earlier. Had I done so, I could have proved that the car was on my drive at the time of the alleged contravention.

 

Any other suggestions at this 11th hour? I note there has not been any feedback following production of the tenancy agreement.

[brassnecked]

Don't worry too much, Gladstones will have messed up somewhere, they usually do.

[Disgruntled driver2022]

I hope so, but so far, it looks like I have lucked out. They seemed to have dotted all the I's and crossed all the Ts on this one. 

[FTMDave]

You need to produce a Witness Statement and you're already eight days late.

 

When can you realistically do this by?

[Disgruntled driver2022]

Probably Monday. Is the judge likely to take the testimonies of two of my friends anyway? It hardly seems worth the bother now, although I will continue since I've come this far. Is it worth considering mediation? Apparently I still have the option.

 

 

[FTMDave]

18 hours ago, Disgruntled driver2022 said:

The tenant will be out of the country come the court date but has agreed to provide me with a witness statement to confirm that my car did not arrive on her estate until 7pm that day and not 7am. Also, a friend that was also in the car when it arrived on the estate will provide a witness statement to confirm that the arrangement that day was to pick her up and then go to the estate.

You got the claim form in November - five months ago.

 

Surely these things should have been done by now.

 

You mention Monday.  I was going to say that I know I'll have some free time on Sunday late afternoon if you want to try to work through it with the help of the site.

 

I think you are being far too pessimistic.  When one party doesn't appear in court, the other party nearly always wins.

[Disgruntled driver2022]

I would appreciate your help on Sunday afternoon.

 

I will try to get the witness statements in by then for you to review.

 

Re: being pessimistic,

it is because I cannot really prove that I was not there at the alleged period of the contravention, other than the people who were there with me, saying we did not arrive at 7am.

 

I think the Judge will look at everything and think, why did i not respond when initially notified, and why I had let it go all the way to court.

 

It is a waste of everyone's time and money.

If Gladstones is aware they are less likely to win if absent, why would they not attend?

 

Just my thoughts but I will be here Sunday for any support on offer.

[FTMDave]

OK, "see you" around 5pm on Sunday.

 

Have a look at the attachment in post 110 here  https://www.consumeractiongroup.co.uk/topic/421775-vcs-spycar-pcn-paploc-now-claimform-no-stopping-east-midlands-airport/page/5/#comments

 

If it's not in post 110 it'll be a couple of posts above or below, sometimes the post count goes wonky.

 

This case is not similar to yours.  But Look at how Alaska101 sets out the introduction and the conclusion.  And how the clear headings show the judge instantly which legal arguments are being used.  You need to do something similar.

 

I haven't got time to read through your thread now, but I suppose your arguments will be something like -

   - de minimis

   - no locus standi

   - no keeper liability

   - illegal signage

   - abuse of process.

[Nicky Boy]

Disgruntled,

 

Can't see anywhere on the thread if you've taken pics of the signage?

 

If not, it would be an idea to get some good quality pics (text readable)...

The entrance sign, which is not actually facing the driver as they enter (highly suspect) and some of the other signs (especially if they differ from each other).

Also, any odd or unexplained road markings.

 

This is how the fleecers form a "contract" with drivers, so they HAVE to get them right.

[FTMDave]

Without wanting to bore you with daft stuff about my own life, I can't make 5pm on Sunday now.

 

However, tomorrow is virtually a free day for me if you have time to work on the WS.

[lookinforinfo]

Reason why people do not appeal when first given a

They know PCM and the IPC are a bunch of scammers using a kangaroo court and do not cancel tickets as you have their Trust Pilot reviews-

 

 

Parkingcontrolmanagement is rated "Bad" with 1.3 / 5 on Trustpilot

UK.TRUSTPILOT.COM

---

Do you agree with Parkingcontrolmanagement's TrustScore? Voice your opinion today and hear what 66 customers have already said.

 

So don't get in a panic as many people know how bad they are  [including Judges]. 

 

And although you messed up with the time they too have messed up especially with the PCN as I listed on post 18.

 

So you as the keeper are not liable to pay the debt.

The Courts do not allow them to assume that the keeper and driver are the same person so they have to prove that you were the driver on the day.

 

I hope that if you have had any correspondence with the rogues that you did not reveal who was driving.

 

On top of that you knew that you had arrived at the car park at 7pm which is why you left within the 24 hour period as you left around 6 pm the following day.

 

[FTMDave]

I'm free this evening for WS duties if that's any use.

[FTMDave]

Amazingly I have made it back for 5pm after all after a huge trek by public transport to Birmingham and back for a thoroughly-enjoyable West Bromwich Albion 1 Sunderland 2.

 

So available for WS help.

 

 

[Disgruntled driver2022]

Sorry, I was not able to do work on this case on Saturday as I had so many things to do and was out that evening as well. I picked up your last message about being available on Sunday late.

 

In the meant time, I have sent the court a mitigating email to ask for an extension, so will see what happens, but will continue to work on the WS and submit it anyway. As you've already stated, at this late state, I have nothing else to lose anyway.

 

I can continue working on this later tonight if anyone is available then, I would appreciate the help.

[FTMDave]

I have a flight today and can't help, sorry.

 

Tomorrow is a Bank Holiday where I live, if that's any use.  You should aim to get the WS to the court by 4pm on Tuesday.  But it depends on how "good" the drafted WS already is and how much time you have to deal with this tomorrow.

[Disgruntled driver2022]

Hi again,

My case is due to be heard tomorrow. What can I expect to happen? I'm just checking that I can turn up in person. 

Anyone available to advise?

[dx100uk]

you speak when spoken too......

and only reply as you have in your defence/witness statement.

if you hear the fleecers tell a white lie, you bring it up as so using the proof you provided in the above ....

DON'T enter into any little chats before you go in.

if approached smile and walk away....they pull every kind of stunt to unsettle you before you go in

typical one is their local rep whos there ( won't be gladstones) will claim you did not send their client a copy of your WS.

 

dx