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Claim form received
Zena26
post Sun, 18 Nov 2018 - 01:29
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Hi Everyone . This is my first post as am a New member. Seeking help as I (the registered keeper) have received a claim form from the county court . This is my first ever court claim and at a loss what to do . I have acknowledged the claim and have been told by the court that I have until …. of December to file or submit a defence.

. the particulars of the claim goes like this. The driver of the vehicle number ….incurred the parking charges on …….date. for breaching the terms of parking on the land at ....apartment.(address)

The defendant was driving the vehicle and /or is the keeper of the vehicle. AND THE CLAIMANT CLAIMS £160 for parking charges/damages and indemnity costs if applicable, together with interest of £4.11 pursuant to s69 of the county courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day intotal they are requesting 239 pounds including legal cost and court fee. this is from Glastones by the way. and the parking company is parking and property management Ltd.


I would appreciate help to prepare a defence and hopefully win the case . unfortunately I don’t have the original parking ticket but I have the notice before Claim and the court papers. I have not sent any response to the claimant. The driver advised that they were annoyed when they saw that ticket left on the car. They were only gone less than 5 mins when they put the ticket on the car. The driver said it was in a compound with a block of flats where they were visiting a disabled child . The driver is a social worker and the child they were responsible for his welfare . They called the father on the phone asking where to park and he advised them to park there. there were numbered bays so they left a hand written note on the dashboard saying that they are a carer for a disabled resident and if needed to move the car, they should call the mobile number which they added to the note. The driver said they were in a rush so did not notice any sign until they came back out and found the ticket stuck on the windscreen , they called the number on the parking sign and a lady told them there was nothing they could do .


I was heavily pregnant at the time and too anxious about my pregnancy that the ticket was the least of my worries hence I have totally ignored their correspondence. I would be very grateful if you guys could help me out .


This post has been edited by Zena26: Wed, 21 Nov 2018 - 19:04


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Zena26
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post Sun, 18 Nov 2018 - 01:29
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Zena26
post Fri, 12 Jul 2019 - 20:09
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Hello everyone its been a long while since I have been here . Basically I have been given a court date for the hearing despite I was under the impression it will be heard in my local court but unfortunately it has been listed for a court hearing in central London which is miles away . I am just wondering if I need to stick with my original defence or do additional witness statement? Also would I be required to tell them at the hearing who the driver was ?

I know I am asking a lot of questions but this is all new to me hence am finding it very confusing as I have never been involved in a court case before.

Many thanks for your assistance .

Zena


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Zena26
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ostell
post Fri, 12 Jul 2019 - 20:51
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Which court did you specify in your directions questionaire? Did you submit the objection to the hearing on paper?
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nosferatu1001
post Mon, 15 Jul 2019 - 07:55
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INdeed

WRite to the court you have been allocated to, expressing surprise. You should have been allocated, as an individual, YOUR choice of court whcih would be X. You would like to know why you have been allocated to court Y. Was this the claimants choice of court? You will be FULLY aware if it is, as YOU have a copy of their DQ.
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Zena26
post Sat, 3 Aug 2019 - 22:29
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Thanks guys . Oh Yes! I did object to the hearing on paper and I have since written to the court regarding the choice of court as previously advised so am just waiting to hear . Meanwhile I have just received a witness statement from Gladstones solicitors with pictures and everything else relating to the case . Now I have no idea how to proceed. I am thinking of getting a solicitor but not sure if it will make any difference to the outcome. Its kind of stressing me out to be honest.
I am wondering if it is possible to upload the witness statement on here so that I can get some further guidance on how to respond.

Many thanks for all your assistance so far . Am really grateful to everyone who have contributed in one way or the other.

Kind Regards

Zena


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ManxRed
post Sun, 4 Aug 2019 - 18:41
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The witness statement should simply be an account of what happened, with supporting documentation. It shouldn't introduce any new legal arguments that they haven't already set out.

So, is everything in it accurate, or are there things in there which you can and should point out as being inaccurate? Documentation that you didn't receive? Statements about not receiving responses from you that you have evidence that you sent? Stuff that is just plain factually wrong?

Are there any new legal arguments in there?

You can anonymise it and post it here and we can certainly take a look, but have a good slow read of it and check to see if you think there's any inaccuracies in there.


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Zena26
post Thu, 8 Aug 2019 - 21:28
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Thanks Max
They included photo graphs of the area where the car was parked on the day, legal statements trying to justify why the defendant has been held liable etc


So is it Mandatory for the defendant to send a witness statement to the court prior to the hearing? I really don't have the time to do it as I would rather just go to court with my photographs on the day .


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Redivi
post Thu, 8 Aug 2019 - 22:40
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So is it Mandatory for the defendant to send a witness statement to the court prior to the hearing?
Yes. Otherwise the court will only have PPM's story

I really don't have the time to do it as I would rather just go to court with my photographs on the day
The court will throw them out
You have to send the evidence to the court and Gladstones two weeks before a hearing
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Zena26
post Sun, 11 Aug 2019 - 21:45
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Can I email the witness statement to Gladstones and the court just like I did with the defence? sending it in the post is going to go over the 14 days as I thought this was optional all along. Any ideas please ?


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nosferatu1001
post Mon, 12 Aug 2019 - 12:13
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You can email to Gladstones. Keep a copy of your SENT items so you can show it was served. ALSO send it by post, first class with proof of posting, as well

For the court - Youre now THREE WEEKS down the line! Have you not chsased up about the venue? Dont you think this should be quite important to get sorted?
if you emai lthe court they may not print it all out, but its the best you can do> ALSO do as above and POST it. This is a mistake of your own making, as is thinking you can willy nilly stpe outside of porocess (rocking up on the day) ....
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Zena26
post Tue, 20 Aug 2019 - 20:25
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Hi guys thank you all for the timely responses. I couldn't have done it without your support . I had to stay up all night writing up the witness statement which I also filed the same night via email and recorded mail the following day to Gladstones and the court respectively . My court date is in a few days and I just can't wait for this to be over. fingers crossed!

I will let you all know the outcome.

Kind Regards
Zena


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Zena26
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ostell
post Tue, 20 Aug 2019 - 21:02
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Best of luck
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Zena26
post Sun, 8 Sep 2019 - 22:47
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hi guys .
So I spent the entire day in Court and we were released for lunch around 2pm , Came back from lunch and waited only to be asked to go home around 4pm as many cases were adjourned due to shortage of judges. There were lots of other people whose cases were also adjourned . it was a central central London court and a nightmare to locate . I had taken the day off work in order to attend hoping it would be concluded on the day. Meanwhile the claimant's rep approached me towards the end and introduced himself and said he was asked to represent the claimant locally . He was really nice to me though beyond my expectations.


Now waiting for a new hearing date


Many Thanks guys .
Zena


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Zena26
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nosferatu1001
post Mon, 9 Sep 2019 - 09:05
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Joy
I would ask the court for a wasted costs order next visit. Not your fault it wasnt heard that day!
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