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PCS's with Gladstones & Parking and Property Management Ltd, Threads merged
anothergasman
post Thu, 17 Jan 2019 - 16:44
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Hi Forum,

First of all, thank you for your time if you are reading this.

In full honesty, I have made a litany of mistakes and I am looking to see if anyone has any ideas. I did a lot of reading, made myself confused and i tried my best.

I have lots of scanned info.

The story-

I got 2 PCNs from Parking and Property Management Ltd (PPM) on 25/1/18 and 28/3/18. These were obtained on private land outside of a merchant I use on a very regular basis. I had been parking in the location for many years and can only presume there were no parking restrictions there before. I was (wrongfully) informed by the manager of the merchants that the tickets were a new occurrence and if I just ignored them, thinking they would go away (ha!).

I got letters from Gladstones (including one from Marstons but this is a bit weird). i.e I have a letter on 10.818 from Gladstones (Letter Before Claim) giving the charge dates as 25/1/18 and 28/3/18 and totalling £320 ( 2 x 160). I then have a letter from Marston on 26/1/18 demanding £627.50 (but...i am not even sure if its related to this case, me or anything else)

21.11.18 - I acknowledged the claim (I did some reading and realised my mistake).

Somewhere in between I registered via some government gateway and logged my defence. I am now no longer able to log in..I read a lot and cobbled together something. I fully realise that what I put together was far from perfect. Also criticism, as long as constructive will be listened too!

3.12.18 - Letter from HM Courts and Tribunals Service

13.12.18 - Letter From Gladstones inc. Directios Questionnaire (not replied)

2.1.18 - Notice of Proposed Allocation to the Small Claims Track (not replied - deadline 21.1.19)

So here I am. It looks like there is some mention of mediation and I have no idea what to do next. I am unable to log into the government gateway/portal where I logged my defence. I don't even know where I can look to online to get any further info about my case. I am not sure if Gladstone relied within 28 days regarding the letter dated 3/12/18.

If anyone has the time to read through all of this, I would be most grateful.

Kindest regards,

Another Gas Man

IMAGES

26.1.18 - Marston 1 of 2

26.1.18 - Marston 2 of 2


10.08.18 - Gladstones - Letter Before Claim

24.09.18 - Gladstones - Letter Before Claim


7.11.18 - Claim Form - County Court Business Centre 1 of 2

7.11.18 - Claim Form - County Court Business Centre 2 of 2


3.12.18 - HM Courts & Tribunals Service


13.12.18 - Gladstones - Cover

13.12.18 - Gladstones - Directions questionnaire (Small Claims Track) 1 of 3

13.12.18 - Gladstones - Directions questionnaire (Small Claims Track) 2 of 3



I have more images but the system will not let me upload them
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post Thu, 17 Jan 2019 - 16:44
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Redivi
post Thu, 17 Jan 2019 - 17:20
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Can you confirm that I've understood this correctly ?

The letter from the court in December - was it a Directions Questionnaire ?
If so, did you ignore it ?

If that's the situation, the court threw out your defence and awarded PPM a default judgment

If you DIDN'T receive a DQ from the court, you might have a chance to have the judgment set aside ?

I don't understand the suggestion in the Marston's letter that previous letters have gone to a different address
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nosferatu1001
post Thu, 17 Jan 2019 - 17:33
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OK that doesnt help

1) Did you ever get a directions question. from the court? Yes or No andwer
If YES did you send it back as required? Yes or No
If NO did you not think to check? You coudl have a set aside or the order I presume you have because
2) That is a warrant of control meaning they can clamp and take car. YOU MUST DEAL WITH THIS FIRST THING TOMORROW MORNING, WITH ABSOLUTELY NO DELAYS
Did you ever receive a court judgement in default?
How do you KNOW the Marstons letter relates to the court claim for a parking ticket?
Mostly because there is no way
3) The amount Marstons want can come from the court claim form plus stat fees (your claim form ends in .19, they claim you owe .50, and if state the court is Susex. If you never completed a DQ then it would never go to Sussex. TO be honest, MARSTONS are usually used by COUNCILS to enforce their parking charges, so again - how do you KNOW that Marstons ahs anything to do with this?)

4) Check your damned dates!
Do you mean 2019 for the Proposed allocation? That fits
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anothergasman
post Thu, 17 Jan 2019 - 17:52
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Hi Redivi,

Thank you for your time.

The letter from the court in December - was it a Directions Questionnaire? NO (I have more scanned images but the forum will not let me post them)
If so, did you ignore it ? Nothing to Ignore.

I got a directions questionnaire from, the court dated 2/1/19(I have more scanned images but the forum will not let me post them)

I am still trying to understand Marstons
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ostell
post Thu, 17 Jan 2019 - 17:56
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Post the images on another site and link to them from here
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anothergasman
post Thu, 17 Jan 2019 - 17:58
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Hi Nosferatu1001,
Thank you for your time

1) Did you ever get a directions question? from the court? YES on 2/1/19. I also got one from Gladstone on 13/12/18

If YES did you send it back as required? NO
deadline is 21.1.19


2) That is a warrant of control meaning they can clamp and take car. YOU MUST DEAL WITH THIS FIRST THING TOMORROW MORNING, WITH ABSOLUTELY NO DELAYS
Did you ever receive a court judgement in default? NOTHING
How do you KNOW the Marstons letter relates to the court claim for a parking ticket? I can't think of anything else it could relate to?
Mostly because there is no way
3) The amount Marstons want can come from the court claim form plus stat fees (your claim form ends in .19, they claim you owe .50, and if state the court is Susex. If you never completed a DQ then it would never go to Sussex. TO be honest, MARSTONS are usually used by COUNCILS to enforce their parking charges, so again - how do you KNOW that Marstons ahs anything to do with this?)

4) Check your damned dates!
Do you mean 2019 for the Proposed allocation? That fits CORRECT.
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cabbyman
post Thu, 17 Jan 2019 - 17:59
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Use TinyPic or imgbb to host them externally, and post the [img] tags to here.


--------------------
Cabbyman 11 PPCs 0
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anothergasman
post Thu, 17 Jan 2019 - 18:00
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13.12.18 - Gladstones - Directions questionnaire (Small Claims Track) 3 of 3



02.1.19 - Notice of Proposed Allocation to the small claims track 1 of 4

02.1.19 - Notice of Proposed Allocation to the small claims track 2 of 4

02.1.19 - Notice of Proposed Allocation to the small claims track 3 of 4

02.1.19 - Notice of Proposed Allocation to the small claims track 4 of 4


Defence - part of. Unable to get all of it (due to ignorance of how to view it after submitting it)
Defence and Counterclaim 1 of 4

Defence and Counterclaim 2 of 4

Defence and Counterclaim 3 of 4

Defence and Counterclaim 4 of 4




Aha!
Now it lets me post more images.
I hope this provides more context.
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Redivi
post Thu, 17 Jan 2019 - 18:22
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Marstons describe it as a fine that suggests it has nothing to do with the PPM claim
It also refers to the Sussex court

PPM is based in High Wycombe and, if you haven't returned a DQ, there would be no reason to transfer the case to your local court

Contact the court to make sure there hasn't been a default judgment
If the claim is still live, download a DQ, complete and return it

Gladstones likes to invite defendants to agree that the claim is relatively straightforward and can be decided on the papers without a hearing
Do not agree to this

£627 looks more in line with an MS90 conviction for failing to identify the driver following a speeding offence
You can check your driving licence online - It may even be revoked

If an MS90 is the reason, you'll need to make a statutory declaration that you knew nothing about the hearing

Silly question :
Has the address on your car's registration document been kept up to date ?

Updating driving licences thinking this also updates vehicle registrations seems to be the most common reason for these convictions

Keep your car locked away until the Marstons situation is resolved

This post has been edited by Redivi: Thu, 17 Jan 2019 - 18:26
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anothergasman
post Thu, 17 Jan 2019 - 18:36
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Hi Redivi,

Thanks for the reply

Marstons describe it as a fine that suggests it has nothing to do with the PPM claim
It also refers to the Sussex court. I am guessing then that I have made a mistake and this has nothing to do with Marstons. I think that they can be left out of the equation from now. Sorry for any confusion.

PPM is based in High Wycombe and, if you haven't returned a DQ, there would be no reason to transfer the case to your local court High Wycombe is my local court too. I thought this was going to be at Northampton?

Contact the court to make sure there hasn't been a default judgment - Superb advise. Thank you.
If the claim is still live, download a DQ, complete and return it Understood

Gladstones likes to invite defendants to agree that the claim is relatively straightforward and can be decided on the papers without a hearing
Do not agree to this Is that on the DQ form?

£627 looks more in line with an MS90 conviction for failing to identify the driver following a speeding offence
You can check your driving licence online Just did it. Completely clean

Silly question :
Has the address on your car's registration document been kept up to date ? Yep. Been at same address for 5 years

Updating driving licences thinking this also updates vehicle registrations seems to be the most common reason for these convictions. Could it be student loans?
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ostell
post Thu, 17 Jan 2019 - 19:33
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It only starts at Northampton and then gets transferred to your local court, if the paperwork has been completed
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anothergasman
post Thu, 17 Jan 2019 - 19:57
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Hi Ostell,
Thank you for your time.

Which paperwork transfers the courts? Is it the DQ form?

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ostell
post Thu, 17 Jan 2019 - 20:11
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Yes, the preferred court is one of the questions on the DQ
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Redivi
post Fri, 18 Jan 2019 - 00:03
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The thought occurs that this involves somebody with the same name and Marstons is chasing the wrong person
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nosferatu1001
post Fri, 18 Jan 2019 - 09:16
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Marstons cannot have anything to do with this, as it is relaitng to a FINE and was issued BEFORE the claim form. You obviously cannot have bailiffs if there hasnt been a judgement against you!

You REALLY must deal with Marstons; they will clamp and tow cars, and the V5 will NOT persuade them who owns it (because it tells you on the V5 it has nothing to do with ownership!) regardless of wha tyou say. So you MUST work out what this relates to; ring the council using the ref numbers Marstons has given you.

If you READ the gladstones letter, it tells you that they think this is relatively straioghtforward....
You should already have sent yoru DQ in
There is NOTHING to be gained by delaying and youre now too late to do it. It has to be RECEIVED by 21.01. Court AND claimant gets a copy, SEND IT NOW, VIA EMAIL, TO THE CCBC. If you dont, you will get a default against you on the 22nd.

This will go to your local court; if you'd read the DQ you will see it asks you for your local court....
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Redivi
post Fri, 18 Jan 2019 - 09:47
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There is NOTHING to be gained by delaying and youre now too late to do it. It has to be RECEIVED by 21.01. Court AND claimant gets a copy,
SEND IT NOW, VIA EMAIL, TO THE CCBC. If you dont, you will get a default against you on the 22nd.


Check the instructions
My understanding is that DQs must be returned to the court by post, not email

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nosferatu1001
post Fri, 18 Jan 2019 - 10:48
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Id do both!

You can send a completed PDF via email today
And send the completed doc on post today, with first class free proof of posting.

This post has been edited by nosferatu1001: Fri, 18 Jan 2019 - 10:50
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anothergasman
post Sat, 19 Jan 2019 - 14:02
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Thank you all for your input and time

I have done both post and email.

I am guessing now that this will go to mediation? If not, can someone please advise?
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Jlc
post Sat, 19 Jan 2019 - 14:11
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Mediation is a waste of time unless you want to pay them what they are asking for. (Or very close)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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anothergasman
post Sat, 19 Jan 2019 - 14:24
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Hi JLC,

Thank you for your time.

I am now confused. Why did I return the DQ form? Is there something I am missing?

Many thanks,
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