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PCn ... Appeal IAS... Court Letter
10020132
post Thu, 11 Oct 2018 - 01:01
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Hi
I got a Parking charge notice (PCN) on 3rd March 2018 from PCM Management Ltd and I appealed it. I received their response after 28 days in which the rejected my appeal and gave me the option to go to IAS. I appealed to IAS with all the points like no contract was formed, poor signage etc. and told them that I received the response after 28 days which even invalidates my appeal anyway. And they wrote to me saying that they have spoken to PCM and are agreeing to consider my appeal even though its out of time appeal. This was in May 2018

Since then, I never heard anything back from either of them. Now, I received court papers from Gladstone solicitors saying that I need to pay them 261 pounds because I failed to pay earlier.

I tried logging in to my IAS account which I couldn't login saying my password is incorrect even though the password was saved in google chrome. After resetting the password million times, I managed to login and my appeal does not even show up in my appeals. I wrote to IAS about it but they are not replying either

What should I do? PLease help !!!
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post Thu, 11 Oct 2018 - 01:01
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10020132
post Mon, 19 Aug 2019 - 12:16
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Ok thanks. I will amend that
Is there any thing else that needs ammendments? So, otherwise I can send it off tomorrow

Thanks you all so much

But the reason why I did put it there is because of two reasons. Firstly I followed the WS style from claimant. Secondly, I am not going to attend hearing so I thought I might include everything in here
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nosferatu1001
post Mon, 19 Aug 2019 - 13:35
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Their WS is no such thing. it introduces new legal arugments (almost certainly)_ and makes assertions without attempting ot back them up.
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ostell
post Mon, 19 Aug 2019 - 14:11
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Item 5, the failures are in paragraph 14 of POFA
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10020132
post Mon, 19 Aug 2019 - 15:14
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QUOTE (ostell @ Mon, 19 Aug 2019 - 15:11) *
Item 5, the failures are in paragraph 14 of POFA

Thanks for mentioning this

@nosferatu1001 thanks for your comment as well.

Do you think this statement is OK to be submitted now? Though I will improve on it little bit. Your response will be much appreciated. So I can submit it tomorrow then
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nosferatu1001
post Tue, 20 Aug 2019 - 07:53
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Its your choice

If you think its OK, then submit
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10020132
post Wed, 21 Aug 2019 - 07:52
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Thanks for your feedback. I have submitted it
Now my next query is how should I write to court to proceed with paper only hearing? Can I just say that I reced DQ in Dec 2018 asking for holidays for next 6 months (till June 2019)but my hearing has been set for September 2019. So I can't make it?

Or should I explain the reason for not being able to attend?
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The Rookie
post Wed, 21 Aug 2019 - 08:27
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Phone the court and explain and ask for a rescheduling.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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nosferatu1001
post Wed, 21 Aug 2019 - 08:29
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You need to notify the court AND CLAIMANT stating you are unable to attend and give a short reason why, and as such you ask for the claim to be heard on papers only.
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10020132
post Wed, 21 Aug 2019 - 08:41
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QUOTE (The Rookie @ Wed, 21 Aug 2019 - 09:27) *
Phone the court and explain and ask for a rescheduling.

I tried calling the court many times but no response from them

QUOTE (nosferatu1001 @ Wed, 21 Aug 2019 - 09:29) *
You need to notify the court AND CLAIMANT stating you are unable to attend and give a short reason why, and as such you ask for the claim to be heard on papers only.

Great. I will follow this route
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10020132
post Wed, 21 Aug 2019 - 08:55
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Also do I need to send the cost schedule along with it?
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nosferatu1001
post Wed, 21 Aug 2019 - 09:04
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I imagine you have zero ordinary costs, as youre not turning up, and if youre late submitting your own WS Id not draw "unreasonable behaviour" attention to yourself by making claims that THEY have behaved unreasonably.
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The Rookie
post Wed, 21 Aug 2019 - 09:05
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To claim costs, yes (assuming you win, which is less likely 'on papers').


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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10020132
post Wed, 21 Aug 2019 - 16:20
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So I have submitted everything now along with costs schedule requesting papers only hearing. I will update once I hear back in September

But I would like to thank you all for your unconditional and immense support in guiding me through the whole process and clear, sincere and quick responses. I thank you all for your time. You guys are gem and doing a great job.
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10020132
post Thu, 22 Aug 2019 - 00:13
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Just wanted to confirm one last thing.

I sent the ws to claimant's solicitors which is gladstones? Is it the correct thing to do?
Because my friend said that I should have sent it to the parking company. And I said all correspondence sent to me was through their solicitor. So just wanted to make sure.
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nosferatu1001
post Thu, 22 Aug 2019 - 11:20
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Yes. You serve on the solicitor same as if youre buying a house youd want your conveyancers to get documents.
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10020132
post Thu, 22 Aug 2019 - 11:25
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Thanks for reassurance
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10020132
post Mon, 23 Sep 2019 - 14:50
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Hi
So I have a news now. I got a letter from court saying that the case has been struck. Yay.... Its a good day today. Thanks for all the help that everyone of you did for me. I really appreciate it. You guys have been really patient with me considering how naive I was with this domain of challenging the pcn. I am really thankful to all of you who ever contributed the tiniest bit. I am really grateful

One thing I want to ask is that since it says that neither the defendant nor the claimant attended the hearing so it has been struck, does it mean that the court will award me the cost included in the cost schedule enclosed?
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10020132
post Thu, 26 Sep 2019 - 01:10
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Anyone???
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nosferatu1001
post Thu, 26 Sep 2019 - 06:56
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No
The defualt rule on small claims is that niether side gets much in costs, and nothing if there is no hearing.
CPR27.14(2)(g) is the only way you would get costs.
You COULD try gfor them but without a hearing your chances are slim to none.
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10020132
post Thu, 26 Sep 2019 - 20:03
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Many thanks. I really appreciate your advice throughout
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