Court claim - AM Parking via Gladstones

Alfie100 · 20 January 2017 at 3:16PM

I have put this on the legal beagles forums but as yet have not received a response and need help, I acknowledged service online and that I would be defending the claim in full just do not know how to write it on the defence forms.

I have received a court claim from AM Parking Services claiming £217.83 stating the driver of vehicle reg number incurred the parking charges on 19.09.15 for breaching the terms of parking at the address.

The address is a block of flats where I was the tenant with a valid parking permit. I was given the permit the day I signed the tenancy with no holder provided and I can only guess that it wasn't displayed on the windscreen at the time due to moving from its place on the dashboard, the car was a convertible so is a possibility, I say guess as no ticket was left on the screen.

No notice to keeper was received.

The first I knew of this alleged contravention was when I received a letter from a solicitor in August 2016 demanding payment of I think £120 but with no evidence supplied.

I responded as I had a legal right to be parked there, rent was extortionate and included the parking bay, I said sorry this is the first I know of any contravention that I was the tenant with a valid permit and enclosed a photocopy of the permit and I hope this puts an end to it.

I have since moved house, and heard no more until a few days ago when I received the claim form.

I hope that what I have written is a valid defence against their claim.

Can anyone help? Thank you

The_Deep · 20 January 2017 at 3:41PM

PPCs have recently been losing these "own space" cases hand over fist. If they have obtained your details from the DVLA without due cause you can possible claim £250- £750 from them.

Read some of these

http://forums.moneysavingexpert.com/showthread.php?t=5574492

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

http://forums.moneysavingexpert.com/showthread.php?p=71954785#post71954785

Coupon-mad · 20 January 2017 at 5:04PM

I have since moved house, and heard no more until a few days ago when I received the claim form.

I hope that what I have written is a valid defence against their claim.

Same advice as here:

http://forums.moneysavingexpert.com/showthread.php?t=5589029

Come back when you have done your reading and have done the AOS online via MCOL.

DoaM · 20 January 2017 at 5:20PM

Just in case it's not clear ... when you acknowledge service, DO NOT enter any defence at that point. (If you do then you can't add any defence points later in your witness statement).

Alfie100 · 20 January 2017 at 5:26PM

Have already done the AOS online.

Looks like its time to do some reading!

Thank you for the links and replies

Alfie100 · 6 February 2017 at 9:10PM

Am confused, acknowledged service on the MCOL website, did not write any defence.

I have tried to log on today and it says either the password or claim number are wrong but they aren't!!

How do I get around this?? Thanks

twhitehousescat · 6 February 2017 at 9:13PM

ring them in the morning

Alfie100 · 6 February 2017 at 9:15PM

Thank you just can't understand why I can't log on. Claim is dated 11th Jan so am well within the time scale

Alfie100 · 7 February 2017 at 12:26AM

Haven't had the chance to go back and photograph signage as I don't have a car and google maps only show the building site.
There is nothing on my tenancy relating to the parking space at all, I didn't sign for the permit it was just a coloured piece of paper with a number that bore no relevance to the space or flat number.
I did not sign for the credit card thing I had to use to access the car park in the first place as they had shutters on it.
Have no idea what to write as my defence totally clueless feel like giving up and paying.

twhitehousescat · 7 February 2017 at 12:31AM

Alfie100 wrote: »

Thank you just can't understand why I can't log on. Claim is dated 11th Jan so am well within the time scale

how many days ago is this?

Have already done the AOS online.

have they recieved it?

"2. You should now Acknowledge Service of the claim, ticking the box that says you will defend in full. Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop. "

did you?

Coupon-mad · 7 February 2017 at 1:23AM

The code you need isn't the password on the claim form now, I believe it's the Government Gateway Password or ID generated when you registered. If you didn't make a note of it this stops you logging back in.

Your defence can be emailed anyway, so never mind, forget MCOL which is not the best way to submit a defence:

ccbcaq@hmcts.gsi.gov.uk

Best set out in 1.5 line spaced Times New Roman font, as a word document, as per bargepole's advice in the NEWBIES FAQS thread about how to set out a defence (under the heading 'Small Claim?').

Haven't had the chance to go back and photograph signage as I don't have a car and google maps only show the building site. There is nothing on my tenancy relating to the parking space at all, I didn't sign for the permit it was just a coloured piece of paper with a number that bore no relevance to the space or flat number. I did not sign for the credit card thing I had to use to access the car park in the first place as they had shutters on it. Have no idea what to write as my defence totally clueless feel like giving up and paying.

Come back to this tomorrow, sit down and search 'Gladstones Jopson defence' and read all the other ones you can crib from, about residential spaces v Gladstones. Easy. you can do this, others have. No-one has lost v Gladstones here.

Court claim - AM Parking via Gladstones

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