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Gladstones - Court Claim Form & defence

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  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    You can expand on the meaning of "parking" and how you were lost and came to enter the carpark in your WS


    I recently dropped my partner off in a ParkingEye carpark where he had parked overnight (we'd been to a wedding in the hotel), I was there for 1 or 2 minutes - I'm half expecting a half-baked claim to arrive.....
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    Is your parking company UKPC? HMRC has applied for a winding up order, so check after 22 May what their status is.


    https://m.thegazette.co.uk/notice/2759157
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • simonsam1964
    simonsam1964 Posts: 20 Forumite
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    Fantastic. Cant thank you enough, I really can't. I think this seems to be there, really. I'll style it as per your DropBox anonymised defence document and submit it along with the supporting particulars probably tomorrow once I've made sure everything is spelled correctly etc. Fingers crossed after that! Thank you.
  • simonsam1964
    simonsam1964 Posts: 20 Forumite
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    If you do receive one, I know somebody who might be able to help..... :-)
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    simonsam1964 wrote: »
    Fantastic. Cant thank you enough, I really can't. I think this seems to be there, really. I'll style it as per your DropBox anonymised defence document and submit it along with the supporting particulars probably tomorrow once I've made sure everything is spelled correctly etc. Fingers crossed after that! Thank you.
    On the planning permission point put in a para to say The D believes that the C does not have advertisement/planning consent for its signage, which is a criminal offence. It cannot rely on an unlawful act (the unlawful display of signs) to bring an action.

    I can't remember off the top of my head what the planning regulations are. They are 2012 and its regulation 30 - try googling it.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Loadsofchildren123 wrote: »
    What does Oxford English say? Judges will like an OE definition I think rather than this new-fangled Wikipedia thing.

    Agreed - and in Jopson v Home Guard (a persuasive Appeal case from June 2016 - originally a Gladstones claim - heard at Oxford and decided by Charles Harris QC) the Judge used the Dictionary definition to come to a finding that unloading - or stopping for some other minor vicissitude as part of the normal coming and going of a vehicle not left for a longer period of time - is not parking:

    http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

    These similar threads may help the OP:

    http://forums.moneysavingexpert.com/showthread.php?p=71873071#post71873071

    http://forums.moneysavingexpert.com/showthread.php?t=5563884

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    OED definition:
    bring (a vehicle) to a halt and leave it temporarily, typically in a car park or by the side of the road"

    This was also a crucial part of the Wikipedia definition which included " leaving it unoccupied".

    Why don't you gather together a few definitions - you already havev Chambers, Cambridge and Wiki, and now OED, and include all of them to show they all have as a crucial part of the definition the act of actually leaving the car.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
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    https://www.dropbox.com/s/jrmjffunrmjyggc/OED%20definition%20of%20parking.jpg?dl=0

    here's a photo of it
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • simonsam1964
    simonsam1964 Posts: 20 Forumite
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    Thank you everybody, particularly LoadsofChildren 123 I cannot tell you how much help you have been, testament to the fantastic spirit on this forum. I've submitted my defence now (was only permitted 122 lines so I had to edit down, but all the points were made) so I am now holding my breath to see what happens. I'll post here as and when I know anything. Thank you once again :-)
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    No-one said to cut it down to fit the MCOL restrictive 122 lines - it ruins the look and ease of reading the defence.

    This is explained in the NEWBIES thread post #2 where a link to bargepole's advice tells you to post or email the defence to CCBC in a certain font, with headings, not to MCOL it.

    Never mind, glad it's in but all the paragraphing has gone by submitting it that way (emailing the well-formatted, signed/dated defence as a PDF is best) and there was no need to cut it down.

    When it comes to the next stages be ready, by reading the NEWBIES thread post #2 again, it is all explained there, what to do, how to do it and who to send it to.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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