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    • SaveMeSomeMoney
    • By SaveMeSomeMoney 15th Jul 17, 8:24 PM
    • 2Posts
    • 1Thanks
    Court Claim Form help please
    • #1
    • 15th Jul 17, 8:24 PM
    Court Claim Form help please 15th Jul 17 at 8:24 PM
    Hi to everyone,
    I'm a newbie and need some help please. I have read the newbies thread but still need some advice specific to our case.
    The Registered Keeper received a parking ticket last year for parking in a retail park with a "No Parking On Roadways At Any Time" sign for 2 minutes. We did not pay the fine as we thought it was an extortionate amount for parking there for 2 minutes on a Sunday.
    We wrote to UK CPM once, after receiving a Final Demand and to Gladstones Solicitors once too upon receiving a Letter Before Claim from them. But they sent us Court Claim Papers asking for £248.30 in total costs.

    Basically, the driver parked there because she/he is a renal patient and was on PD at the time (a type of dialysis). the driver was due to do a dialysis exchange at that time and parked there so he could check if the restaurant nearby that they were due to have a family dinner in had a toilet suitable enough for him/her to do an exchange. So they all had just parked up and walked into the restaurant and when he/she came out to move the car after checking, there was a ticket on the windscreen.
    Because the driver was hoping to ignore the parking charge notice and hoped to not hear from the parking company again- he/she did not think it necessary to disclose their medical condition and the circumstances to the parking firm.
    So i just wanted to ask if we should state this in our defence as RK or if we can use any orher points in our defence.
    This has caused the RK so much unwanted stress - we just want this finished and over and done with. But we are not willing to pay a single penny to these daylight robbers
    Thank you for taking the time to help us out.
Page 1
    • Coupon-mad
    • By Coupon-mad 15th Jul 17, 9:56 PM
    • 48,045 Posts
    • 61,505 Thanks
    • #2
    • 15th Jul 17, 9:56 PM
    • #2
    • 15th Jul 17, 9:56 PM
    Yes you must start your defence with the facts of the matter, to make it clear to the Judge what the issues were.

    This will be finished & over and done with after the hearing, win or lose - fight it.

    Your other points would be the usual stuff you see in Gladstones defences and:

    - no grace period allowed, contrary to the IPC Code

    - predatory tactics (hiding/lurking, watching you, then immediate ticketing) contrary to the CoP.

    - no contract/signs unlit and not seen. "No Parking On Roadways At Any Time" fails to make any contractual offer.

    You need to read other similar defences, so try a search of words like:

    'defence Gladstones grace period predatory'

    And look for another defence or two, written this year, to copy from. Show us your draft, and can we check you have done the AOS online on MCOL, to extend the time to defend?
    Last edited by Coupon-mad; 15-07-2017 at 10:30 PM.

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • SaveMeSomeMoney
    • By SaveMeSomeMoney 16th Jul 17, 8:44 AM
    • 2 Posts
    • 1 Thanks
    • #3
    • 16th Jul 17, 8:44 AM
    • #3
    • 16th Jul 17, 8:44 AM
    Thank you Coupon-mad.
    Yes the RK has done the AOS online.
    Just need to draft the defence and i shall post a copy of it here.
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