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  • FIRST POST
    • completelyfubar
    • By completelyfubar 22nd Aug 17, 11:29 AM
    • 34Posts
    • 14Thanks
    completelyfubar
    Claim defence
    • #1
    • 22nd Aug 17, 11:29 AM
    Claim defence 22nd Aug 17 at 11:29 AM
    Good day to all on the forum, hopefully I can gain some valuable information before filing my defence.... A summary of what has gone on before;
    UKCPM PCN received: 21/11/2016 . From what I have read I don't think this was the first PCN issued but never received one before IF it was posted.
    I replied to the above notice with an altered template I got from this site but they just sent back a letter with an escalated fine/costs and references Beavis etc. There have been plenty of notices/debt collector ond Gladstone letters and I have replied twice since by letter and also email to Gladstone (no response to email other than an auto response)
    I have now been issued a claim (14/08/17) and have acknowledged it on the government gateway.

    As I received the PCN 6 weeks after the photo's I am unsure as to who was driving the vehicle, it could have been myself or my wife and we have argued this for some time now
    I have stated that I was not the driver in my first letter.

    I have absolutely no idea what the 'fine' was for as the car park is free and we had been parking on there for years prior to this. I had no idea they even had a parking management company there although I have learnt they only put the signs up in Sept/Oct 2016.
    The sign on the wall (pohoto'ed near my vehicle) has very small lettering and wasn't even noticed by any of our family and friends until the PCN landed.
    It is not within a yellow hatched area that the sign appears above and eludes that it is protecting.
    It is contentious from the photo's if the car is indeed parked or that it is purely stationary/giving way, i.e. no picture showing the front seats etc.and the car is not facing a wall.
    There are no signs at the immediate entrance and we had not noticed any on our previous visits to the small retail car park. There is another sign on the same wall for tesco metro that states 30 minutes parking allowed and nothing more.
    I believe the photo's were taken by a disgruntled cafe owner who doesn't like cars parking in front of his premises. The yellow hatched areas in front of his cafe appeared a few weeks prior and the car is not on them.
    I have tried ringing Tesco but no luck there & I have never been showed a contract or details that I could follow up with the landowner (requested in my letters)

    Any initial thoughts on this one peeps? Any help would be very much appreciated. I have read a considerable amount of the Sticky's and just wanted an initial opinion before setting out my defense.

    Thanks in advance
    Last edited by completelyfubar; 31-08-2017 at 7:04 AM. Reason: typo
Page 2
    • completelyfubar
    • By completelyfubar 16th Sep 17, 11:49 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    Just waiting for them to respond to my defence. I expect they will and therefore await the questionnaire.
    • Coupon-mad
    • By Coupon-mad 16th Sep 17, 12:36 PM
    • 51,532 Posts
    • 65,134 Thanks
    Coupon-mad
    Hey guys,

    Just received my LBC for the same site. Has anything else happened sincr your last post?
    Originally posted by Murlton
    You can learn and be ready for what happens when, from LBC onwards and through the court process until winning at the hearing, in post #2 of the NEWBIES thread.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Murlton
    • By Murlton 16th Sep 17, 12:44 PM
    • 40 Posts
    • 13 Thanks
    Murlton
    Hi Coupon-mad,

    My situation is near identical to completelyfubars, it happened at the same place and probably around a similar time. The only difference is there could be an argument that the picture of my car shows one of its tyres slightly over the yellow hash marks. Its dark on the image and could be argued I guess.

    The defence created in this post looks spot on, is this something thats created from scratch? Or is alot of it taken from existing defences? I'm just wondering how much of completelyfubars defence I can use for my own, with them being near identical.

    Thanks guys
    • Lamilad
    • By Lamilad 16th Sep 17, 1:17 PM
    • 1,178 Posts
    • 2,337 Thanks
    Lamilad
    The defence created in this post looks spot on, is this something thats created from scratch? Or is alot of it taken from existing defences? I'm just wondering how much of completelyfubars defence I can use for my own, with them being near identical.
    Most defences we see on here are copied from other defences and edited to suit the circumstances of the individual case.

    Start your own thread (after reading the NEWBIES thread), stating full details of your case including how and why you were issued with a PCN in the first place. Do not say who was driving, refer only to "the driver".

    Show us your draft defence and we will advise further.
    • completelyfubar
    • By completelyfubar 20th Sep 17, 8:49 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    Hi chaps
    Just had an email from Gladstones saying their client wishes to proceed and enclosing a copy of their questionnaire asking for a paper hearing or my 'genuine payment proposals' (how jolly nice of them
    Is it worth responding saying I will be asking for an oral hearing or just wait for my questionnaire in the post?
    TTFN
    • nosferatu1001
    • By nosferatu1001 20th Sep 17, 8:57 AM
    • 850 Posts
    • 970 Thanks
    nosferatu1001
    Well, what search on this entirely expected stage have yo udone already, to find out the answer?

    Gladstone Special Directions and POSTS should give yo ua good start
    • completelyfubar
    • By completelyfubar 20th Sep 17, 9:09 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    To be honest I've done a lot of reading but not found whether or not to respond to this email... sorry.
    Obviously I will be responding accordingly when I get the questionnaire
    Cheers
    • Coupon-mad
    • By Coupon-mad 20th Sep 17, 9:44 PM
    • 51,532 Posts
    • 65,134 Thanks
    Coupon-mad
    But loads of threads talk about this letter and how to respond. I guess we find searching easy but try this:

    If searching the forum is fruitless, just use Google:

    gladstones straightforward site:forums.moneysavingexpert.com

    or

    gladstones straightforward site:forums.pepipoo.com

    Searching any forum is soooo easy, even from Google. Just choose two keywords from any letter. This stage has been done to death on here and on pepipoo for more than a year.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • completelyfubar
    • By completelyfubar 20th Sep 17, 10:48 PM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    I'll wait
    Would never think to put straightforward in the search, no idea what that means?
    Still, I have googled it and spent an hour reading the results on my phone (I'm in hospital looking over my daughter who is I'll)
    Probably read most of the results before but still can't see whether to bother responding to GS letter.
    I'll assume that I don't and just wait for the questionnaire from the court
    Thanks guys
    • Coupon-mad
    • By Coupon-mad 21st Sep 17, 1:46 AM
    • 51,532 Posts
    • 65,134 Thanks
    Coupon-mad
    Read the letter from Gladstones and pick out the unusual word...that's how Google and forum searches work best, doesn't everyone do that?

    Of course the word straightforward is the obvious 'unusual' word in the letter to base a search on.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • completelyfubar
    • By completelyfubar 4th Oct 17, 11:11 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    OK so the DQ arrived last week so I completed the online pdf version then printed/signed/scanned back to pdf then emailed it to Northampton & Gladstones. Much neater way of doing it
    Just been on MCOL and can see receipt of the DQ and that it has been transferred to my local court.
    So now I await my court date ...... time to start compiling my evidence!
    • nosferatu1001
    • By nosferatu1001 4th Oct 17, 1:30 PM
    • 850 Posts
    • 970 Thanks
    nosferatu1001
    And writing your Witness Statement!
    • completelyfubar
    • By completelyfubar 4th Oct 17, 1:31 PM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    Indeed sir... indeed
    • completelyfubar
    • By completelyfubar 6th Oct 17, 11:23 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    Hilarious... Just received an LBCC from Gladstones... LOL
    • completelyfubar
    • By completelyfubar 6th Oct 17, 12:18 PM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    I've searched this one but come up with nothing on this site... What are your thoughts on the fact that the photo's where taken by a shop owner via the i-ticket app?
    Found this on another site:
    "Article 6 of the Human Rights Act guarantees your right to "face your accuser in court". In these cases that would be the person who took the photograph. By offering "complete privacy" this company is, therefore, acting illegally"
    • Umkomaas
    • By Umkomaas 6th Oct 17, 12:37 PM
    • 15,513 Posts
    • 24,235 Thanks
    Umkomaas
    Is your LBCCC dated 1 October 2017 or later? If so does it comply with the new Pre-Action Protocol, as explained here:

    https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims

    Does its reference number commence 1xxx or 3xxx?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Johnersh
    • By Johnersh 7th Oct 17, 9:06 AM
    • 653 Posts
    • 1,238 Thanks
    Johnersh
    The art 6 point isn't a runner. The 'accuser' is the PPC and you will be able to have a hearing. You will obviously still want to see a contractual paper trail.
    • completelyfubar
    • By completelyfubar 27th Oct 17, 7:33 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    A Second Claim :(
    Hi Peeps, I need some advice here please, really not sure what is going on.
    I have now got a second County Court Claim from Northampton but when reading closely it states a date 12 days earlier than the one I am contending at the moment.
    I have never had a PCN for this date and no correspondence from UKCPM at all. So I then went back through my pile of threatening letters from DRP and found a couple that had a different reference on them... I had just assumed it was for the same PCN and just added it to the pile!
    So the second LBCC (Gladstones) I got recently was actually for another claim and not the current one being defended.
    The thing is that I have absolutely nothing about this claim, no photographs, no PCN, just a couple of DRP letters and now a LBCC an CCCF

    So my question is, do I just put the same defence in for this one or alter it to indicate that I never received a PCN for this alleged infringement?
    This really has knocked me for six as I have already got my Court date for January 2018 and was building my witness statement and collecting evidence.
    Any help always well received guys
    Last edited by completelyfubar; 27-10-2017 at 7:39 AM.
    • Umkomaas
    • By Umkomaas 27th Oct 17, 9:05 AM
    • 15,513 Posts
    • 24,235 Thanks
    Umkomaas
    Have a read of the last few posts of the following thread - the OP on that one has a similar issue.

    http://forums.moneysavingexpert.com/showthread.php?p=73321168#post73321168

    It may help?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • completelyfubar
    • By completelyfubar 27th Oct 17, 9:26 AM
    • 34 Posts
    • 14 Thanks
    completelyfubar
    Thanks for the link :)
    Thanks Umkomaas, that's exactly what has happened to me.
    OK, I only have one NTK for an another type of infringement but the fact that they haven't grouped them together does show an abuse of the system.
    Do you think my first line of defence is to do exactly that then? Email CCBS asking them to merge the cases and giving details?
    Cheers
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