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  • FIRST POST
    • completelyfubar
    • By completelyfubar 22nd Aug 17, 11:29 AM
    • 17Posts
    • 6Thanks
    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
    • 17 Posts
    • 6 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
    • 50,098 Posts
    • 63,478 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
    • 885 Posts
    • 1,857 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
    • 17 Posts
    • 6 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
    • 504 Posts
    • 601 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
    • 17 Posts
    • 6 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
    • 50,098 Posts
    • 63,478 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
    • 17 Posts
    • 6 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
    • 50,098 Posts
    • 63,478 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.

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