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  • FIRST POST
    • lllc12
    • By lllc12 12th Sep 17, 8:17 PM
    • 18Posts
    • 1Thanks
    lllc12
    Help! Court claim for private parking ticket from uk car park managment
    • #1
    • 12th Sep 17, 8:17 PM
    Help! Court claim for private parking ticket from uk car park managment 12th Sep 17 at 8:17 PM
    Hi, I have received a claim form from UK CAR PARK MANAGEMENT and gladstoens for a parking ticket outside a flat with no permit. I was not the driver but don't want to name the driver, any help?
Page 2
    • lllc12
    • By lllc12 20th Sep 17, 9:23 AM
    • 18 Posts
    • 1 Thanks
    lllc12
    i acknowledged this last week the day i receaved the letter, on the 12th
    • Coupon-mad
    • By Coupon-mad 20th Sep 17, 10:51 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    Your defence needs to say that the Defendant was not the person who parked the car, and other facts:

    The defence needs to state that this is not a car park, it is a road adjacent to where the Defendant lives and the vehicle was only there very briefly, stopped for a handover from the garage to yourself, and parked by a person who knew nothing of any 'contract' on a dark evening. The Defendant was not the driver who parked the car. It was driven back from the garage as it had been broken down and was merely being delivered back and not parked for any length of time...

    ...you can then use Jopson v Home Guard where the Judge defined parking as opposed to a brief stop, such as for loading or delivery at a block of flats. I'm surprised you haven't just adapted Johnersh's ''own space'' defence instead of finding an old one. You can't use this, the UTCCRs Regs were repealed 2 years ago and were not considered 'important' by the Judges at the Supreme Court (God knows why not, I can't explain their decision that moved the penalties goalposts 'for Capita' without saying something I would regret):
    and contrary to the Unfair Terms in Consumer Contracts Regulations 1999.

    This bit below cannot be right - is it? Surely UKCPM are not suing on a pre-POFA PCN, they were clampers then and I've never seen them sue on a 2012 or earlier PCN. Stating the obvious but you will have to state your defence at a hearing in front of a Judge, so you MUST proof read your defence and understand it, and make sure everything makes sense (apologies if it is a pre-POFA PCN, but it seems unlikely to me).

    From the limited information provided by the particulars of claim, it can be seen the date of the alleged incident is xxxxxx which predates the enactment of PoFA 2012.
    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.

    • lllc12
    • By lllc12 23rd Sep 17, 7:52 AM
    • 18 Posts
    • 1 Thanks
    lllc12
    thanks for that, just to clarify where can I find Johnersh's ''own space'' defence?
    • Umkomaas
    • By Umkomaas 23rd Sep 17, 8:17 AM
    • 15,956 Posts
    • 24,760 Thanks
    Umkomaas
    thanks for that, just to clarify where can I find Johnersh's ''own space'' defence?
    Originally posted by lllc12
    In the NEWBIES FAQ sticky, post #2. Look there for exactly this and you'll find the link under it.

    Here is a defence for an 'own space' residential site, by Johnersh who is legally qualified
    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.
    • lllc12
    • By lllc12 2nd Oct 17, 8:25 PM
    • 18 Posts
    • 1 Thanks
    lllc12
    Hi, so I have sent offer my defence and just received a letter from Gladstones stating there client wishing to proceed with the claim. They have attached a copy of UKCPM Direction questioner, they are electing not to mediate. They have also requested the case be dealt with on papers not its a hearing.
    • lllc12
    • By lllc12 2nd Oct 17, 8:29 PM
    • 18 Posts
    • 1 Thanks
    lllc12
    should have received one of these from the court? and what should I do next?
    • beamerguy
    • By beamerguy 2nd Oct 17, 8:43 PM
    • 6,479 Posts
    • 8,312 Thanks
    beamerguy
    Hi, so I have sent offer my defence and just received a letter from Gladstones stating there client wishing to proceed with the claim. They have attached a copy of UKCPM Direction questioner, they are electing not to mediate. They have also requested the case be dealt with on papers not its a hearing.
    Originally posted by lllc12
    Wishing this be heard on papers is the famous Gladstones wheeze

    Normally means they do not want to go to court and they
    are unsure if they will win

    Say NO to papers, you want this heard face to face in front of a judge. Advise them of this and include your costs schedule

    If they have your number or email address, they might offer
    you a discount and then shortly after, they will discontinue

    The book of Gladstones with few pages is WWW rated
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 2nd Oct 17, 9:00 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    Hi, so I have sent offer my defence and just received a letter from Gladstones stating there client wishing to proceed with the claim. They have attached a copy of UKCPM Direction questioner, they are electing not to mediate. They have also requested the case be dealt with on papers not its a hearing.
    Originally posted by lllc12
    Yes, we know, this happens in every Gladstones case; it's been done to death.

    You know that too, I hope, because you'll have read other Gladstones threads and were expecting this and you know what to do, from those other Gladstones threads.

    Not repeating it on every Gladstones thread. I think I am on strike...
    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.

    • lllc12
    • By lllc12 14th Nov 17, 9:28 PM
    • 18 Posts
    • 1 Thanks
    lllc12
    Hi guys, just to give you an update on this. I was given a court date of the 8th December but I have just received a letter to stay the claim has been struck out by default, does this mean it is over completely?
    Last edited by lllc12; 14-11-2017 at 9:35 PM. Reason: edit
    • Lamilad
    • By Lamilad 14th Nov 17, 9:43 PM
    • 1,201 Posts
    • 2,387 Thanks
    Lamilad
    Hi guys, just to give you an update on this. I was given a court date of the 8th December but I have just received a letter to stay the claim has been struck out by default, does this mean it is over completely?
    Sounds like it Ring the court tomorrow to ask why it was struck out.

    MUI if the the claim is struck rather than dismissed they can re-start the claim from scratch if they want.... but I'd say that's highly unlikely.
    • Coupon-mad
    • By Coupon-mad 14th Nov 17, 9:47 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    Hi guys, just to give you an update on this. I was given a court date of the 8th December but I have just received a letter to stay the claim has been struck out by default, does this mean it is over completely?
    Originally posted by lllc12
    Yay, another win!

    Check with the court, and keep all your paperwork in case it gets reinstated somehow.
    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.

    • Johnersh
    • By Johnersh 14th Nov 17, 9:53 PM
    • 750 Posts
    • 1,393 Thanks
    Johnersh
    Sounds like someone at Gladstones didn't pay their court fee...
    • IamEmanresu
    • By IamEmanresu 15th Nov 17, 6:59 AM
    • 1,819 Posts
    • 3,214 Thanks
    IamEmanresu
    Sounds like someone at Gladstones didn't pay their court fee...
    Usually this is the reason ... then they send the court their "administrative error letter" and it is back on. So keep the paperwork.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Lamilad
    • By Lamilad 16th Nov 17, 7:31 PM
    • 1,201 Posts
    • 2,387 Thanks
    Lamilad
    What did the court say about why the case was struck out? Was it a failure to pay the fee?
    • lllc12
    • By lllc12 16th Nov 17, 9:18 PM
    • 18 Posts
    • 1 Thanks
    lllc12
    It basically says upon non-compliance with the notice dated ****** The claim is hereby struck out and hearing is vacated. The court has made this order of its own initiative without a hearing.
    • Lamilad
    • By Lamilad 16th Nov 17, 9:21 PM
    • 1,201 Posts
    • 2,387 Thanks
    Lamilad
    But did you ring them to ask if the fee had been paid. It would be useful for us to have this information
    • Coupon-mad
    • By Coupon-mad 16th Nov 17, 9:23 PM
    • 51,855 Posts
    • 65,486 Thanks
    Coupon-mad
    As IamEmanresu said:

    then they send the court their "administrative error letter" and it is back on. So keep the paperwork.
    Here is how to counter it, if they try that old chestnut:

    http://forums.moneysavingexpert.com/showthread.php?p=73406818#post73406818

    HTH
    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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