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  • FIRST POST
    • Quetzal88
    • By Quetzal88 4th Oct 17, 5:45 PM
    • 11Posts
    • 2Thanks
    Quetzal88
    Hellp with defence, I have been gladstoned
    • #1
    • 4th Oct 17, 5:45 PM
    Hellp with defence, I have been gladstoned 4th Oct 17 at 5:45 PM
    Hi,

    I have read the newbies posts. Thank you for all this helpful factual info. So I am now about to submit may acknowlegement for the claim received from Northampton County Court. I will follow advice a defend in full.

    I would appreciate any help I can get at this stage.

    the facts:

    A member of my family, not me the registered keeper, parked into a private car park managed by Minster Baywatch.

    This was not intentional as the car park in in front of shop we normally go to. However now there an APR. So we got the intial letter. We appeal directly to MBW. Of course to no avail. We felt the fine was actually too high in principle. At this stage we made an offer for about half the amount.
    This as rejected. ( kept all correspondance)

    We did not apply to POPLA ( maybe we should have..).

    This moved on to Gladstone solicitors. Again responded to LBC. Also made a second offer to MBW.
    Letter simply saying that I should now only deal with Gladstone.

    No further letter from gladstone but we got the Claim from court in Nothampton.

    I have again contacted Gladstone to see if we could make an out court settlement, ( recorded delivery), no reply by so far but it as been a few days.

    As time is against me and I have to respond to court I will not wait further.

    I went back to car park. Yes there signs, stating this is a private car park.

    I want to build my defence on the fact that you cannot read them from a distance ( at least the bit about fine cost). Also when you enter the private car park the sign is on the left side not in front. The sign that is in front against a wall, because the wall is not higher than 6ft the sign is easily hidden by tall cars such as MPV.

    Finally if you enter the car park and park on right hand side the there are not any signs directly above those bays. Those are the actual bays closer to the shop.

    Thank you.
Page 1
    • Quentin
    • By Quentin 4th Oct 17, 5:49 PM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    • #2
    • 4th Oct 17, 5:49 PM
    • #2
    • 4th Oct 17, 5:49 PM
    Yes you should have used POPLA but spilt milk now!


    Though if you are writing to Gladstone and the creditor offering to pay why are you posting here??
    • beamerguy
    • By beamerguy 4th Oct 17, 6:34 PM
    • 6,183 Posts
    • 7,919 Thanks
    beamerguy
    • #3
    • 4th Oct 17, 6:34 PM
    • #3
    • 4th Oct 17, 6:34 PM
    Quetzal88

    Just to put you right, you have NOT been Gladstoned

    "You have been Gladstoned" derives from Gladstones many
    failures in court and is directed at the PPC who instructed them

    So, that's a good starter for you, Gladstones constantly
    prove themselves to be incompetent

    Sounds like your case can be built on the woeful signs and
    you should take as many pics as possible

    Have a read of this where Minster Baywatch have lost
    because of Gladstones

    http://parking-prankster.blogspot.co.uk/search?q=minster+baywatch
    Last edited by beamerguy; 04-10-2017 at 6:40 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • IamEmanresu
    • By IamEmanresu 4th Oct 17, 7:01 PM
    • 1,576 Posts
    • 2,903 Thanks
    IamEmanresu
    • #4
    • 4th Oct 17, 7:01 PM
    • #4
    • 4th Oct 17, 7:01 PM
    What were the facts of the case. Was it Pay & Display and the driver didn't pay

    ..Or was it permit only and there was no permit

    .. and how long was the driver there.

    These are simple cases which turn on the facts of the event.
    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
    • Davejack
    • By Davejack 4th Oct 17, 7:02 PM
    • 1 Posts
    • 0 Thanks
    Davejack
    • #5
    • 4th Oct 17, 7:02 PM
    • #5
    • 4th Oct 17, 7:02 PM
    Hi,I have just received a court claim from Gladstone too.I actually purchased a parking ticket for £12 in Blackpool over a year ago.I put it on my dashboard but it must have slipped down to the bottom of the windscreen where the attendant couldn't read it properly.Anyway I received a parking charge notice,we appealed this by sending a photocopy of my ticket purchased.This was completely ignored and months went by then I received a demand for £100 now not £60 anymore,we ignored this and six months later received a letter before claim from Gladstone.We sent them a photocopy of the original valid ticket purchased and a letter saying what we had done appealing the first ticket which was ignored,anyway months later we now have the court claim and havn't a clue where we stand and what to do ,any advice anyone,Dave.
    • beamerguy
    • By beamerguy 4th Oct 17, 7:33 PM
    • 6,183 Posts
    • 7,919 Thanks
    beamerguy
    • #6
    • 4th Oct 17, 7:33 PM
    • #6
    • 4th Oct 17, 7:33 PM
    Hi,I have just received a court claim from Gladstone too.I actually purchased a parking ticket for £12 in Blackpool over a year ago.I put it on my dashboard but it must have slipped down to the bottom of the windscreen where the attendant couldn't read it properly.Anyway I received a parking charge notice,we appealed this by sending a photocopy of my ticket purchased.This was completely ignored and months went by then I received a demand for £100 now not £60 anymore,we ignored this and six months later received a letter before claim from Gladstone.We sent them a photocopy of the original valid ticket purchased and a letter saying what we had done appealing the first ticket which was ignored,anyway months later we now have the court claim and havn't a clue where we stand and what to do ,any advice anyone,Dave.
    Originally posted by Davejack
    This thread belongs to Quetzal88

    PLEASE start your own thread for help, thanks

    PS: Gladstones are incompetent so don't worry
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Quetzal88
    • By Quetzal88 5th Oct 17, 9:37 AM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    • #7
    • 5th Oct 17, 9:37 AM
    • #7
    • 5th Oct 17, 9:37 AM
    I am posting here because I am past the negociating stage, which failed. Having read the newbies I am now going for a full defence.
    • Quetzal88
    • By Quetzal88 5th Oct 17, 9:41 AM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    • #8
    • 5th Oct 17, 9:41 AM
    woeful signs
    • #8
    • 5th Oct 17, 9:41 AM
    Quetzal88

    Just to put you right, you have NOT been Gladstoned



    "You have been Gladstoned" derives from Gladstones many
    failures in court and is directed at the PPC who instructed them

    So, that's a good starter for you, Gladstones constantly
    prove themselves to be incompetent

    Sounds like your case can be built on the woeful signs and
    you should take as many pics as possible

    Have a read of this where Minster Baywatch have lost
    because of Gladstones
    Originally posted by beamerguy
    Ok, I stand corrected..

    Thanks, I will go back and take even more pictures, I am hoping to take a picture when there is a slightly taller car to show sign can be hidden. Thank for the link, I will study it.
    Last edited by Quetzal88; 05-10-2017 at 12:06 PM.
    • Quetzal88
    • By Quetzal88 5th Oct 17, 9:46 AM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    • #9
    • 5th Oct 17, 9:46 AM
    • #9
    • 5th Oct 17, 9:46 AM
    What were the facts of the case. Was it Pay & Display and the driver didn't pay

    ..Or was it permit only and there was no permit

    .. and how long was the driver there.

    These are simple cases which turn on the facts of the event.
    Originally posted by IamEmanresu
    Hi, it was a permit only and driver was there less than an hour. There was no barrier if it makes a difference.

    Thought car park belong to the shop in front. Turns up shop does have a car park just further along..
    • Quetzal88
    • By Quetzal88 5th Oct 17, 12:05 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    Put onus on Claimant
    I have read the following on the forum, should I do the same thing too ?

    Writing to Gladstones denying any debt and requesting proof
    means just that. It will delay matters and as it is only 21 days
    before new court rules comes into place, by the time
    they respond new rules will apply and they will have hoops
    to go through which are not applicable now
    • Quentin
    • By Quentin 5th Oct 17, 12:10 PM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    Too late now you have received a Court Claim.
    • Half_way
    • By Half_way 5th Oct 17, 12:22 PM
    • 3,801 Posts
    • 5,372 Thanks
    Half_way
    scouts car park was it?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Quetzal88
    • By Quetzal88 5th Oct 17, 5:33 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    Always be prepared
    scouts car park was it?
    Originally posted by Half_way
    No it was not a scouts car park.
    • Quetzal88
    • By Quetzal88 5th Oct 17, 5:36 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    Hi, I did fill in the court claim form online today. I did stopped short of writing a defence. I hope this still counts a being acknowledged. I did say I was defending the case in full.
    Last edited by Quetzal88; 05-10-2017 at 5:37 PM. Reason: spelling
    • Quentin
    • By Quentin 5th Oct 17, 5:52 PM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    Did you read up on submitting your aos in the Newbies faq thread?

    If you followed that advice you have sent it in properly.
    • Quetzal88
    • By Quetzal88 6th Oct 17, 12:18 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    Thank you Quentin, yes I did follow the template to the letter. I gather I needed reassurance. It is all good.
    Would it be worth sending Gladstone and SAR ? I do not even want to give them a tenner ( fee) after having been treated with such disdain..
    • nosferatu1001
    • By nosferatu1001 6th Oct 17, 2:32 PM
    • 591 Posts
    • 710 Thanks
    nosferatu1001
    GS have nothing
    ONly the PPC will
    You dont send them a tenner, only if they ask for it....
    • Quetzal88
    • By Quetzal88 20th Oct 17, 2:44 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    Thank you , I sent an SAR to Baywatch .

    Lets wait and see..
    • Quetzal88
    • By Quetzal88 20th Oct 17, 3:53 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    The claim is denied in its entirety except where explicitly
    admitted here. I assert that I am not liable to the Claimant for
    the sum claimed, or any amount at all, for the following reasons:

    The claimant insists that an enforceable contract has been
    created due to signage at the site in question. The signage is
    not clearly visible, and therefore an enforceable contract
    does not and has not existed. The problems with this signage are
    detailed below.

    1 When facing the entrance of the site in question, the entrance sign does not face the car it is almost parallel to the car.



    2 The entrance sign is not higher than 2ft.


    3 The entrance sign is on the left hand side and not visible by the driver because it is too low down.


    4 Once in the car park the first sign facing the driver is against a low wall delimiting the car park, at best only part of the sign is visible when a small car parked at worse none the sign is visible when a higher car is parked.


    5 if parking to right hand side of car park, nearest to main shopping street there are no signs whatsoever, there are however other signs of parking on left hand side further away form main street.

    I would also like to point out that the Claimant's solicitors,
    Gladstone Solicitors, have failed to abide by Practice Direction
    for Pre-Action Conduct (paras 13-16), by failing to respond to my
    letter sent in response to their Letter Before Claim within the
    deadline stipulated in my letter (14 days). An amended copy of which was also sent Minster Baywatch, which containing an offer of settlement.


    With the above, I feel it is clear that the signage the Claimant
    attempted to use to enforce a contract that is not clearly visible.

    It is clear that
    the Claimant has failed in their responsibility to the public and
    the landowner to provide clear signage if they wish to impose such
    terms and conditions on members of the public. As such, I am not
    liable for any sum or amount claimed by the Claimant. I therefore
    request the court to strike out the claim as having no basis.
    • Quetzal88
    • By Quetzal88 20th Oct 17, 3:54 PM
    • 11 Posts
    • 2 Thanks
    Quetzal88
    Hi, thank you for looking at my defence any comment welcome.
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