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    • MORB
    • By MORB 15th Dec 17, 10:15 PM
    • 10Posts
    • 2Thanks
    Judgement for Claim (in defalult) - PCM & Gladstones
    • #1
    • 15th Dec 17, 10:15 PM
    Judgement for Claim (in defalult) - PCM & Gladstones 15th Dec 17 at 10:15 PM
    Hi all,
    I have received a JfC in default on behalf of PCM from Gladstones. The matter is regarding 3 alleged parking contraventions that occurred in feb '17. I sent requests for POCs shortly after receiving the invoices initially sent my PCM (do not still have copies, but was a few lines requesting POC's), likely toward the end of May.

    I heard nothing further and presumed PCM were no longer going to to pursue the invoices. In July I left the UK and the address to which initial correspondence were sent. a family member continues to reside there, and in making preparations to return to the UK requested that they open residual mail sent to the address. Amongst the mail was the JfC (in default) dated the 20th Nov. As such no preceding correspondence were received (other letter in the pile was the LBC from Gladstones, but still no POCs!!).
    I have been out of the country and travelling for over 5 months and of no fixed abode during this time. I will be leaving the UK again for a prolonged period again in a few months but am happy to allow PCM/courts/Gladstones to correspond to the original address while this plays out. The claim is for £658 and constitutes 3 alleged contraventions, none of which have merit, and likely pertain to instances of stopping in a loading bay that had no prohibitive markings (no yellow lines -was not a parking space) and which was for the sole use of my previous employer (from whom I obviously had permission to be in the bay).

    Next steps:

    - Fill in the N244 form and return 3 copies to CCBC.
    - Including a statement of my case RATHER than a witness statement
    - Indicate that I'd wish for reimbursement from the claimant of the set aside fee
    - Pay £255.00 via cheque (how very archaic???)

    I will post up my defence shortly for critique but would in lieu of that be very grateful for any comment the great and wise here would be willing to offer?

    Thanks in advance
    Last edited by MORB; 15-12-2017 at 11:59 PM.
Page 2
    • Coupon-mad
    • By Coupon-mad 4th Jan 18, 10:30 PM
    • 52,924 Posts
    • 66,471 Thanks
    Remove it, because it just does not have legs any more, even where the facts differ from Beavis:

    2.5.2. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
    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.

    • MORB
    • By MORB 5th Jan 18, 1:54 PM
    • 10 Posts
    • 2 Thanks
    Ok - removed.
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