Help, Defence to Gladstones/County Court Business Centre

ADCMan

My first post and I'd be grateful for some advice!
I have read through posts and tips from several sites and now need to finalise my defence to Gladstone's claim.

Background: My wife and I own a flat and we visited it to complete decorating etc before a new tenant arrived. Later that evening around 21.30 we returned for final items - my wif'e's car was parked in the visitor area, initally with a valid permit displayed until we removed it to leave it in the flat for the agent/new tenant the following morning. In the 20 mins gap while we were upstairs we were issued a PCN.

I wrote to the company, Parking and Property Management Ltd (PPM), to appeal the ticket and was rejected. I responded in a more formal manner with a list of grounds for appeal. This was ignored and now I have the Gladstones/County Court Business Centre letter.

In have just submitted my acknowledgement, thus have 28 days to form my defence.

In brief I believe my defence is based on:

1. All correspondence has been addressed to me, including the Particulars of Claim (PoC) yet I was neither the driver nor am I the registered keeper (my wif'e is). I have not admitted driving the car in any correspondence. I believe this falls foul of POFA 2012 para 8 (2) (e) and para 9 (2) (b), (c), and (e) and as such there is no keeper liability.

2. I've checked the head lease and one clause specifically states the right for the lessee "to go pass and re-pass at all times and for all purposes to access and egress from the Premises".

3. No contract was entered into with PPM, implied or otherwise.

4. On three occasions in PPM's Reminder Notice they state that I was the named driver. The notice also asks for the driver name if I was not the driver "(even though you have been named as being the driver)". I have not offered to name the driver and no further attempt to glean this information has been received. Therefore I believe the claimant has failed to establish driver liability and has no cause of action.

I was intending to add comments about the PoC being non-compliant (no details other than date, VRN and amount due), and fails to establish cause of action as it just states "£151.68 for Parking charges and indemnity costs if applicable.."

I would be very grateful for any advice about this approach. Thank you

The_Deep

I am confused, you were not the driver, you are not the keeper, but they are taking you to court, as what, a passenger.

This is just the sort of stuff to raise at an AGM.

Why bother with all the legal stuff, just tell it as it is. If they persist point them at the cost of unreasonable behaviour and wasting the court's time CPR27.14(2)(g)

Have you read this

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

Fill your boots.

ADCMan

Thanks - an interesting link..
So just a short defence statement stating I was not the driver nor am I the registered keeper and thus invite the court to dismiss the case as no cause of action has been demonstrated?

Thanks

Redx

have a good read of this thread, especially the HO87 posts around #40 and also parking pranksters court guide

https://forums.moneysavingexpert.com/discussion/5505546

then draft your own holding (skeleton) defence

the full defence comes much closer to the court date

ADCMan

Will do and thanks for the link. Is the holding defence sent to the Court or direct to Gladstones?

Redx

the OL in MCOL means On Line , so login online and put the short holding defence in the defence box (I assume you acknowledged it?)

ie:- now you have court papers you follow the court procedures

ADCMan

I sent my defence last week and now have received an email from Gladstones with two attachments - a copy of a Directions Questionnaire and a statement to the court requesting oral hearing only.
The questionnaire also asks the court to deal on papers, and says if the defendant does not agree that the hearing should take place at the Claimant's home court. It also requests no mediation.
I agree no mediation but quite happy to go to a hearing, at a court near to my home. How should I respond - I presume the email and attachments are purely copies that have been sent to the courts, and as such I should wait for the court to ask my response?

Umkomaas

You are entitled to attend your local court - to suggest you attend the claimant's court is a cynical 'try-on' by Gallstones.

In addition you do not agree to the case being 'dealt with on papers' as there are many points you wish to put forward to the Judge in person.

beamerguy

As Umkomaas says, you choose the court.

This really sounds to me that Gladstones don't want to go to court and are trying to make it difficult for you so you just pay.

Just be careful that they might turn around and say to you they will not attend, fooling you, you don't turn up, they do.

pappa_golf

reading your first post it looks like the clowns think
a: you own the car
b: you were the driver


there is a very good chance they have not bothered getting info from the DVLA


perhaps your wife should write a letter in the morning


[Your Address]
DVLA Vehicle Record Enquiries section
Longview Road
Morriston
Swansea
SA99 1AJ
Dear Sirs
Re: VRM AB12 XYZ
As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.
I understand there is no charge for this information and look forward to your speedy reply.
Yours faithfully
Mr Registered Keeper
finding out that they have failed to comply with KODOE and indeed the IPC code of practice , would make gladstones look fools in court

Coupon-mad

ADCMan wrote: »

I sent my defence last week and now have received an email from Gladstones with two attachments - a copy of a Directions Questionnaire and a statement to the court requesting oral hearing only.
The questionnaire also asks the court to deal on papers, and says if the defendant does not agree that the hearing should take place at the Claimant's home court. It also requests no mediation.
I agree no mediation but quite happy to go to a hearing, at a court near to my home. How should I respond - I presume the email and attachments are purely copies that have been sent to the courts, and as such I should wait for the court to ask my response?

https://forums.moneysavingexpert.com/discussion/comment/71293182#Comment_71293182

You will gain so much more from this forum by reading every thread, every day (or at least every relevant thread). So much quicker than asking in isolation about a letter you get, which someone else has always asked about already. Staying only on your own thread can mean you miss out on advice which was literally right there on page one.