Court Summons Received for Parking at Spinningfields

Glamakid

Hi Guys

The Keeper requires some advice following receipt of court Summons for a PCN issued by ES Parking Enforcement Ltd, for an alleged parking offence on Spittalfields Estate in Manchester.

The keeper received PCN for parking on a street within the same spinningfields estate and chose to ignore it based on some advice from friends. However has now received a Court Summons from the 'County Court Business Centre'.

The picture shows that the vehicle was not parked on double yellow lines, in fact there seems to be a gap in the double yellow lines for about four cars and the picture for the notice shows the car clearly parked within this gap. However the notice states: 'the charge having been incurred for stopping/parking in an area where stopping is prohibited and the liability of the same having been bought to the attention of the driver by clear signage in and around the site: SPINNINGFIELDS ESTATE, MANCHESTER.....'

There were no signs saying it was a private road but there are signs (but not sure what they say as not from Manchester) on the other side of the road. The picture in the notice also shows other cars parked similarly in front and behind.

The letters were ignored and the keeper has now received a court summons.

Any advice as to how the keeper should defend this would be much appreciated:

Also would this ticket even be enforceable as the car seems like it was parked correctly. (for anybody who would like to search on google maps, there is similar location on left bank, outside the peoples history museum.

Many thanks for your advice in advance.

Coupon-mad

Any advice as to how the keeper should defend this would be much appreciated

Search the forum for 'Spinningfields' to find several others in the same boat, using the search 'this board' heading above the threads on page one of this parking sub-forum (one click away, using the breadcrumb trail link or 'forum jump' gets you back to page one).

Defences have been discussed only in the past week, for example, and you will glean more from multiple posts of advice already on other threads, then waiting for a snippet of info to be posted on your thread alone (we have to assume people have read the other similar threads and we do try to avoid too much repeating what's already here and findable in a few seconds with one search of one keyword).

So, to turn around your request - please show us what the recipient of the claim (IT IS NOT A SUMMONS) is planning to put in here defence and please confirm that she knows what will happen when in terms of paperwork (having read the links under 'Small Claim?' in the NEWBIES sticky thread).

This will not only be about a gap in some double yellows, far from it!

Has the driver been previously admitted? If not, DO NOT. The registered keeper defends and remains silent about who may have been driving, because they have more of a defence and a 'keeper' Defendant can cap the recoverable sum to the PCN amount (& court fees, but no added Gladstones costs x £50 twice).

And please confirm that she as completed the AOS (Acknowledgement of Service) online first and that she has not 'contested jurisdiction' and that she has left the defence BLANK for now?

Once she has done that she has 28 days from service if the court papers to put in a defence after searching here and on pepipoo for 'Gladstones defence' and 'Spinningfields' as already suggested.

Here's pepipoo, even more defence examples are on that forum than we have here (and we have lots):

http://forums.pepipoo.com/index.php?showforum=60

Do not reply if you are sent a 'private message' by a poster with less than 1000 posts, offering to 'help'. You never know who they are and we do not do this off-forum (if we did it would only be a regular with thousands of posts to their name, contacting you).

Redx

same thread over here on pepipoo

http://forums.pepipoo.com/index.php?showtopic=108292

with replies including my advice as I believe it to be a court claim , an MCOL (not a "summons")

it was split from this similar thread

http://forums.pepipoo.com/index.php?showtopic=108153

and here is an ongoing spinningfields case too

https://forums.moneysavingexpert.com/discussion/5513773

Glamakid

It is an MCOL ... guess am not legally astute enough to know the difference.

Coupon-mad

No worries, has the named recipient now acknowledged it?

Glamakid

Yes ...just gotta write a defense.

I was thinking of keeping it brief: mentioning

not being aware of entering into a contract or details of the alleged offence.

any advice?

Marktheshark

It is a summons and it is not a summons.
It invites you to defend the claim and appear at court at a hearing at a date to be set.
If you do not reply, the judgment will be administered automatically.

You have two options, either accept the summons and file a defence or except the judgment in default.

If you accept the summons and they proceed you will have to attend a court.

Glamakid

Also, just noticed, having read the particulars of claim in detail.... it does not mention where the alleged offence was committed.

IT simply states the following:

Particulars of Claim:
Date of offence/Car Reg/ Ref / Amount / Due Date (one line with this information)

AND THE CLAIMANT CLAIMS
sum of ???? for Parking charges and indemnity costs if applicable .....
Total Debt and Interest £????

If there no requirement to provide more information?

Is this a trick to get the keeper to mention the location and in turn pin some knowledge of the offence?

just my broad thinking?

Coupon-mad

Glamakid wrote: »

Yes ...just gotta write a defense.

I was thinking of keeping it brief: mentioning

not being aware of entering into a contract or details of the alleged offence.

any advice?

Brief in that each point should be concise, yes.

Brief by relying only on two points of defence - NOPE.

Coupon-mad

Glamakid wrote: »

Also, just noticed, having read the particulars of claim in detail.... it does not mention where the alleged offence was committed.

IT simply states the following:

Particulars of Claim:
Date of offence/Car Reg/ Ref / Amount / Due Date (one line with this information)

AND THE CLAIMANT CLAIMS
sum of ???? for Parking charges and indemnity costs if applicable .....
Total Debt and Interest £????

If there no requirement to provide more information?

Is this a trick to get the keeper to mention the location and in turn pin some knowledge of the offence?

just my broad thinking?

No but this is already covered in every other thread about Gladstones defences. i.e. the examples you find include that point already so there is no need for you to wonder, you can see what's already been used by people recently by searching, as advised already:

put in a defence after searching here and on pepipoo for 'Gladstones defence' and 'Spinningfields' as already suggested.

You can use a hybrid version of the strong defence examples you find when you search this board, there are LOADS of results when you put those terms into the right search box just above the sticky threads on page one, level with 'NEW THREAD' (i.e. not the search box at the top of the entire page...that searches MSE and is too wide a net & is useless for this task).