Gladstones Court Claim Defence

Rove

Hello all,

I am appealing a court claim from PCM on behalf of someone and would appreciate your help.

A PCN was sent by post after parking in a loading bay for a few minutes, and the PCN warden who was present at the time gave no warning despite watching the vehicle pull into the bay. I should explain the warden wears no uniform and is known to surreptitiously photograph vehicles as soon as they park in the bay. The loading bay is for and beside a small Sainsburys but part of the highway.

The signs are too high up on the wall and in small text so impossible to read clearly from ground level. More importantly the landlord of the site (Genesis Housing), has since added new signs beside the PCM boards which clearly state that there is no customer parking at any time.

I need to email a defence to Gladstones soon and it seems from reading up here that the signage is not adequate so I will appeal on that basis. The parking prankster blog has links to PCM losing a case based on the exact same sign and also there was no grace period given so that should help too.

It seems I am not allowed to post any pictures as it's my first post but I will do as soon as I have permission ? The signage is poor and new clearer ones were added after complaints to Sainsbury's I think. I would like to appeal on this basis but have no idea how to word the appeal.

If anyone can give me some pointers I'd really appreciate it.

Many thanks

Coupon-mad

I am appealing a court claim from PCM...I need to email a defence to Gladstones soon

No you don't, that's not how to defend an actual claim. Or do you mean you merely have a 'Letter of claim' and not actual Court papers yet?

it seems from reading up here that the signage is not adequate so I will appeal on that basis...The signage is poor and new clearer ones were added after complaints to Sainsbury's I think. I would like to appeal on this basis but have no idea how to word the appeal.

It isn't an appeal. Be aware not to word it like that and not to say who was driving.

It seems I am not allowed to post any pictures as it's my first post

You can post a broken link instead. Change http to hxxp. We need to know if this is an actual claim (court papers) or just a Gladstones LBC?

Rove

Thanks for the quick reply, it's a claim form from the county court.. Acknowledgement of service has been lodged so I just need to email some kind of defence before the deadline.

The LBC did not arrive by the way but Gladstones say they sent one so it's progressed to this stage.


Below are some images which show the site before and after the updated signs:

hxxps://imageshack.com/user/droowy

The pic with the maroon car in the foreground show the site at the time of offence and the rest show the same but with the newly added signs. Surely adding clearer signs prove there was an issue with the old ones ?

Coupon-mad

As it's marked 'loading only' what possible evidence did the PPC have that no loading was taking place?

https://imageshack.com/user/droowy

Interesting that the landowner's signs are lower and far clearer (the PPC's terms are unreadable, as usual, which goes into the defence).

Have you acknowledged the service of the claim online, saying you will 'defend in full' and NOT contesting jurisdiction? Do that NOW as it extends your defence submission time to 28 days from service of the papers.

Oh, and do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and is not recommended to be replied to/read.

Rove

I think the loading bay is strictly for the adjacent two stores but it is part of the highway and should be regulated by Barnet council who have yet to enforce the parking there.

And yes, the new signs are perfectly readable from the road and clearly state the parking conditions. I live locally and know that hundreds of people have been caught here with many complaints made to both the supermarket and the landowner Genesis.

It can't be a coincidence the new signs appeared can it ?

I have acknowledged the service of claim online and stated I will defend the claim in full. I now have a few days left to send my defence but have plenty of time to devote to it.

Coupon-mad

I think the loading bay is strictly for the adjacent two stores but it is part of the highway and should be regulated by Barnet council who have yet to enforce the parking there.

Have a look at Barnet's website listings of Traffic Regulation Orders - is this place within a TRO?

Rove

I'm not sure if it's in a TRO but will have a look.

I know this particular bay and PCM's shady enforcement of it has been in the local paper and blogged about by Parking Prankster and Mr Mustard who seem to think that Barnet council should take responsibility for it.

I'm only going by what I've read and apparently the council is well aware and will eventually take control of it. To be honest I'm surprised there aren't more threads related to it here. The local councillor was ticketed by the warden when visiting the bay to be photographed by the local paper and the current manager of the Sainsbury's store told me he was given a ticket on his first day at work.

PCM have already lost a case (details on Parking Prankster blog), based on this sign so there must be something to go on there.

System

This one?

http://lbbspending.blogspot.co.uk/2016/05/predatory.html

From the IPC Code of Practice B 14.1

14. Predatory Tactics

14.1 You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious instance of noncompliance and will be dealt with under the sanctions system as defined in schedule 2 to the Code.

The images in that article could be used in the defence as they show the issue any driver has - and the predatory tactics.

Umkomaas

IamEmanresu wrote: »

This one?


From the IPC Code of Practice B 14.1

14. Predatory Tactics



The images in that article could be used in the defence as they show the issue any driver has - and the predatory tactics.

The fact that that paragraph had to be inserted in the CoP speaks volumes!

Coupon-mad

Good spot IamEmanresu, that's the place and the article really assists the OP's case. I should have guessed that Mr Mustard from Barnet would have known about this place.

Rove

IamEmanresu wrote: »

This one?


From the IPC Code of Practice B 14.1

14. Predatory Tactics



The images in that article could be used in the defence as they show the issue any driver has - and the predatory tactics.

That's the place, and as you can see it's well documented how they operate there. I suppose I just need to draft a defence now but have no idea how to lay it out with the relevant points in terms of poor signage and no grace period.

Also I'm hoping it's OK to email direct to Gladstones rather than post it. I've been given a direct email for Gladstones by the court to send the defence including any documents/supporting evidence.

Thanks again for all of your help.