Request for popla refused despite quoting legislation, what to do now?

Gin_and_Milk

Now that IS interesting reading!

I haven't received any correspondence whatsoever from Gladstones Solicitors, just the County Court Business Centre. I haven't received anything that states it's an LBC either.

My last letter from MB was a demand for payment of unpaid charge on 23rd Sept. In this letter it stated that I had to pay £155 no later than 7/10/16. I emailed them and received a reply on 29/9/16 stating that I could either pay the charge in full, or on the 21/10/16 the notice would be passed to Gladstones Solicitors. I emailed them again and they replied on 3/10/16 to say that the notice had been passed to Gladstones who would be in touch in due course. I've never heard from them.

I looked through the blog you posted Ralph and there is a picture of 'Particulars of Claim' which is identical to mine, which was thrown out of court 'because the particulars contained no particulars at all'.

I'm going to submit my defence via the MCOL website once I've collated everything. I'm going on holiday next week so I want to get everything sent off before I go.

Thanks for all of your help. I feel more positive now.

Coupon-mad

Wait...show us your defence draft first and be aware you do not need to 'collate' anything at all because you do not attach evidence or photos at this stage. That comes later, as explained in that link to bargepole's post about the stages and hoops to jump through.

Read as many other defences as you can see, copy from them. Search this forum board for 'defence incoherent Gladstones' which finds you previously written defences like on bigsej's thread.

Decent defences v Gladstones have been known to stop them proceeding, as was confirmed on a thread only the other week, Gladstones never proceeded. Even if they do go to a hearing in your case, the Parking Prankster's Blogs about Gladstones bungled attempts in court should give you confidence.

Gin_and_Milk

Thanks, I'll post my draft once it's finished, and I appreciate you taking the time and trouble to read through it.

I'll also investigate Gladstones too!

Gin_and_Milk

Well, here is my line of defence. Having looked at the small claims sticky it looks as though I have to send this through the post, even though the information is already on money claim website. I will confess to being the driver! I've tried to keep it succint!

I wish to defend the claim reference: on the grounds of:

There was no signage whatsoever from Minster Baywatch on the driveway entrance to the car park. There is an obscurely placed sign after the actual entrance to the car park, however the terms are not readable before entering the car park and the signage is completely obscured when a large vehicle is near it.
I attempted to pay £1.50, however Minster Baywatch did not provide adequate means to allow me to do so. The smallest denomination their machines accept is 20p. Therefore unless you have an actual 50p piece it is impossible to pay the correct amount.
My PCN clearly stated that payment by credit / debit card incurred a 4% surcharge which I believe is illegal.
I have received no correspondence whatsoever from Minster Baywatch stating ‘Letter Before Claim’
I emailed Minster Baywatch on 29/9/16 requesting they rely on the PoFA 2012 and offer me a POPLA code or cancel the charge. I made reference to recent changes in EU law citing that appeals should be allowed (ADR) for up to a year.
On 29/9/16 I received a response stating that Schedule 4 of PoFA 2012 states I am permitted 28 days in which to appeal the notice, and as the timescale had lapsed my communication would not be recognised as an appeal. I have checked Schedule 4 of PoFA and there is no mention of this. This is from the BPA’s code of conduct and is not legally binding.
I was also informed that I could pay the PCN at £155, or on 21/10/16 the notice would be passed to Gladstone Solicitors. I replied on 2/10/16 to inform them that I was aware of their mistake re: PoFA and that I had reported them to Trading Standards.
I received a response on 3/10/16 informing me that the notice had now been passed to their solicitors - almost three weeks earlier than they initially said.
I have received no correspondence whatsoever from Gladstones Solicitors.
The claim form I have received is dated 20/10/16, which is still earlier than the initial date of 21/10/16
In the ‘particulars of claim section’ there are no real particulars mentioned. However there is reference to 8.00% pa interest to 19/10/16. This is two days before the initial date of 21/10/16.

I'd be really grateful for some feedback before I send it off!
Thanks

Gin_and_Milk

Having looked at the claim form again I can do it online!

Coupon-mad

Gin_and_Milk wrote: »

Well, here is my line of defence. Having looked at the small claims sticky it looks as though I have to send this through the post, even though the information is already on money claim website. I will confess to being the driver! I've tried to keep it succint!

I wish to defend the claim reference: on the grounds of:

There was no signage whatsoever from Minster Baywatch on the driveway entrance to the car park. There is an obscurely placed sign after the actual entrance to the car park, however the terms are not readable before entering the car park and the signage is completely obscured when a large vehicle is near it.
I attempted to pay £1.50, however Minster Baywatch did not provide adequate means to allow me to do so. The smallest denomination their machines accept is 20p. Therefore unless you have an actual 50p piece it is impossible to pay the correct amount.
My PCN clearly stated that payment by credit / debit card incurred a 4% surcharge which I believe is illegal.
I have received no correspondence whatsoever from Minster Baywatch stating ‘Letter Before Claim’
I emailed Minster Baywatch on 29/9/16 requesting they rely on the PoFA 2012 and offer me a POPLA code or cancel the charge. I made reference to recent changes in EU law citing that appeals should be allowed (ADR) for up to a year.
On 29/9/16 I received a response stating that Schedule 4 of PoFA 2012 states I am permitted 28 days in which to appeal the notice, and as the timescale had lapsed my communication would not be recognised as an appeal. I have checked Schedule 4 of PoFA and there is no mention of this. This is from the BPA’s code of conduct and is not legally binding.
I was also informed that I could pay the PCN at £155, or on 21/10/16 the notice would be passed to Gladstone Solicitors. I replied on 2/10/16 to inform them that I was aware of their mistake re: PoFA and that I had reported them to Trading Standards.
I received a response on 3/10/16 informing me that the notice had now been passed to their solicitors - almost three weeks earlier than they initially said.
I have received no correspondence whatsoever from Gladstones Solicitors.
The claim form I have received is dated 20/10/16, which is still earlier than the initial date of 21/10/16
In the ‘particulars of claim section’ there are no real particulars mentioned. However there is reference to 8.00% pa interest to 19/10/16. This is two days before the initial date of 21/10/16.

I'd be really grateful for some feedback before I send it off!
Thanks

But you haven't done as advised? You've just typed out the story.

That's not a defence, that will lose like a lamb to the slaughter!

Please stop and read and search what we've told you to copy from.

Read as many other defences as you can see, copy from them. Search this forum board for 'defence incoherent Gladstones' which finds you previously written defences like on bigsej's thread.

Gin_and_Milk

Thanks for that.
I did do a forum search previously and typed what you said. I went to 'forum search' 'defence incoherent gladstones' looked under posts and threads but couldn't see anything by bigsej. Have I missed something out? I'll have another go anyway.

Fruitcake

I believe at this stage, you don't submit a defence, you leave that box blank, but you do acknowledge it and say you are going to defend it.

Have a good read of the Bargepole step by step guide linked from the NEWBIES thread, then follow it step by step.

Umkomaas

bigsej thread:

https://forums.moneysavingexpert.com/discussion/5485681

Gin_and_Milk

Umkomaas you're an absolute star!

I'm trawling through everything now. It's probably a stupid question to you seasoned campaigners but do I acknowledge that my husband is the RK and make no mention that I was the driver? Bigsej was both driver and RK, however my husband isn't really the defendant, they just think he is. This is from bigsej's thread and I'm not sure how to use it as I am not the registered keeper:

"10) No evidence has been supplied by this claimant as to who parked the vehicle. Under the Protection of Freedoms Act 2012 there is no presumption in law as to who parked a vehicle on private land nor does there exist any obligation for a keeper to name a driver. I choose to defend this claim as the registered keeper, as is my right."

Thanks