PCN in Poole, UK CPM, DRP Ltd, Gladstones, County Court Papers received

Brain$torm

Hi, I have read through the newbie thread, tried to get my head around the relevent parts, still a bit confused, so now I'm starting my own thread. I'm trying to help my friend sort out this major issue, I'd be grateful for any advice / guidance.

My friend's a carer, and on the day in question, she was with her disabled client. She parked in a spot outside a shop on Ashley Road in Poole. Her client cannot walk on uneven surfaces unaided, so she helped her to walk to the shop next door to the one she parked outside. It's a busy high street, there's no parking anywhere and she didn't see the parking sign on the door as it isn't very clear, it's at the bottom of the door, with signs above and to the side of it. It doesn't stand out. She was parked there for approximately 10 minutes. Whilst sitting in the shop, waiting for her client, she saw a man walk out of the shop next door and take a photo of her car. After her client had finished, they both walked into the shop to ask why he had taken the picture. The man pointed to the sign on the door, explaining that she couldn't park there. My friend's client went on to explain about her disability and that she cannot walk unaided, he said it was too late as he already sent the picture to the parking company and there was nothing he could do. I personally think that's a load of crap though, and there was plenty he could have done, if he wanted.

I have paperwork from UK Car Park Management, Debt Recovery Plus Ltd, Gladstones Solicitors and now County Court Papers

I am going to dispute the full claim and write a defence statement for her, I'm just not quite sure where to start.

Please can you help me to deal with this matter.

Thanks in advance

Coupon-mad

Welcome! We've never seen a forum poster here lose v Gladstones, so take heart.

Start by reading the section in the NEWBIES thread (near to the very top of this forum board); read the info under the heading in that thread called 'Small Claim?' That includes a link telling you what to do when.

The very first thing is to Acknowledge Service of the claim on MCOL, using the password. Everything of course being done in the name of the Defendant named on the claim form (not your name, your friend!).

Would the disabled client be happy to provide a written, signed & dated witness statement (WS)? No rush, just putting that in as a thought now, ready for any evidence needed for a hearing in the Spring (if one happens - most often these claims are seen off with no hearing). That WS can be used later on to support the defence, to confirm the situation, mentioning the car reg, date and location an the fact they only stayed briefly for 5 or ten minutes and spoke to the person who took the photo, who was not wearing any parking firm livery and was not a UKCPM employee, just a shop-owner using an ordinary camera, who sneaked out to take a quick photo but issued no windscreen PCN and displayed no prominent parking signage that would ever have been likely to be seen.

Predatory tactics are prohibited under the IPC Code of Practice and what you have described (hidden unclear sign and a shop owner with a vested interest in generating penalties rather than asking a car to move on/mitigating any loss) is predatory. Sounds like he gets 10 or 20% kick back per PCN paid.

This is not a conscionable or fair charge.

she helped her to walk to the shop next door to the one she parked outside. It's a busy high street, there's no parking anywhere and she didn't see the parking sign on the door as it isn't very clear, it's at the bottom of the door, with signs above and to the side of it. It doesn't stand out.

Anyway, once the defendant has done the online AoS, leaving the defence box blank and making an immediate permanent/saved note of the Govt Gateway 'ID number', as explained in the info in the NEWBIES thread, then search for these 2 words on this board:

Gladstones incoherent

...that finds you results showing defences recently written re Gladstones claims. They are pretty generic in the main, so you can adapt defences that you find and by doing the AoS, the time to defend will have been extended to 28 days from service of the court papers (what date is on them?).

catfunt

Was the car actually parked in Ashley Road? Or was it parked just off road?
So far as I know, it's a public road.

Brain$torm

Thans for you quick reply, I hope that I can sort this out for my friend.

I will do what you suggested.

My first port of call is going to the moneyclaim.gov.uk website to acknowledge the claim, disputing the full amount and leaving the defence box blank.

Yes, the client would be more than happy to make a statement in regards to what happened and what she said to the shop worker/keeper.

The court papers were issue on the 21/11/2016.

The original charge was £100, discounted to 40 if paid within 14 days, now the total charges are 235.96.

PCN - 160.96 including interest.
Court fees - 25
Legal costs - 50

She was parked just off the road, outside a shop

fisherjim

Looking at those properties on streetview most have no dropped kerbs, are you sure they have the right to parking in front of the business?

If no dropped kerb you cannot park off the road by crossing the pavement, in which case they would maybe have no authority anyway, though not knowing which property it is difficult to judge.

Brain$torm

Its 232 Ashley road, The Hearing Care Centre.

It's a double yellow, with a dropped curb on the side, have a look on google maps / earth

Thanks for your help

There's a Private Property sign on the bottom of the shop door

Brain$torm

Another thing is that the client is registered disabled and has a blue badge.

Coupon-mad

Brain$torm wrote: »

There's a Private Property sign on the bottom of the shop door

What a terrible and predatory position for a sign. Get photos asap.

DollyDee_2

https://www.google.co.uk/maps/@50.7284657,-1.9325417,3a,75y,320.87h,68.28t/data=!3m6!1e1!3m4!1sCXsxi-jcA7smjvj3T89y3A!2e0!7i13312!8i6656?hl=en

System

Wonder if this is actually the highway with the DYL going all the way up to the wall of the property. A check with the council or the land regitry may clarify. The shop may think the area in front is theirs but they would have to prove it.

Brain$torm

That's what I'm thinking. It looks like the dropped pavement is for access to the properties behind the shops, not for parking infront of them. There is rubbish bins etc infront of the properties behind them, which would need collecting by the council etc.


I'll check with the council / land reg to see who owns the front outside the shop.