Gladstones Claim Form help please

MarkHanna

Hi. My fiance (yes, seriously) received a claim form over the weekend with the following particulars.
"The driver of vehicle registration xxxxxxx incurred the parking charges on 29/2/2016, 20/1/2016, 22/2/2016 for breaching the terms of parking on the land at xxxxxxx Hospital, address. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. And the claimant claims £480 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £41.07 pursuant to s69 of the County Courts Act 1984 at 8%pa, continuing to judgement at £0.11 per day."
She works at said hospital and on the dates of alleged offences (and for the preceeding 13 years) has paid for parking taken at source from her wages monthly. This can be demonstrated on a wage slip. The parking payment at the time was £32 pcm. She has a permit issued by the hospital which should (but may not) have been on display in the vehicle to notify parking attendants that parking was permitted.
She hasn't kept the stick on notices from the parking company, and I found out today she had a letter from Gladstones 2 weeks ago notifying here of the claim, which she binned because "someone at work told her she didn't have to pay" !!!!!!.
I've followed the advice on the Small Claims thread and am working my way through the documents on here for advice on defending.
This is a summary of the defense points I'm looking at so far and would be very grateful for any advice:
1) Landowner gave permission by issuing permit
2) Parking had been paid for, wage slips are evidence
3) Gemini/Gladstones have not provided proof the she was the driver.
4) They have not indicated whether she is being pursued under POFA for the debt or for civil trespass.
5) If it's POFA they are not permitted to recover a sum greater than the parking charge, which was £32pcm therefore £1 per day.
6) Reasonable belief that the additional costs have not been incurred.
7) She has not been supplied with any means to appeal.
8) Bad signage if relevant, I need to check this.
9) No contract has been provided showing relationship between Gemini and the Landowner.
10) No contract has been supplied showing that Gladstones have the right to pursue cases on behalf of Gemini
11) Claimant has provided no copies of of any documents so defense may need to be altered in light of this

That's what I've come up with so far, I'll post the full defense statement when I've written it. Please feel free to critique, rubbish it, or assist.

Lastly, she does not want to appear in court and is asking me to represent her, which I'm happy to do however I'd like to your opinion on how this would be received by the court.

Thanks,
Mark

catfunt

Couple of pointers while we wait for those more expert than I to appear...

She would need to appear at the hearing, but you can lay-rep for her.
Do a search for "Lay representative" on this forum - and be ready with a printed copy of the relevant law as it would appear that some judges are not fully clued up on the subject.

I assume you have read the newbies thread, and that you know she needs to acknowledge the claim within 14 days but leave the defence completely blank for now.
She then has 28 days to submit a defence from the date of the claim form plus 5 days (Experts please correct me if I'm wrong)

MarkHanna

Thanks, I'll look at that.
Yes, newbies thread scanned, claim form acknowledged, defense left blank.