PCM's on Council owned road & now CCF from Gladstones Solicitors

NatashaW

Good Afternoon,

I have been sent a Court Claim Form from Gladstone's Solicitors & have responded through MCOL as directed in the NEWBIES thread, so now have to get my defence together. I did this on 14.07.17 so am I correct in think that as all I did was tick the box saying I intend to defend the claim in full, I have 28 days? Or is it 14?

They are taking me to court over 2 accounts of parking my 'commercial vehicle' - which is actually the vehicle I use for personal use as well, on a road that has signage up from UK Cark Park Management stating 'No Commercial Vehicles.'

After speaking to the company who manage the site, I now know that the road which is identified on the PCM's as my location, is actually owned by the council.

Obviously I know that they have put those tickets on my vehicle unlawfully and that they shouldn't even be enforcing parking restrictions on that road but my question is, other than that, what else can I put in my defence?

I have seen lots of the other examples on other threads but am unsure on how many other counter claims I can make against them & what legal stuff I should be referring to...

Thank you in advance.

Coupon-mad

You have 28 days from service of the court papers. So if they are dated 1.7.17, aim to defend on/before 29.7.17 at the latest, even though in fact it can stretch to 33 all told, don't push it.

They are taking me to court over 2 accounts of parking my 'commercial vehicle' - which is actually the vehicle I use for personal use as well, on a road that has signage up from UK Cark Park Management stating 'No Commercial Vehicles.'

After speaking to the company who manage the site, I know that the road 'Mercer Close' which is identified on the PCM's as my location, is actually owned by the council.

Wow - wow!

Obviously I know that they have put those tickets on my vehicle unlawfully and that they shouldn't even be enforcing parking restrictions on that road but my question is, other than that, what else can I put in my defence?

We'd be looking for you to:

also counter-claim (in the defence, underneath) maybe £500 for compensation for distress, since UKCPM should never have accessed your data from the DVLA - or did they?

and complain to your local Trading Standards, in writing, with evidence that UKCPM are issuing fake PCN on public highway (not allowed).

and complain the same, to David Dunford of the DVLA:

david.dunford@dvla.gsi.gov.uk

and write a detailed letter of complaint as well, to your MP, as we have publicised again here:

https://forums.moneysavingexpert.com/discussion/comment/72869191#Comment_72869191

HTH

NatashaW

Thank you.

Yes they accessed my details through the DVLA.

Since speaking to site management, the signs have been taken down from the lampposts in the road but are still up in the communal car parks...not sure if it's management who have done that or them. However, is the fact that the council owned road is identified as my location enough evidence that they were enforcing PCM's there, even though I don't have photos of the signs & obviously can't get them now?

Do you have an example of the sort of defence I should be using? & should I attached the counter claim for compensation to the bottom of the defence?

Thank you in advance.

Guys_Dad

Just check that although the council own the land that they haven't leased it to a 3rd party. There is a precedent on here, albeit a car park at Fistral Beach (I believe) where a council has leased the land.

It would be great if the council could give you a letter stating that the land is their's. They would probably do that in response to a request in writing from you.

NatashaW

I have just emailed the customer services for the council so we will see what they come back with.

Thanks for your reply

DollyDee_2

http://forums.pepipoo.com/index.php?showtopic=113814

OP, is this the same "case"?

I read the Pepipoo thread this morning and so it rang a bell.

NatashaW

YES!! This person must live literally next door to me 😂 Thank you for this!

DollyDee_2

NatashaW, just thought, if you register for Pepipoo, do not use a Hotmail address. For some reason Pepipoo doesn't recognise them.

DD

Looks like you've already joined!