UKPM - County Court Business Centre letter

Berko_lad

My wife has received a claim form from Gladstones via the CCBC in Northants claiming £247.59 for a supposed parking offence in September last year.

This is the first we have heard of this matter which states that the car (which was not being driven by my wife) was illegally parked on land in Watford. Where it was actually parked was in a visitor bay at a block of apartments.

Obviously I want to contest this and have acknowledged receipt online to buy myself a bit of time but how best to go about it? I have no evidence nor proof to support my case but assume that they have photographic evidence to support any supposed offence.

Should I initially contact them and ask for proof? Or should I simply claim that whilst the keeper, the car was not being driven by my wife and we have no way of identifying who was actually responsible (and it wasn't me).

beamerguy

Berko_lad wrote: »

My wife has received a claim form from Gladstones via the CCBC in Northants claiming £247.59 for a supposed parking offence in September last year.

This is the first we have heard of this matter which states that the car (which was not being driven by my wife) was illegally parked on land in Watford. Where it was actually parked was in a visitor bay at a block of apartments.

Obviously I want to contest this and have acknowledged receipt online to buy myself a bit of time but how best to go about it? I have no evidence nor proof to support my case but assume that they have photographic evidence to support any supposed offence.

Should I initially contact them and ask for proof? Or should I simply claim that whilst the keeper, the car was not being driven by my wife and we have no way of identifying who was actually responsible (and it wasn't me).

What is the date of the claims form ???

Berko_lad

04 Oct 2017

beamerguy

Berko_lad wrote: »

04 Oct 2017

As of the 1st October there is a new claims procedure

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

Gladstones must comply, it's the law

Have a read through and with your thoughts
come back here

Berko_lad

Initial thoughts:

They have failed to comply with a requirement to inform me of the debt (or for that matter, anything related to sect: 3)

They must provide any documentation I request within 30 days. (sect: 5) which will be interesting given that I now only have 28 days before court proceedings commence.

beamerguy

Ok, so bear with this as there are a couple of solicitors
on this forum and others who will assist

Ring the court to find the date this was filed

[Deleted User]

Odd that there is no correspondence. Have you moved or re-registered the car?

In principle, there is nothing to prevent them simply issuing proceedings (apart from you claiming that such conduct is unreasonable and likely motivated by a desire to avoid the protocol, given the 6 yr limitation).

If the particulars of claim are scant containing little detail (and if you can afford to do it) I'd apply without notice for an "unless order" to compel them to prepare full and detailed particulars before you do a defence and to compel disclosure of the documents that you are entitled to in any event. I can help with the wording if you are up for that.

If the application is successful, your £100 (no hearing required) should be recoverable from the claimant.

It's a risk, but the PPCs get away with poor practice as they know the fees deter defendants from lodging applications.

Berko_lad

No, she is at the same address and the car has now been sold as it wasn't being used.

Not sure I want to go down that route. Other then lodge my acknowledgment, all I've done thus far is to request proof from them that an actual offence took place.

Typically, the courts won't tell me that date the action was filed because it's in my wifes name and she's away at the moment. Data protection and all that....

The_Deep

Send pped a letter in your wife's name.

safarmuk

Is this UK CPM?

This is the first we have heard of this matter which states that the car (which was not being driven by my wife) was illegally parked on land in Watford. Where it was actually parked was in a visitor bay at a block of apartments.

If so, this is the second recent thread about court papers being issued by UK CPM for land in Watford (the other thread states that the picture of the car is not even in Watford). In your case was the driver actually in Watford and was the driver visiting someone in the block of flats? If you let us know the street name where the incident is meant to have taken place then we can look up the signs on Google street map for you and check them out (I am assuming you don't live there)

Berko_lad

I'm not sure who the driver actually was (it could have been one of three kids!) but the claim reads:
'... for breaching the terms of parking on the land at The Reeds - Anglian Close, Watford, Hertfordshire, WD24 4RU.
The defendant was driving the vehicle and/or is the keeper of the vehicle.'

If this is where I think it is, as I said earlier, the vehicle would have been parked in a visitors bay as we used to know someone who lived there but I cannot confirm or deny that it was actually there that day nor have I been provided with any evidence of any kind.