Claim Defence (vs. UK CPM / Gladstones)

-Costy-

Hi.
On the 4th of this month I received a Claim Form in regards to a parking charge of £100 that I received last year (now claiming about £250).
I have sent the acknowledgement and have until the 6th of November to state my defence.
Had I know about this forum I would have posted sooner but I only stumbled across it whilst doing some research.
I can clearly see now that just writing a simple explanation and excuses does not really constitute a proper defence. So I am asking for some advice.

I was not in the country when the notice was delivered to my house and by the time I appealed (to UK CPM) the deadline had passed. They declined my appeal and, more than a year after I received a letter from Gladstones Solicitors and now the Claim form.
In my letter to UK CPM I said that I had proof (plane/train tickets) that I was out of the country and unable to appeal in time. The reason I overstayed my paid parking time was that I was in my car by unable to safely drive, having blurry vision following an eye check-up. The site had signs requiring pay and display ticket but nothing to warn of ANPR cameras. Had I known that I would have just taken the car on the street (a few feet away) and waited there until I was ok to drive.

Do I have a chance of winning this or should I just bite the bullet and pay up?

P.S. Not sure if it helps, but the parking lot also had a sign warning that vehicles can be clamped (which I believe is illegal).

Coupon-mad

Do I have a chance of winning this

Yes, we help posters with no experience at all, win 99% of cases here.

or should I just bite the bullet and pay up?

Not unless a judge tells you to in the end, if you lost, and it would be likely less than the inflated claim, as they've added on unrecoverable costs. So there is NEVER any point just paying the huge sum demanded by these greedy firms.

In your appeal did you tell UKCPM that you couldn't see the signs and that you were the driver?

Have you read other UKCPM defences linked in post #2 of the NEWBIES thread?

Are you local enough to go and get some damning photos of unclear signs/hidden and not obvious P&D machines? Whole bay areas with no sign? Lack of entrance signs? Get pics in readiness but they are not actually needed until WS stage.

What did the Gladstone 'Letter before Claim' look like (please show it, NOT the claim) and what date was on it?

To show us a link to the letter, because you are a newbie who can't yet post a working link, simply break the URL and/or change http to hxxp

-Costy-

In my appeal I did say that I was the driver and I also said that there were no signs to warn of the ANPR camera enforcement (there are signs for pay and display only).

I did read post #2 a few times and still digesting some information.

Yes, I am local and I did take photos of the parking area. The bay I was actually parked in has no sign next to it but there are signs displayed throughout the parking area and at the entrance as well. Do they have to also display signs that ANPR enforcement is in operation?
Also, not sure how the pay machines work but they only show 3 numbers/letter from the license plate and the pay and display signs clearly ask for the full number to be entered.

Please see here the only letter I received from Gladstones (dated 30/03/20017): hXXps://imgur.com/a/XJ3B2

I would also like to mention that this offence took place in London (Harrow) and the claim is with the Northampton County Court. Would I be able to request for this to be moved locally if I will need to go to court?

Thank you very much for your assistance.

Umkomaas

Do they have to also display signs that ANPR enforcement is in operation?

They should do. Often it’s depicted by a tiny camera icon at the foot of their signs. It’s not a strong defence point, unless you can persuade the judge that this is a serious omission. Not easy.

I would also like to mention that this offence took place in London (Harrow) and the claim is with the Northampton County Court. Would I be able to request for this to be moved locally if I will need to go to court?

Northampton is the County Court Business Centre that distributes the Court Claim forms, it is not a court that will hear this.

You will soon receive a Durections Questionnaire where you (as the defendant) will be able to request the hearing at a court convenient to you. But watch for Gladstones asking that the case be ‘heard on the papers’, a paper hearing with no attendance from either side. But the NEWBIES FAQ sticky, post # 2 details all of this. Do read that and use it as your go-to resource point for advice on any part of the forthcoming process in your case.

The information is out there!