Gladstones - Technical defence against PCM

System

Might I suggest you take out any allegation that you cannot prove and complaints you cannot substantiate and concentrate on what you can prove via your lease / site map.

The issue appears to boil down to what is the communal area and how much of it is controlled by PCM.

Kas22

KeithP wrote: »

Can you please post your Defence on this thread.

All discussion on one incident should be on the one thread. Thanks.


What is the Date of Issue on your Claim Form?

Issue date on the form is the 8th June, so ideally I would like to send the defence in the next couple of days

Kas22

IamEmanresu wrote: »

Might I suggest you take out any allegation that you cannot prove and complaints you cannot substantiate and concentrate on what you can prove via your lease / site map.

The issue appears to boil down to what is the communal area and how much of it is controlled by PCM.

Thanks. Will go over it today and add/remove what I can/cannot prove.

Coupon-mad

PCM (those ex-clampers) stating I was "Parked within a restricted area" even though that wasn't the case as where the car was parked was not part of the controlled parking zone.

Where the vehicle was parked used to be a shed for bicycle storage, so was not officially part of the car park, or the controlled area.

Sounds a dodgy argument to rely on. In a residential site the common areas will be - pretty much everywhere, except if there are bays owned by people who have opted out (lucky them).

Was this bike store enclosed, like a garage/separate outdoor building with no signs on the walls inside? Or was the bike store demolished and this was just a scrub-land corner area?

Kas22

Coupon-mad wrote: »

Sounds a dodgy argument to rely on. In a residential site the common areas will be - pretty much everywhere, except if there are bays owned by people who have opted out (lucky them).

Was this bike store enclosed, like a garage/separate outdoor building with no signs on the walls inside? Or was the bike store demolished and this was just a scrub-land corner area?

The outbuilding was demolished several years ago and it's just a scrub-land corner area. I have photographs of when the outdoor building was still there. I would have assumed that it was not part of the residential parking area?

Coupon-mad

I wouldn't.

What makes you think an old bike store area is outside of the common areas?

Your better argument might be if the entire corner has no signs anywhere near it and it is marked differently on the tarmac or has other signs up that conflict.

Kas22

Well, the bike store area isn't part of the parking area as it's desginated for flat residents with X number of spots allocated to a certain number of flats.



The corner where the bike store area was isn't marked with any signs, and was seperated from the car park by curbs and slabs with a concrete surface.



Looking at it, it appears as if it isn't part of the parking area with a clear divide by the raised curbs and different surface.

Coupon-mad

The corner where the bike store area was isn't marked with any signs, and was seperated from the car park by curbs and slabs with a concrete surface.

Looking at it, it appears as if it isn't part of the parking area with a clear divide by the raised curbs and different surface.

That's better! That explains it more reasonably and you need to make this clear.

And that goes into your defence, remove some of the waffle and replace it with facts that suggest there was no contract or licence to park there, and at best the driver was a trespasser (a matter only for a landowner, not something for which a private parking firm can dress up a contractual 'charge' in excess of any damages caused in tort).

Kas22

Okay thanks. I'll go over the defense and remove some of the waffle and replace with the facts.

KeithP

Kas22 wrote: »

Issue date on the form is the 8th June, so ideally I would like to send the defence in the next couple of days

Then you have until 4pm on Wednesday 11 July 2018 to file your Defence.

Over a week away.

When you are happy with the content, your Defence should be filed via email as described here:

1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.