Resident Parking

Redx

I believe means if the courts in england and wales cannot deal with it, for example, if the defendant was in scotland, northern ireland or timbuctoo , or if its supposed to be dealt with in a magistrates court (like bylaws) and not civil court

markudman

OK thank you

markudman

Maybe a silly question, just looking though all the paperwork and Gladstones sent me a bundle, (letter before claim) and its for a completely different vehicle than the one that they are claiming for.
can I tell the court that I never got a letter before claim for this vehicle?
and they have not follow Pre-court conduct and protocols.

DoaM

Out of interest, is it a vehicle of yours? (If it's not yours then there's a possible GDPR data breach they've committed).

Fruitcake

DoaM wrote: »

Out of interest, is it a vehicle of yours? (If it's not yours then there's a possible GDPR data breach they've committed).

This is the most important question.

If it aint your ve-hicle, you bain't liable and why the hell are the scam solicitors involved?

Even if it is yours but isn't the one on the original PCN, then I think it is still a GDPR breach.

Coupon-mad

You could report Gladstones to the Information Commissioner if they sent your photos and data about someone else's vehicle.

And yes you can then mention that in your defence, briefly, to explain that the Claimant failed to provide any valid details whatsoever at the time of the pre-action communications, having sent photos of someone else's car.

markudman

OK the vehicle in the LBC was my wife's
The vehicle that they are taking me to court for,
was one I brought for a customer, never in my name.
I only had it in my possession for about a day.
But did not want anyone else to get the ticket so appalled it knowing that they would reject it, maybe panicked a bit.

markudman

I thought I had 28 days to reply to this claim but its only 14 and Gladstones have already got judgement(my bad) so I am asking for it to be set aside.
is this OK to send to get it set aside?

First, I am sorry this is late, I have a brain injury and it takes time for me to process all this,
I would like the judgement to be set aside,
I was never sent a letter before claim from PCM or Gladstones for this vehicle,
they did not follow pre-action protocol
PCM had no right in giving a ticket PCM gave a ticket on the highway, I have proof from the council that the land is not private.
I feel that PCM have also broken the data protect act, by requesting my data from DLVA without reasonable cause.
I have maps from the council to show it is maintained at public expense, I also have conformation that the Council do not outsource any parking control, and it is all done in house.
I would also like to counter sue, for Emotional distress, and breach of data protection.
I have given the map to PCM, and they continue to put tickets on my and other cars parked there.
I also have photos of my car parked on Council land with the map and a note telling them that it is highway, but they just put a ticket on top of them.
I have spoken to my Mental health team about this and they have upped my medication.
I have also spoken to my Neuro Consultant, as she is carrying out my rehab program, instead of moving forward all we seem to talk about is the parking company.

I be relying on in support of my application?
Letters from the council and maps from the council showing this as highway
Photos of the area

Umkomaas

If you missed the deadlines for dealing with the court claim - Acknowledgement of Service (AOS) essentially within 14 days of issue gaining you a further 14 days to produce your defence - a set aside would seem very difficult to achieve.

It would cost you £255 which even if you got the set aside, you would be unlikely to recover that outlay. You'd then need to defend the original claim.

If you failed to AOS, then you only had the first 14 days available to defend. Once the deadline is reached and no defence submitted, the PPCs/their sols are lightning fast in applying for default judgment.

KeithP

But post #184 started:

With a Claim Issue Date of 7th November, you have until Monday 26th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

You thanked that post.

Why on earth didn't you do the AoS there and then?