Claim form from Gladstone’s - EuroParking Services

DaMadd84

Ok, that!!!8217;s great thanks! Any tips regarding the wording I should include in the defence on the claim form? I!!!8217;ll be doing it online by the way.

nosferatu1001

Firstly

Go read the newbies thread, stuck near the top of the forum. Post 2 deals with court claism. Hint: you will NOT be filling out a stupid box on a crappy claim form. You will do this properly

The post will guide you through acknowleding the claim to get teh full 33 days from date of issue to ensure the court RECEIVES your printed, signed, scanned to PDF and EMAILED to the CCBAC email address you can find in about five minutes.

You have multiple angles, but the first thing you state is that you as keeper are not liable, as the claimant has not met the requirements under POFA to hold you liable. You do not have to say more than that now - let them find out, when you file your WS and copies of the appeal submitted on X date stating the drivers identity. I presume a name and serviceable address for the driver was given? Yes or no on this point.

DaMadd84

No, I simply stated that my wife was the driver if I remember correctly. It’s been a while since I typed out the appeal letter.

nosferatu1001

Go check

Despite the excitement above, ASSUMING they have met the usual conditions of POFA to hold the keeper liable, in order for the keeper to remove that option for them is to give the name and serviceable address of the driver.

Now you coudl argue that, habing given this incompletely they should have asked. But technically they dont have to.

So you need to see exactly what you gave them. WHile youre there you also need to go through the NtK and check if it complies with POFA to hold you liable.

DaMadd84

The NTK states that:

You are now invited to

(i) Pay the unpaid Parking Charge;

Or

(ii) If you were not the driver of the vehicle, to notify us of the name of the driver and a current address for service for the driver AND pass this notice onto the driver.

Please be warned: that if, after the 28 day’s beginning with the day after that on which the notice is given (i) the amount of the unpaid parking charge specified in this notice has not been paid in full, and (ii) we do not know both the name of the driver and the current address for service for the driver, we have the right to recover from you,/9 much of that parking charge as remains unpaid.

nosferatu1001

That isnt all tha tis needed

Look up POFA sched 4 para 9, and check off each part of it. This is your task to do.

DaMadd84

I’ve checked the POFA details that you asked me to look through. It seems that everything requires by the legislation is there in the NTK.

Coupon-mad

OK so forget about 'wrong defendant' if you didn't give your wife's name & address.

Spend the weekend reading the NEWBIES thread, post #3 which walks you through what to do and when, and how to (most likely) win.

First you MUST do the AOS online (easy - see the pictures linked in the NEWBIES thread) and then search the forum for Gladstones Euro defence and read about ten or more just like yours.
Copy from those.

Then show us your draft.

Umkomaas

Spend the weekend reading the NEWBIES thread, post #3 which walks you through what to do and when, and how to (most likely) win.

It's post #2 you'll need to read in the NEWBIES FAQ sticky, that covers court proceedings.

CM burning the midnight oil again - 1:38am. How do you do it? :eek:

DaMadd84

No worries! But I obviously need to put an initial brief description of my defence when I reply to the court to acknowledge the claim. What would I put in there if I can’t use the wrong driver arguement?