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Gladstones court letter please help

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
19 replies 428 views
sam2412sam2412 Forumite
10 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi there :(

I am a newb in some ways and an old timer in the sense that I've been checking this forum for two years, tried to follow advices, but have been hit with a county court order

I really need your help on what to do as its against PCM and Gladstones, my father already paid around £300 to them after they issued a court order to him when he was the registered keeper of my car (he is very old and got stressed at the idea and didn't want to fight the case) but I cannot afford the costs

Firstly - time is running out for it as it was issued on 5th July 2018 and I have 28 days from then to answer - I really am unsure do I submit defence now or only acknowledgment?

The situation - we got our flat rented from the estate agent on the agreement that we'd have parking. They confirmed a number of times. Lo and behold they had lied to us and we are living in an apartment where there are allocated spaces outside (which at the time they said we'd get one) which require resident permits, but our actual flat is not entitled to one.

We often park in an unmarked bay by the bins as there is no free parking anywhere in the area. A neighbour has now kindly given us their parking space with a permit, but we had at least 10 tickets from PCM over the 2 years issued to us. We IGNORED all PCNs and gladstones letters (residents in the court have bundles of 100s and have never had a court order) however this is our second court order.

The fines are still haunting us from a year ago and the court order states that we have to pay £245.04, £75 of which is the court fee and legal representative's costs.

I am worried as this is just for ONE of the at least TEN PCNs that have been issued. Furthermore we really are struggling financially and keep being hit by these tickets in London.

I have read everything on the newbie section but I just am so confused and have literally TWO days before the deadline is up, can someone please help?

the signage does not give any option to stay free for any time, it is just a sign which states that ONLY permit holders can park else there will be a penalty - does that mean there is 'no contract'?

1. Do I have a a case?

2. Can someone please help me on this? I will do the work but just need some direction.

3. Should I be worried I'll get a court order for all the other tickets too?

Please do respond!!:(
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Replies

  • edited 31 July 2018 at 2:59PM
    KeithPKeithP Forumite
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    edited 31 July 2018 at 2:59PM
    What is this 'court order' you speak of?
    The one issued on 5th July.

    Is it headed Judgment for Claimant (in Default)?

    Or is it a Claim Form?
  • sam2412sam2412 Forumite
    10 Posts
    Hi Keith and firstly thank you so much for the reply..

    I received a Claim Form from the County Court Business Centre, Issue date 05 July 2018, under which it says the claim no. and county court business centre address in northampton.

    It has a claim number and it says claimaint - and gives info about PCM, Slough, Berks, address of gladstones solicitors, then my name and defendant, particulars of claim:

    The driver of vehicle registration (my registration) incurred the parking charged on 20/08/2017 for breaching the terms of parking on the land at (address in London). The defendant was driving the vehicle and/or is the Keeper of the Vehicle AND THE CLAIMANT CLAIMS £160 for Parking Charges/ Damages and indemnity costs if applicable, together which interest of £10.04 pursuant to s69 of the County Courts Act 1984 at 8% p.a. continuing to judgement at £0.04 per day.

    Signed: Helen Cook (Claimant's legal representative)

    Sorry the above is basically the form's first page transcribed...
  • nosferatu1001nosferatu1001 Forumite
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    If it is a claim form you have FOURTEEN days from date of service to ACKNOWLEDGE and then a TOTAL of 33 days from date of issue to get your defence in

    The newbies thread, post 2, explains this in a diagram.

    EDIT: if you havent acknolwedged the claim, then your initial 14 days from date of service are up, and Gladstones may already have a default judgement against you.
  • sam2412sam2412 Forumite
    10 Posts
    Thank you nosferatu as well for reading...really appreciated.

    So does it mean I've already lost my ability to fight this, as I missed the 14 day deadline? Is there anything I can do?
  • nosferatu1001nosferatu1001 Forumite
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    So you have not acknowledged? YOu need to give *precise* answers

    If NO
    Try acknowleding NOW.

    This at least gives you the full 33 days from date of issue, meaning you have a couple days.

    then BREATHE for at least two minutes.
  • sam2412sam2412 Forumite
    10 Posts
    Yes I have acknowledged it online today.

    And apologies for the panic.

    So hopefully now I have the full 33 days from date of issue, and need your kind help here to understand all of this in the couple of days that I have.
  • nosferatu1001nosferatu1001 Forumite
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    Have you understood the basics of how PPCs operate?
    They all rely on contract law - they offer you parking in return for you agreeing to some terms, and paying £100 if you dont follow them.

    However it is possible your lease already gave you rights to park there
    Or the signs - which offer the contract - were not visible there
    Or the PPC lacks the authority of the *landowner* to operate there - meaning they had nothing to offer, anyway

    So you need to get photos, and show us them. "Break" the URL (tiny pics or similar to host the pictures) by changing HTTP to HXXP in the URL, we will then fix it
  • KeithPKeithP Forumite
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    sam2412 wrote: »
    So hopefully now I have the full 33 days from date of issue, and need your kind help here to understand all of this in the couple of days that I have.
    Yes, hopefully.

    You can check the claim status by logging on to MCOL.

    If the Aos was successful, you have until 4pm on Tuesday 7th August 2018 to file a Defence.

    That gives you a week to compile a Defence. Not long.
    Do not miss that deadline.

    Is this claim addressed to your father or to you?
    It is important that the correct person defends the claim.


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

    1) Print the Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to [email protected]
    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'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
    7) Wait for the Directions Questionnaire and come back here.
  • sam2412sam2412 Forumite
    10 Posts
    Thank you for your responses

    I will send you the parking sign picture today and hopefully if you can help me once the terms are clear from that picture, that would be amazing.

    Yes the claim now is in my name as I changed myself to the registered keeper.

    Many thanks again. It means a lot that there are people out there giving their time to help others.
  • sam2412sam2412 Forumite
    10 Posts
    The link is below for the parking sign, thanks.

    hXXps://ibb.co/b6jMg8
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