GLADSTONES PARKING CHARGE AT WORK. Incorrectly filed defence. Can you re-send a different defence?

GiaPetite

Hi there,


I am creating a new thread on behalf of my colleague who has received two parking charges from Gladstones whilst parking at work in the designated car park with a valid parking permit.

He has incorrectly filed a defence on the actual County Court Claim Form (where there is a really small place to write a defence). He also sent a copy of his valid parking permit (at the wrong stage). I have told him that he should have used the draft defence as recommended on here and change it according to his circumstances. Can he still do this or will they take the first defence? His case is solid but I am worried he may have just affected his chances of winning through filing this defence without the right evidence or facts.

Can this be salvaged?

waamo

Can you get them to post here themselves? Giving second hand information in a live court case is never a good idea. There is way to high a chance of something being wrongly conveyed or missed.

GiaPetite

I understand. However he doesn't have a computer and is pretty computer illiterate so I said I'd help him. And I was wondering if there is any point now in submitting a new (proper) defence using an edited draft here or is it to late?

nosferatu1001

It is basiclaly too late.
You can but try, however, which is ht eobvious answer.
Apologise to the court and ask that this fuller defnece is accpeted. But given we dont lknow how long this has been left to go bad, its hard to guess their chances.
For example if it was done this morning, then as long as a defence is filed by email today then the post canot have arrived.

See how details help?

GiaPetite

I'm told it was sent yesterday first class.


Basically there are two parking charges. For one, he had a permit displayed too far on the dashboard that the reg couldn't be read, and two, the parking permit he believes blew onto the floor. The trouble is, he has stupidly told them the blind truth which is basically admitting fault and I don't know which angle to take. No matter how valid the parking permit he has is, and the fact he has been employed in the same place for 22 years, he has still technically admitted liability. However as you know with these parking companies, they don't follow various procedures correctly.


Can he still win this?

Coupon-mad

I'm told it was sent yesterday first class.

OK so it hasn't reached CCBC yet as yesterday was a Bank Holiday. It's only in the post TODAY!

Can he/she now email a decent defence TODAY before 4pm, NOW, so it arrives in this working day and beats the post?

Then he/she should ring CCBC later in the week and point out which one was filed FIRST. The emailed one.

Do not faff about, he has ONLY 2 hours to wallop a signed/dated better defence to the usual CCBCAQ justice email addy!

Don't ask what to put, or show us a draft. NO TIME.

nosferatu1001

It depends what the work agreement says
You coudl say the driver was authorised to be there, and they should have confirmed this with a white list. It was the same car as the previous X years, so there was no excuse to not realise.

GiaPetite

He is at work now so I'm not sure if he can. Will it definitely go against him if he can't or sends it late? Will they not take it into consideration instead? The post could be there by now?

Coupon-mad

Oh stop. Told you what to do. He now has ONE hour.

He cannot send a later defence and ask for that to be used instead. His deadline by email is 4pm.

The later defence is ignored. That's why he needs to email a signed one NOW NOW NOW.

KeithP

When your friend is 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 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'.

nosferatu1001

You can do what youve been told to do, by poeople who understnad the process, or you can come up with endless variations whcih do not help your friend, in the slightest.

Them being at work? Not our problem. If they want to fix THEIR MISTAKE then you have been told the best and ony way to do so.

The post will not be there. They do not pick up on a bank holiday!